SIXTH DAY.

CONVENTION HALL.

Montgomery, Ala., Tuesday, May 28, 1901.

The Convention met pursuant to adjournment.

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

ROLL CALL.

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

Messrs. President,

Banks,

Almon,

Barefield,

Altman,

Bartlett,

Ashcraft,

Beddow,


78

JOURNAL OF ALABAMA.

Blackwell,

Henderson,

Boone,

Hinson,

Brooks,

Hodges,

Browne,

Hood,

Bulger,

Howell,

Burnett,

Howze,

Byars,

Inge,

Cardon,

Jackson,

Carmichael (Colbert),

Jenkins,

Carmichael (Coffee),

Jones (Bibb),

Carnathon,

Jones (Montgomery)

Case,

Jones (Wilcox),

Chapman,

Kirk,

Coleman (Greene),

Kirkland,

Coleman (Walker),

Knight,

Cornwell,

Kyle,

Cunningham,

Ledbetter,

Davis (DeKalb),

Leigh,

Davis (Etowah),

Lomax,

deGraffenried,

Lowe (Jefferson),

Duke,

Lowe (Lawrence),

Eley,

Macdonald,

Eyster,

McMillan (Baldwin),

Espy,

McMillan (Wilcox),

Ferguson,

Malone,

Fitts,

Martin,

Fletcher,

Maxwell,

Foshee,

Merrill,

Foster,

Miller (Marengo),

Freeman,

Miller (Wilcox),

Gilmore,

Moody,

Glover,

Morrisette,

Graham (Montgomery),

Mulkey,

Graham (Talladega),

Murphree,

Grant,

NeSmith,

Grayson,

Norman,

Greer (Calhoun),

Norwood,

Greer (Perry),

Oates,

Handley,

O’Neal (Lauderdale),

Heflin (Chambers),

O’Neill (Jefferson),

Heflin (Randolph),

Opp,


79

CONSTITUTIONAL CONVENTION.

O’Rear,

Sorrell,

Palmer,

Spears,

Parker (Cullman),

Spragins,

Parker (Elmore),

Stewart,

Phillips,

Studdard,

Pillans,

Tayloe,

Porter,

Thompson,

Proctor,

Vaughan,

Reese,

Waddell,

Reynolds (Henry),

Walker,

Robinson,

Watts,

Rogers (Sumter),

Weakley,

Samford,

Weatherly,

Sanders,

White,

Sanford,

Whiteside,

Searcy,

Williams (Barbour),

Selheimer,

Williams (Marengo),

Sentell,

Williams (Elmore),

Sloan,

Wilson (Clarke),

Smith (Mobile),

Wilson (Washington).

Smith, Mac. A.,

Winn.

Sollie,

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

LEAVE OF ABSENCE

Was granted to Messrs. King and Reynolds of Chilton for to-day and to-morrow; to Mr. Pitts until Friday; to Messrs. Pettus, Craig and Long of Butler, for to-day; to Mr. Sollie for to-morrow and Thursday; to Mr. Dent for to-day, Wednesday and Thursday; to Mr. Jones, of Hale, indefinitely; to Mr. Watts for to-morrow and Saturday; to Mr. Lomax for to-morrow and until Saturday; and to, Mr. Samford to-morrow.

REPORT OF THE COMMITTEE ON THE JOURNAL.

The chairman of the Committee on the Journal submitted the following report:


80

JOURNAL OF ALABAMA

The Committee on the Journal beg leave to report that they have examined the Journals for the fourth and fifth days of the Convention, and found the same to be correct.

Respectfully submitted,

JOHN F. PROCTOR, Chairman.

The report of the committee was concurred in.

Mr. DeGraffenreid moved that the Journal be approved, and that the further reading of the Journal be dispensed with.

Mr. Beddow moved to table the motion of Mr. DeGraffenreid. The motion to table was lost.

The question recurred on the motion of Mr. DeGraffenreid, and the motion to approve the Journal and dispense with the reading of the same prevailed.

STENOGRAPHIC REPORT.

Mr. Reese called the attention of the Convention to the fact that the official stenographic report did not contain the prayer offered at the opening of each session of the Convention.

The President announced that in the future the report would contain the prayer, offered each morning in full.

QUESTION OF PRIVILEGE.

Mr. Ashcraft arose to a question of personal privilege, and stated that the official stenographic report of Friday’s proceedings had misquoted him in his remarks of that day, in this: I am quoted as saying, “I think I have the capacity and the experience which will enable me to express clearly some of the reasons why these reports should not be made,” etc. Which is incorrect. I said “I wish I had the capacity and the experience which would enable me to express clearly,” etc.

The President ordered the official stenographic report to be corrected accordingly.


81

CONSTITUTIONAL CONVENTION.

RESOLUTIONS.

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

Resolution 29, by Mr. Howell:

Resolved, That daily session of this Convention shall begin at 10 o’clock a. m. and adjourn at will.

The resolution was referred to the Committee on Rules.

Resolution 30, by Mr. Lomax:

Resolved, That in any article, adopted by the Committee on Corporations and reported to this Convention, the provisions of the present Constitution as to the powers of corporations shall be preserved so that such powers shall not be enlarged in any respect or particular.

The resolution was referred to the Committee on Corporations.

Resolution 31, by Mr. Malone.

Be it resolved, First, that the new Constitution shall contain a provision permitting each separate township to assess and collect a special school tax of not exceeding twenty-five cents on a hundred dollars of assessed valuation of such township.

Second-That such sum as shall be so raised shall be used in connection with the amount due each township from the general fund of the State, and shall not be used for other purposes than the actual expenses of the school of such township for the scholastic year for which same shall have been raised.

Third-That the amount so raised from the property of persons of African descent shall be used for separate schools for children of African descent, and only such sum.

Fourth-That such election shall be under the State laws, and at an election for such purposes only.

The resolution was referred to the Committee on Education.

Resolution 32, by Mr. Malone:


82

JOURNAL OF ALABAMA

Be it resolved, That the new Constitution shall contain a provision for the examination by a competent public official of the financial condition of all State and private banks doing business in this State, and for the publication of same.

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

Resolution 33, by Mr. Miller, of Wilcox:

Be it resolved by this Convention, That the formation of school districts be encouraged in furtherance of our public school system, and that Trustees for the management of such schools be elected by the qualified electors of such district, and that the authority to raise funds for the support of district schools and for the building of school houses be delegated to such Trustees, at the option of the qualified voters of the district; and that such a system of district schools be established under well guarded limitations as to taxation, as will meet the inhibitions of the present Constitution, which are set out in case of Schultes vs. Eberly, in 82 Ala., page 242.

The resolution was referred to the Committee on Education.

Resolution 34, by Mr. Reese, of Dallas:

Resolved, That for the purpose of easy reference, the Rules Committee or such other committee as shall have supervision of the printing of the record of the proceedings, shall cause the pages constituting such record to be numbered consecutively in the same manner now practiced in the Congressional Record of the Congress.

The resolution was referred to the Committee on Rules.

Resolution 35, by Mr. Reese of Dallas:

Resolved, That the present constitutional basis of representation of the several counties in the General Assembly shall remain unchanged.

The resolution was referred to the Committee on Representation.

Resolution 36, by Mr. Reese of Dallas:


83

CONSTITUTIONAL CONVENTION.

Resolved, That it is the sense of this Convention that the present constitutional provisions relating to exempt property shall remain unchanged.

The resolution was referred to the Committee on Exemptions.

Resolution 37, by Mr. Spraggins of Madison.

Resolved, That in any Constitution that may be framed, it shall be provided that all members of the General Assembly of Alabama shall be elected for four years, and that the General Assembly shall meet once in four years, unless specially called together by the Governor, and that at its sessions only general legislation shall be enacted.

The resolution was referred to the Committee on Legislative Department.

Resolution 38, by Mr. Thompson:

Be it resolved by this Convention, That the Committee on Education shall so frame the article on Education that no money derived by taxation upon the property of white people shall be diverted to or appropriated for the support of any schools other than those for white children.

The resolution was referred to the Committee on Education.

Resolution 39, by Mr. Vaughan, of Dallas:

Whereas, the Democratic Party adopted a platform upon which a large majority of the delegates to this Convention were elected; and,

Whereas, it is right and proper that the provisions of said platform should be observed by this Convention.

Therefore, be it resolved, That there shall be inserted in any Constitution adopted by this Convention provisions regulating suffrage so as not to conflict with the Constitution of the United States, and for the best interests of the tax payers and people of the State of Alabama.

Second, that there shall be inserted in such Constitution a provision limiting the rate of taxation by the State, counties and municipalities, and that such rate of taxation shall not exceed the rate now fixed by the present Constitution, but a lower rate shall be fixed, if practicable.


84

JOURNAL OF ALABAMA

Third, that the said Constitution shall not deprive any white man of the right to vote except for conviction of infamous crimes.

Fourth, that Section 39 of Article IV of the present Constitution in reference to the removal and location of the State Capitol shall remain unchanged.

Fifth, that the rights and privileges conferred by the present Constitution upon corporations shall not be enlarged.

The resolution was referred to the Committee on Taxation.

ORDINANCES ON FIRST READING.

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

Ordinance No. 6, by Mr. Hodges:

To amend Section 2, Article X I of the Constitution.

(Relates to Education.)

The ordinance was referred to the Committee on Education.

Ordinance No. 7, by Mr. Howell:

To amend Section 2, Article I I, of the Constitution relative to the area of counties.

The ordinance was referred to the Committee on State and County Boundaries.

Ordinance No. 8 by Mr. Howze:

Be it ordained by the people of Alabama, in Convention assembled, that the Governor may veto any part or parts of any appropriation bill, and approve parts of the same, and the portions approved shall be law.

The ordinance was referred to the Committee on Executive Department.

Ordinance No. 9, by Mr. Howze:

Be it ordained by the people of Alabama, in Convention assembled, that the salary or fees of any public officer shall not be increased during his term of office.

The ordinance was referred to the Committee on Amending Constitution and Miscellaneous Provisions.

Ordinance No. 10, by Mr. Howze:


85

CONSTITUTIONAL CONVENTION.

Providing for the election of Lieutenant Governor.

The ordinance was referred to the Committee on Executive Department.

Ordinance No. 11, by Mr. Jones, of Montgomery:

To amend Article VIII of the Constitution. (Relates to Suffrage and Elections).

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

Ordinance No. 12, by Mr. Jones, of Montgomery:

To amend Section 1 of Article VII of the Constitution. (Relates to Impeachments.)

The ordinance was referred to the Committee on Impeachments.

Ordinance No. 13, by Mr. Kirk:

To amend Section 5 of Article V of the Constitution. (Relates to Succession of State Officers).

The ordinance was referred to the Committee on Executive Department.

Ordinance 15, by Mr. Kirk:

To amend Sections 6, 18, 23, and add Section 29 to Article VI of the Constitution. (Relates to holding of Circuit Court).

The ordinance was referred to the Committee on Judiciary.

Ordinance 15, by Mr. Kirkland:

Be it ordained that all officers hereafter elected by the people of the State of Alabama, both State and county, shall be elected at one and the same time for a period of four years from the time of their election, and until their successors are elected; provided, that no officer so elected shall be eligible to succeed himself as such officer.

The ordinance was referred to the Committee on Executive Department.

Ordinance 16, by Mr. Kirkland:

Relating to exemption laws.

The ordinance was referred to the Committee on Exemptions.

Ordinance 17, by Mr. Lomax:

To limit the powers of political or municipal corporations to incur debts and issue bonds.


86

JOURNAL OF ALABAMA

The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 18, by Mr. Lomax:

An ordinance limiting the powers of the General Assembly as to local and special legislation.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 19, by Mr. Lomax:

To readopt Section 7 of Article XI as amended, of the present Constitution in reference to taxation by cities, towns and municipal corporations.

The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 20, by Mr. Lomax:

An ordinance to readopt, with certain changes therein set out, certain sections of the present Constitution in reference to taxation, said sections being part of Article XI of the present Constitution.

The ordinance was referred to the Committee on Taxation.

Ordinance 21, by Mr. Lomax:

An ordinance to readopt the provisions of Article X of the Constitution of 1875 relating to exemptions.

The ordinance was referred to the Committee on Exemptions.

Ordinance 22, by Mr. Lomax:

An ordinance relating to suffrage and elections.

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

Ordinance 23,by Mr. Macdonald:

Ordinance to amend Section 22 of Article IV of the Constitution.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 24, by Mr. Macdonald:

Ordinance to amend Section 19 of Article IV of the Constitution.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 25, by Mr. Macdonald:

To amend Article VIII of the Constitution.


87

CONSTITUTIONAL CONVENTION.

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

Ordinance No. 26, by Mr. Malone:

To amend Article II of Section 2. (Relates to State and County Boundaries.)

The ordinance was referred to the Committee on State and County Boundaries.

Ordinance No. 27, by Mr. Miller, of Marengo:

(Relates to State and County boundaries.)

The ordinance was referred to the Committee on State and County Boundaries.

Ordinance No. 28, by Mr. Mulkey:

To amend Article V, Section 26 of Constitution. (Relates to Election of Sheriff, and Removal from office).

The ordinance was referred to the Committee on Executive Department.

Ordinance No. 29, by Mr. Murphree:

To amend Section 2 of Article XVII of the Constitution. (Relates to the holding of Constitutional Convention).

The ordinance was referred to the Committee on Amending Constitution and Miscellaneous Provisions.

Ordinance 30, by Mr. Murphree:

To amend Section 5 of Article XIII: (Relates to maintenance of public schools.)

The ordinance was referred to the Committee on Education.

Ordinance 31, by; Mr. Murphree:

To amend Section 5 of Article IV of the Constitution. (Relates to the holding of the sessions of the Legislature).

The ordinance was referred to the Committee on Legislative Department.

Ordinance 32, by Mr. Murphree:

To amend Section 2, Article X of the Constitution, relating to exemption (homestead).

The ordinance was referred to the Committee on Exemption.

Ordinance 33, by Mr. Oates:

Proposition of Senator John T. Morgan for elective franchise of the Constitution, with brief and citation of authority to sustain the same.


88

JOURNAL OF ALABAMA

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

Ordinance 34, by Mr. O’Neal of Lauderdale:

To amend Article XII, Section 1 of the Constitution, relating to military duties.

The ordinance was referred to the Committee on Militia.

Ordinance 35, by Mr. O’Neal, of Lauderdale:

To provide who shall be eligible to hold office under the Constitution and laws of Alabama.

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

Ordinance 36, by Mr. Phillips, of Clay:

To define county boundaries.

The ordinance was referred to the Committee on State anal County Boundaries.

Ordinance 37, by Mr. Pillans:

To amend Article II, Section 2 of the Constitution, relating to removal of county seats.

The ordinance was referred to the Committee on State and County Boundaries.

Ordinance 38, by Mr. Pillans:

To amend Article 1, Declaration of Rights, relating to prohibition of flogging convicts.

The ordinance was referred to the Committee on Preamble and Declaration of Rights.

Ordinance 39, by Mr. Robinson:

To amend Section I, Article XIII of the Constitution, relating to education.

The ordinance was referred to the Committee on Education.

Ordinance 40, by Mr. Samford:

To restrict the issuance of bonds by municipal corporations.

The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 41, by Mr. Samford:

To provide for the deposit of State funds in State banks.

The ordinance was referred to the Committee on Executive Department.


89

CONSTITUTIONAL CONVENTION.

Ordinance 42, by Mr. W. T. Sanders:

To amend Section 1 of Article X of the Constitution, relating to exemptions of personal property.

The ordinance was referred to the Committee on Exemptions.

Ordinance 43, by Mr. Sanders:

To amend Section 2 of Article X of the Constitution, relating to homestead exemptions.

The ordinance was referred to the Committee on Exemptions.

Ordinance 44, by Mr. Sanders:

To amend Section 3 of Article X of the Constitution, relating to homestead exemptions.

The ordinance was referred to the Committee on Exemptions.

Ordinance 45, by Mr. Sanford, of Montgomery:

To prohibit a sentence for contempt of court for any act committed out of its presence, without a trial by jury.

The ordinance was referred to the Committee on Judiciary.

Ordinance 46, by Mr. Sanford, of Montgomery:

To establish executive department of Alabama.

The ordinance was referred to the Committee on Executive Department.

Ordinance 47, by Mr. Sorrell:

To amend Section 5 of Article IV of the Constitution, relating to the time when the General Assembly shall meet.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 48, by Mr. Spraggins:

To amend Section 1 of Article XIII of the Constitution, relating to education.

The ordinance was referred to the Committee on Education.

Ordinance 49, by Mr. Spraggins:

To amend Section 2 of Article XI of the Constitution, relating to special tax for school purposes.

The ordinance was referred to the Committee on Education.


90

JOURNAL OF ALABAMA

Ordinance 50, by Mr. Thompson of Bibb:

To amend Section 3 of Article VIII of the present Constitution, relative to qualifications for office.

The ordinance was referred to the Committee on Education.

Ordinance No. 51, by Mr. Thompson:

To amend Sec. 8, Art. XIII of the present Constitution. (Relates to Appropriations for Schools.)

The ordinance was referred to the Committee on Education.

Ordinance No. 52, by Mr. Walker:

To regulate the mode of compensating the Clerk of the Supreme Court. (Relates to compensation of Clerk of Supreme Court.)

The ordinance was referred to the Committee on Judiciary.

Ordinance No. 53, by Mr. Walker:

To amend Article XVII of the present Constitution. (Relates to proposed amendments of the Constitution.)

The ordinance was referred to the Committee on Amending Constitution and Miscellaneous Provisions.

Ordinance No. 51, by Mr. Watts:

To amend Section 23 of Article IV of the present Constitution. (Relates to Local Legislation).

The ordinance was referred to the Committee on Local Legislation.

Ordinance No. 55, by Mr. Watts:

(Relates to Suffrage and Election.)

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

Ordinance No. 56, by Mr. Whiteside:

An ordinance to fix qualification of Superintendents of Education. (Relates to qualification of Superintendents of Education.)

Ordinance No. 57, by Mr. Williams of Marengo:

To abolish Justice of Peace offices in towns, villages and cities.

The ordinance was referred to the Committee on Judiciary.

Ordinance No. 58, by Mr. Wilson of Clarke:

To define qualification of voters in primary elections.


91

CONSTITUTIONAL CONVENTION.

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

ADJOURNMENT.

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