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CONSTITUTIONAL CONVENTION.

NINTH DAY.

CONVENTION HALL.,

Montgomery, Ala., Friday, May 31, 1901.

The Convention met pursuant to adjournment.

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

ROLL CALL.

Mr. deGraffenried asked unanimous consent to have the roll call, from this day forward, dispensed with.

An objection was interposed.

Mr. deGraffenried moved that the rules be suspended and that in future the roll call be dispensed with.

Mr. Bulger arose to debate the question.

Mr. Willett raised the point of order that the question was not debatable.

The point of order was sustained.

Mr. Beddow moved to table the motion of Mr. deGraffenried to suspend the rules.

The motion was ruled out of order.

The question recurred upon the motion of Mr. deGraffenried to suspend the rules.

The motion was lost.

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

Messrs. President,

Blackwell,

Almon,

Boone,

Altman,

Brooks,

Ashcraft,

Browne,

Banks,

Bulger,

Barefield,

Burns,

Beavers,

Byars,

Beddow,

Cardon,

Bethune,

Carmichael (Colbert),


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Carmichael (Coffee),

Jackson,

Carnathon,

Jenkins,

Case,

Jones (Bibb),

Chapman,

Jones (Wilcox),

Cobb,

King,

Cofer,

Kirk,

Coleman (Greene),

Kirkland,

Coleman (Walker),

Knight,

Cornwell,

Kyle,

Craig,

Ledbetter,

Cunningham,

Leigh,

Davis (DeKalb),

Locklin,

Dent,

Long (Butler),

deGraffenried,

Long (Walker),

Duke,

Lowe (Lawrence),

Eley,

Macdonald,

Eyster,

McMillan (Baldwin),

Espy,

McMillan (Wilcox)

Ferguson,

Malone,

Fletcher,

Martin,

Foshee,

Maxwell,

Foster,

Merrill,

Freeman,

Miller (Marengo),

Gilmore,

Miller (Wilcox),

Glover,

Moody,

Graham (Montgomery),

Morrisette,

Graham (Talladega),

Mulkey,

Grant,

Murphree,

Grayson,

NeSmith,

Greer (Calhoun),

Norman,

Haley,

Norwood,

Handley,

Oates,

Heflin (Chambers),

O’Neal (Lauderdale),

Heflin (Randolph),

O’Neill (Jefferson),

Henderson,

Opp,

Hinson,

O’Rear,

Hodges,

Palmer,

Hood,

Parker (Cullman),

Howell,

Pearce,

Howze,

Pettus,

Inge,

Phillips,


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Pillans,

Spragins,

Porter,

Stewart,

Proctor,

Studdard,

Reese,

Tayloe,

Reynolds (Chilton),

Vaughan,

Robinson,

Waddell,

Rogers (Lowndes),

Walker,

Rogers (Sumter),

Watts,

Samford,

Weakley,

Sanders,

Weatherly,

Sanford,

White,

Selheimer,

Whiteside,

Sentell,

Willett,

Sloan,

Williams (Barbour),

Smith (Mobile),

Williams (Marengo),

Smith, Mac. A.,

Williams (Elmore),

Smith Morgan M.,

Wilson (Clarke),

Sollie,

Wilson (Washington).

Sorrel1,

Winn-139.

Spears,

REPORT OF THE COMMITTEE ON JOURNAL.

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

Report of the Committee on the Journal:

The Committee on the Journal beg leave to report that they have examined the Journal for the eighth day of the Convention, and that the same is correct.

Respectfully submitted,

JOHN F. PROCTOR, Chairman.

The report was concurred in.

On motion of Mr. Boone, the reading of the Journal was dispensed with, and the same was approved.

LEAVE OF ABSENCE

Was granted to Messrs. Kirkland for to-day and to-morrow; Searcy, for to-day and to-morrow; Kyle, for to-morrow; Porter, for to-day and Monday; Miller, of Marengo, for to-day, Monday and Tuesday; Jackson, for this afternoon; Reynolds, of Henry, for to-day and to-


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morrow; Gilmore, for today and to-morrow; McMillan, of Baldwin, for Monday; Freeman, for Monday; Cobb, for Monday; Stewart, for Monday; Maxwell, for Monday; Williams, of Marengo, for Monday; Greer, of Calhoun, indefinitely; Lowe, of Lawrence, for Monday; Mulkey, for Monday and Tuesday; Jones, of Montgomery, for today; Greer, of Perry, for Monday; Grant, for Monday, Tuesday and Wednesday; Inge, for Monday and Tuesday, until 12 m.; Williams, of Elmore, for Monday.

ADJOURNMENT.

Mr. Browne moved that when the Convention adjourn today that it adjourn to meet Monday at

12 m.

The motion prevailed.

RECONSIDERATION.

Mr. Grayson moved that the vote by which the motion of Mr. Browne, fixing the time of adjournment for today, be reconsidered.

Mr. Willett raised the point of order that the motion of Mr. Grayson was out of order, in that a motion to adjourn could not be reconsidered.

The point of order was sustained.

REPORT OF THE COMMITTEE ON RULES.

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

The committee on Rules begs to report to the Convention that it has had under consideration the resolutions hereinafter mentioned, and reports thereon as follows:

The committee reports favorably upon resolution number 41, introduced by Mr. Altman, of Sumter, and recommends its adoption by the Convention.

Said resolution reads as follows:

Be it resolved, That three hundred copies of the Bill of Rights and Constitution be printed and distributed among the members of the Convention and committees.

The committee reports favorably to resolution number 34, introduced by Mr. Reese, of Dallas, and recom-


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mends its adoption by the Convention, which resolution reads as follows:

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

The Committee reports favorably to resolution number 71 introduced by Mr. O’Neal, of Lauderdale, and recommends its adoption by the Convention, which resolution reads as follows:

A resolution to adopt the present Constitution of the State of Alabama by this convention, subject to such revision and amendments in any article, section or part thereof as this Convention may hereafter determine.

That whereas the act of the General Assembly of Alabama, which provides for the holding of this Convention, declares that this Convention shall continue in session until it shall, by careful revision and amendments of the present Constitution, frame and adopt a revised Constitution for this State.

Therefore, be it resolved, That the present Constitution of the State of Alabama be and the same is hereby adopted by this Convention as the Constitution of the State of Alabama, subject only to be revised, amended or altered, in any article, section, clause or part thereof.

The committee reports adversely to resolution number 82, introduced by Mr. Oates, of Montgomery, and recommends that it be not adopted by the Convention, because the operation of the resolution of Mr. Oates is identical with the operation of resolution number 71, by Mr. O’Neal, of Lauderdale, hereinabove reported favorably, and the committee reports adversely to this resolution only for the reason that its subject matter is fully covered by the resolution of Mr. O’Neal. Said resolution number 82, introduced by Mr. Oates, reads as follows:

Resolved, That the present Constitution shall be the basis for action by this Convention, and all its provisions which are not abrogated by repeal nor amended shall be and remain parts of the new Constitution.


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The committee reports favorably to resolution number 76, introduced by Mr. Proctor of Jackson, and recommends its adoption by the Convention. Said resolution reads as follows:

Resolved, That the reading each day of the Journal of this Convention be dispensed with, unless the same is demanded by the Convention.

The committee reports favorably to resolution number 80, introduced by Mr. Reese, of Dallas, and recommends its adoption by the Convention. Said resolution reads as follows:

Resolved, That rule 27 be and is hereby amended as follows: By adding at the end thereof the following words:

“Provided, That any vote taken on the last day of the session of this Convention may be reconsidered on same day.”

The committee reports adversely to resolution number 50, introduced by Mr. Henderson, of Pike, and recommends that it be not adopted by the Convention, for the reason that resolution No. 41, introduced by Mr. Altman, of Sumter, covers the same matter, and has been favorably reported.

Said resolution reads as follows:

Resolved, That five hundred copies of the present Constitution be printed for the use of members of this Convention.

The said resolutions hereinabove referred to are herewith returned to the Convention.

Mr. Wilson, of Clarke, offered as a substitute for resolution 71, reported favorably in the above and foregoing report of the Committee on Rules, the following:

Resolved by the Convention, That each committee report to the Convention the article or sections of the present Constitution, which it is appropriate for said committee to consider, and as to which no amendment has been proposed, and which, in the judgment of the committee having charge of the article of sections, should not be amended.

Mr. Carmichael, of Colbert, offered an amendment to the substitute offered by Mr. Wilson, of Clarke, as follows:


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CONSTITUTIONAL CONVENTION.

Resolved, That the Committee on Order and Harmony of the Constitution be directed to report back to the Convention when they make final report, such parts of the old Constitution as have not been amended by proposed ordinances, as a part of the proposed new Constitution.

The substitute and amendment, after discussion pro and con by the various delegates, were, by consent, withdrawn.

Mr. Pillans offered the following substitute for resolution number 71, reported favorably in the above and foregoing report of the Committee on Rules:

Resolved, That it is the sense of this Convention that all ordinances hereafter offered shall be confined to the statement of the new matter offered, without the unnecessary repetition of the existing Constitution.

The substitute offered by Mr. Pillans was accepted by the chairman of the Committee on Rules.

Resolution 71, by Mr. O’Neal, of Lauderdale:

“To adopt the present Constitution of the State of Alabama by this Convention, subject to such revisions and amendments in any article, section or part thereof, as this Convention may hereafter determine.

That whereas the act of the General Assembly of Alabama, which provided for the holding of this Convention, declares that this Convention shall continue in session until it shall by careful revisions and amendments of the present Constitution, frame and adopt a revised Constitution for this State.

Therefore, be it resolved, That the present Constitution of the State of Alabama be and the same is hereby adopted by this Convention as the Constitution of the State of Alabama, subject only to be revised, amended or altered in any article, section, clause or part thereof.”

And the substitute offered by Mr. Pillans be recommitted to the Committee on Rules.

Resolution 71:

The motion prevailed, and the resolution 71 and substitute were recommitted to the Committee on Rules.

Mr. O’Neal moved that the report of the Committee on Rules, with the exception of resolution 71, be adopted.

The resolution prevailed, and the report was adopted.


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JOURNAL OF ALABAMA.

RESOLUTIONS.

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

Resolution 83, by Mr. Pettus:

Be it resolved, That hereafter all ordinances and resolutions offered in this Convention shall state briefly in the title the substance of such ordinance or resolution, and shall be read by the title only, and referred to the appropriate committee; provided, that it shall be in order for any delegate to call for a full reading of such ordinance or resolution within a reasonable time after it has been read by the title.

The resolution was referred to the committee on Rules.

Resolution 84, by Mr. Sanford, of Montgomery:

Resolved, That during the call of the roll for the introduction of resolutions and ordinances, no discussion upon any subject shall be heard by the Convention, and all such discussions shall be considered out of order.

The resolution was referred to the Committee on Rules.

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

Resolution 84:

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

Resolution 85, by Mr. Jones, of Wilcox:

Resolved, That it is the sense of this Convention that whenever an ordinance is introduced by a member of this Convention merely to add to, amend or alter one or more sections of any article of the present Constitution, that only the section or sections so added to, amended or altered, be embraced in such ordinance, and that the whole article be not set out in such ordinance.

The resolution was referred to the Committee on Rules.

Resolution 86, by Mr. Long, of Walker:

Whereas, a resolution making an appropriation from the State of Treasury of $70 a day for a stenographic re-


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port of the proceedings of the Constitutional Convention was passed by this body without an aye and nay vote, and

Whereas, There are grave doubts as to the legality of such a proceeding, and

Whereas, the stenographic report as published show many errors; therefore, be it resolved

That the President of this Convention be and he is hereby requested to immediately cancel the contract for the stenographic report after paying all the expenses by the State connected therewith to the date of cancellation.

The resolution was referred to the Committee on Rules.

Resolution No. 87, by Mr. Vaughan:

Resolved, That no delegate shall introduce a resolution or ordinance until his name is reached on the roll call, except under a suspension of the rules.

The resolution was referred to the Committee on Rules.

Resolution 88, by Mr. Reynolds, of Chilton:

Be it resolved by the people of Alabama, in Convention assembled, that all county officers within this State shall be elected for a term of four years, and that they be ineligible to any office in the county within four years after the expiration of their term of office.

The resolution was referred to the Committee on Executive Department.

Resolution No. 89, by Mr. Reynolds, of Chilton:

Be it resolved by the people of Alabama, in Convention assembled, that a stock law shall not be passed for any community within this State until such question shall have been submitted, in an election for that purpose alone, to the people of that community, and a majority of the qualified voters shall have, at said election, approved of the passage of such stock law.

The resolution was referred to the Committee on Legislative Department.

Resolution No. 90, by Mr. Reynolds, of Chilton:

Be it resolved by the people of Alabama, in Convention assembled, that no person shall be permitted to marry within five years after obtaining a divorce.


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The resolution was referred to the Committee on Judiciary.

Resolution No. 91 by Mr. Weatherly, of Jefferson:

Whereas, the General Assembly of Alabama did provide for the holding of this Convention by an act entitled “An act to provide for holding a Convention to revise and amend the Constitution of this State,” approved December 11th, 1900; and, whereas, in and by Sections 15 to 212, inclusive, of said act, it was provided that certain matters should and that certain matters should not be incorporated in any Constitution which this Convention might adopt; and

Whereas, The question of whether or not this Convention should be held was duly submitted to the qualified electors of the State under and in accordance with said act, by whom the holding of this Convention was duly approved, and this Convention has been duly convened and become organized in accordance with the requirement of said act;

Now, therefore, be it resolved, That the Judiciary Committee of this Convention be and it is hereby instructed to report to this Convention at an early day to what extent, if any, this Convention is bound by the requirements contained in said Sections 15 to 21 2 of said act considered as a mere legislative enactment independently of the vote of the qualified electors authorizing the holding of this Convention, and also in connection with, and as affected by such vote.

NOTE-See Jameson on Constitutional Conventions.

Resolution 92, by Mr. Espy:

Be it resolved, That the Committee on Rules fix a time in which ordinances shall be introduced, and after the expiration of the time so fixed by said committee no ordinance shall be introduced by any delegate for consideration by this Convention.

The resolution was referred to the Committee on Rules.

Resolution 93, by Mr. Williams, of Elmore:

Resolution to provide for a Committee on Pensions for Confederate soldiers.


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Be it resolved, That the chairman of the Rules Committee be authorized to appoint a committee of nine, of which Governor William C. Oates shall be chairman, said committee to be styled and known as Pensions Committee for Confederate Soldiers.

The resolution was referred to the Committee on Rules.

Resolution 94, by Mr. Williams, of Elmore:

Resolution for the appointment of the following standing committees:

Be it resolved that the chairman of the Rules Committee appoint three standing committees of nine members each; to-wit: A Committee on Federal Relations, a Committee on Agriculture, Commerce and Industry, and a Committee on Temperance.

The resolution was referred to the Committee on Rules.

Resolution 95, by Mr. Wilson, of Clarke:

Resolved, That the Secretary of the Convention be, and he is authorized to purchase such blank books, stationery and other necessary supplies as may be necessary for the use of his office.

The resolution was referred to the Committee on Rules.

Resolution No. 96, by Mr. Wilson, of Clarke:

Resolved, That the clerks of the several committees of this Convention shall, when not engaged in attendance upon the meetings of their several committees, remain at some convenient place to be designated by the chairman of the committee which said clerk serves, at all reasonable hours; and such clerk shall perform such clerical work as may be required of them by the several members of the committee of which they are clerks.

The resolution was referred to the Committee on Rules.

Resolution 97, by Mr. Winn:

A resolution relating to the form of ordinances submitted.

Be it resolved by this Convention that all ordinances shall relate to but a single article or subject matter, in


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order to the reference of the same to the appropriate committee.

Second, be it further resolved that no ordinance offending this rule shall be received or referred.

The resolution was referred to the Committee on Rules.

ORDINANCES ON FIRST READING.

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

Ordinance 163, by Mr. W.T. Sanders:

To amend Article VIII of the Constitution by striking out the whole thereof, and inserting a new article. Relates to Suffrage and Elections.

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

Ordinance 164, by J.W.A. Sanford:

To amend Section 54, Article IV and to authorize the State to construct and own works of internal improvement.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 165, by J.W.A. Sanford:

To prohibit the General Assembly from abolishing the military system of education in the University of Alabama, and in the Alabama Polytechnic Institute.

The ordinance was referred to the Committee on Education.

Ordinance 166, by J.W.A. Sanford:

To amend Section 2 of Article I of the Constitution by striking out the words “or who shall have legally declared their intention to become citizens of the United States.”

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

Ordinance 167, by Mr. Selheimer:

To amend Section 29 of Article IV of the Constitution of Alabama.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 168, by Mr. Selheimer:


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To amend Section 13 of Article V of the Constitution of Alabama.

The ordinance was referred to the Committee on Executive Department.

Ordinance 169, by Mr. Sentell, J.O.:

To amend Section 2 of Article X of the present Constitution. (Relates to exemptions.)

The ordinance w as referred to the Committee on Exemptions.

Ordinance 170, by Mr. Beavers:

To declare null and void the act of March 5, 1901, with accompanying memorial. (Relates to county seat of Shelby County.)

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

Ordinance 171, by Mr. M. M. Smith:

To fix the salary of the Governor.

The ordinance was referred to the Committee on Executive Department.

Ordinance 172, by Mr. M. M. Smith:

To amend section 7 of Article X of Constitution of Alabama. (Refers to Exemptions.)

The ordinance referred to the Committee on Exemptions.

Ordinance 173, by Mr. M. M. Smith:

To exempt cotton manufactories from taxation for ten years.

The ordinance was referred to the Committee on Taxation.

Ordinance 174, by Mr. Sollie:

Be it ordained by the people of Alabama, in Convention assembled; that no person shall be eligible to hold any public office or to serve as a juror in Alabama who does not belong to the white race, and who is not descended exclusively from the white race, and who is not at the time of his election or appointment to such office and has not been for at least one year immediately prior thereto a citizen of the United States and of Alabama.

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

Ordinance 175, by Mr. M. Sollie:


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To amend Section 38 of Article I of the Constitution:

(Relates to qualifications for suffrage.)

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

Ordinance 176, by Mr. Sollie:

To confer the right of suffrage on certain people.

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

Ordinance 177, by Mr. Kyle:

To amend suffrage clause of the Constitution.

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

Ordinance 178, by Mr. Tayloe:

Regulating appropriations by the General Assembly.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 179, by Mr. Tayloe, of Perry:

Relating to the Committees in the General Assembly, whose duty it is to raise revenues.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 180, by Mr. DeGraffenreid:

To amend Section 10 of Article VI of the Constitution of the State of Alabama, relative to the salary of judges.

The ordinance was referred to the Committee on Judiciary.

Ordinance 181, by Mr. Vaughan, of Dallas:

To amend Section 27 of Article IV of the Constitution of Alabama, relating to the signing of bills and joint resolutions by the presiding officer of each house.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 182, by Mr. B.B. Boone:

To add an additional section to the Declaration of Rights.

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

Ordinance 183, by Mr. B.B. Boone:

To regulate the organization and classification of cities and towns.


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The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 184, by Mr. Walker, of Madison:

To fix the term of office of the Chief Justice and Associate Justices of the Supreme Court.

The ordinance was referred to the Committee on Judiciary.

Ordinance 185, by Mr. Walker:

To amend Section 17 of Article VI of the Constitution.

(Referring to vacancies in the offices of Judges.)

The ordinance was referred to the Committee on Judiciary.

Ordinance 186, by Mr. Weakley:

To provide for the organization, classification and government of villages, towns and cities of Alabama.

The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 187, by Mr. Weakley, of Lauderdale:

To permit municipalities in the State of Alabama having more than 2,000 inhabitants, to establish municipal courts.

The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 188, by Mr. Weakley, of Lauderdale:

To limit the indebtedness of the municipal corporations of the State.

The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 189, by Mr. Cornwell:

Providing for the levying and collecting of municipal taxes.

The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 190, by Mr. Cornwell:

To amend Article 11 of Section VII of the Constitution of Alabama.

The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 191, by Mr. Cornwell:


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To amend, alter and change Article II, Sections 1 and 2 of the Constitution of Alabama of 1875.

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

Ordinance 192, by Mr. Whiteside:

To repeal Section 38, of Article I of the present Constitution.

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

Ordinance 193, by Mr. Whiteside:

To amend Section 56 of Article IV of the Constitution.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 194, by Mr. Willett:

To require all officers authorized by this Constitution to be elected by the people of the State of Alabama.

The ordinance was referred to the Committee on Executive Department.

Ordinance 195, by Mr. Willett:

To make the directors of insolvent corporations trustees of the assets of said corporation for the benefit of all the creditors.

The ordinance was referred to the Committee on Corporations.

Ordinance 196, by Mr. Oates:

To amend Section 1 of Article XVI of the Constitution by adding thereto a proviso.

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

Ordinance 197, by Mr. Oates:

To amend Section 6 of Article V of the Constitution.

(Relates to the salary of the Governor.)

The ordinance was referred to the Committee on Executive Department.

Ordinance 198, by Mr. Espy:

To authorize railroad companies to exercise the powers of eminent domain.

The ordinance was referred to the Committee on Corporations.


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Ordinance 199, by Mr. Espy:

To define the powers of married women to contract.

The ordinance was referred to the Committee on Judiciary.

Ordinance 200, by Mr. Espy:

To regulate the establishing of stock law districts.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 201, by Mr. Williams, of Elmore:

To prohibit any change in preamble, and Article I, (Declaration of Rights) in this Constitution-Exception.

The ordinance was referred to the Committee on Executive Department.

Ordinance 202, by Mr. Wilson, of Clarke:

To amend Section 9 of Article VI of the Constitution.

The ordinance was referred to the Committee on Judiciary.

Ordinance 203, by Mr. Wilson, of Washington:

As a substitute for Section 7 of Article V. (Relates to Executive Department.)

The ordinance was referred to the Committee on Executive Department.

Ordinance 204, by Mr. Wilson, of Washington:

To amend Section 25 of Article VI. (Relates to Judiciary.)

The ordinance was referred to the Committee on Judiciary.

Ordinance 205, by Mr. Wilson, of Washington:

Be it ordained by the people of Alabama, in Convention assembled, that all State and county officers shall be elected at the same time and places by a direct vote of the qualified electors of the State.

Vacancies created by death, resignation, impeachment, removal from the State or county, or other disability, may be filled by appointment.

The ordinance was referred to the Committee on Executive Department.


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RESOLUTION 86.

Mr. Long, of Walker, moved that resolution 86,

“Whereas, a resolution making an appropriation from the State Treasury of $70 a day for a stenographic report of the proceedings of the Constitutional Convention, was passed by this body without an aye and nay vote, and

“Whereas, There are grave doubts as to the legality of such a proceeding; and

“Whereas, the stenographic report, as published, show many errors; therefore, be it

Resolved, That the President of this Convention be and he is hereby requested to immediately cancel the contract for the stenographic report, after paying all the expenses by the State connected therewith to the date of cancellation,” be recalled from the Committee on Rules, and that the rules be suspended and the resolution adopted.

The motion was ruled out of order.

Mr. Long, of Walker, gave notice that on next Wednesday he would move to recall the resolution 86 from the Committee on Rules.

STATEMENT OF THE CHAIR.

The President called the attention of the Convention to the decision he had made in regard to the motion of Mr. Grayson to reconsider the vote by which the motion to fix the time to which to adjourn had been adopted.

The President said:

“The Chair, in ruling on the point of order made against the motion of the gentleman from Madison, ruled that it would not be in order to reconsider the vote whereby this Convention decided when it adjourned it would adjourn to meet on Monday. A number of authorities have been examined on this question and the Chair has been unable to find any direct authority on it in any of the books on parliamentary law that have been accessible, but in the opinion of the Chair, it would be in the power of this Convention after it has decided


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and fixed the hour to which to adjourn, to reconsider that action if it sees fit to do so, and fix another and different time, and the Chair will reverse its ruling made this morning and recognize the gentleman from Madison.”

Mr. Grayson asked leave to withdraw his motion to reconsider, and leave was granted.

REPORTS OF STANDING COMMITTEES.

On motion of Mr. Oates, the call of the standing committees of the Convention was dispensed with.

MEMORIALS

The following memorial was presented to the Convention and read at length:

Report made May, 1901, at Convention in Montevallo, to Alabama Federation of Women’s Clubs, by Mrs. W.F. Johnston, of Anniston, chairman of Committee on Education. Unanimously adopted by the Federation.

Recognizing the deplorable necessity for education among the masses of the children of the State, and realizing that this necessity can only be met and relieved by the public schools, the Federation of Women’s Clubs of Alabama in convention assembled do resolve:

First-That the Constitutional Convention soon to be assembled in the city of Montgomery, be earnestly petitioned to declare in the organic law of the State, that no person shall be eligible to office of State or County Superintendent of Education who is not possessed of a good moral character, and who is not sufficiently qualified to stand the examination required by law of applicants for certificates as first grade teachers in the public schools of the State.

Second-That the said Constitutional Convention be petitioned to take such action as may be necessary to allow municipalities, counties and school districts within counties to secure local taxation for public schools within such territory.

Third-That the said Constitutional Convention be petitioned for such action as will provide for and require


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the erection and proper equipment of suitable and comfortable school buildings in every school district in the State, whether districts by special acts of the General Assembly or under the general school law.

Fourth-That the said Constitutional Convention be petitioned to take such action as will provide for the maintenance of a public school in each school district and neighborhood in the State for at least five months in every year.

Fifth-That said Convention be petitioned to take such action as will require every child in the State between the ages of 8 and 16 years to attend upon some school at least three months during each year.

Sixth-That these resolutions be neatly printed for presentation to members of the Constitutional Convention, and that the members of the Women’s Clubs in Montgomery be appointed a committee to present them.

On motion of Mr. Howell, the memorial was referred to the Committee on Education.

MEMORIAL FROM NEGRO CITIZENS.

The memorial from Booker T. Washington and other negro citizens was, on motion of Mr. Ashcraft, referred to the Committee on Suffrage and Elections, and also to the Committee on Education.

ADJOURNMENT.

The hour of 1 o’clock p.m. having arrived, the Convention, under the resolution heretofore adopted, adjourned until 12 o’clock Monday.