June 3, 1901.
The Convention was called to order by the President and the proceedings were opened with prayer by the Rev. Mr. Provence, as follows:
O God, our Heavenly Father, King of Kings and Lord of Lords, we come to invoke Thy blessing upon the session of this Convention today. We thank Thee that Thou art a God who cares for the interests of His people. We thank Thee that in all the affairs of life we may look to Thee for guidance, health, blessings and strength. We thank Thee for all the blessings Thou
hast given to us, that life has been so full of Thy mercy and love, that Thou hast taught us in so many ways that Thou art caring for us and that all things work together for good to them that love Thee, and we pray Thee that part of these things may be this session today, that Thy spirit may reign here, that these Thy servants who come from every quarter of our State to transact business of supreme importance to the interests of righteousness and truth and purity in our government may come realizing the great responsibility resting upon them, realizing their need of Divine health and Divine guidance. So may they come looking to Thee for that wisdom that they need. We pray Thee that they may put aside every unworthy motive, everything that would hinder them from doing the right thing and the best thing. So do Thou give them grace and wisdom. Grant that whatever is done may be in accordance with Thy will and for the promotion of Thy glory. We thank Thee for every influence that makes for righteousness, and for that elevation of life of the people of our Commonwealth. We pray Thee to strengthen all these influences and hasten the glad day when Jesus shall reign in every heart. We pray Thy blessing upon every home represented here. Be with those loved ones left behind. May Thy spirit protect and comfort and bless them as it shall protect and comfort and bless those who are here and use us all for Thy glory, and crown our efforts with Thy blessing, we ask in Jesus' name. Amen.
The roll was then called arid one hundred and six delegates responded.
MR. TAYLOE--I ask for leave of absence for Mr. Cunningham of Jefferson, and Mr. Greer and Mr. Stewart of Perry.
THE PRESIDENT--Mr. Greer already has leave of absence until Tuesday. Leave of absence is requested for Mr. Cunningham of Jefferson, and Mr. Stewart of Perry. Unless there is objection the leave will be granted.
MR. MERRILL--I ask indefinite leave of absence for Mr. Dent, who is sick. Also leave of absence today and tomorrow for Dr. Winn, on account of the death of a relative.
The leave was granted.
MR. SOLLIE--I would like to get leave of absence for myself for tomorrow.
The leave was granted.
MR. FOSTER--I ask leave of absence for Mr. Coleman of Walker for today.
MR. CORNWALL--I desire to ask indefinite leave of absence for Mr. ONeill (Jefferson).
The leave was granted.
MR. CHAPMAN--I ask leave of absence for the delegate from Choctaw, Mr. Glover, for today.
MR. KIRK--I desire leave of absence for Mr. Spragins of Madison and for Mr. Carmichael of Colbert.
The leaves were granted.
MR. WILLETT--I desire to ask leave of absence for tomorrow and next day.
MR. EYSTER--I desire leave of absence of Mr. Parker of Cullman, for today.
The leave was granted.
MR. DAVIS (DeKalb)--I desire leave of absence for Mr. Carden of Cherokee.
The leave was granted.
MR. HEAD--I desire to ask leave of absence for Mr. Davis of Etowah.
The leave was granted.
MR. JENKINS--I ask leave of absence for tomorrow and next day.
The leave was granted.
MR. WEAKLEY--I desire to ask leave of absence for Mr. Fletcher of Madison.
The leave was granted.
MR. SAMFORD--I desire to ask leave of absence for myself for tomorrow and next day.
THE CHAIR--Leave of absence is asked for by Mr. Samford of Pike. The Chair will express the hope that some of the delegates will remain with us.
The leave was granted.
MR. HODGES--I desire to ask leave of absence for Mr. Proctor for today.
The leave was granted.
in that section by mistake. It commits me to favoring a religious test as a qualification for voting, which I do not favor. It was intended to be inserted in the 11th Section of the ordinance, which prescribes the qualifications for office holders; the idea being that an officer required to take an oath should believe in the existence of the Deity whose name he invokes in the oath of office, but upon reflection and examination, I am of the opinion that the requirement is in the nature of a religious test which is forbidden by Article VI., Section 3 of the Constitution, and I therefore desire unanimous consent to strike the expression out of the ordinance.
THE PRESIDENT--Will the gentleman reduce his proposition to writing. It will be difficult for the clerks to get it correctly, unless it be in writing.
The next order of business is the Report of the Committee on the Journal.
The report of the committee was made by Mr. Wilson (Clarke), Chairman pro tem. The report being read, was adopted.
THE PRESIDENT--Under a resolution adopted by the Convention on Friday which reads: "Resolved That the reading each day of the Journal of this Convention be dispensed with unless the same is demanded by the Convention," the chair will direct the Secretary to dispense with the reading of the Journal this morning.
MR. REESE--I desire to ask for the reading of a resolution, and I ask the unanimous consent of the Convention that it be adopted.
Resolution No. 98, by Mr. Reese:
Resolved, That the privileges of the floor of this Convention be and the same are hereby extended to His Excellency, the Hon. Win. J. Samford, Governor of Alabama.
MR. REESE--I move a suspension of the rules, and that the resolution be adopted.
Upon a vote the rules were suspended and upon a further vote the resolution was unanimously adopted.
MR. CARMICHAEL (Colbert)--I desire to be recorded as being present.
THE PRESIDENT--The Chair will state that the gentleman obtained leave of absence. I suppose he wishes it revoked.
MR. CARMICHAEL (Colbert)--Yes sir.
THE PRESIDENT--The Secretary will call the roll for the introduction of ordinances, petitions, etc.
MR. PETTUS--The President has kindly yielded his call to me. I desire to offer an ordinance.
Ordinance No. 206, by Mr. Pettus:
Be it ordained by the people of Alabama in Convention assembled, That there shall be in the several counties of the State, courts of record, styled Courts of County Commissioners, to be composed of such members and elected in such manner and for such period, as is, or may be, provided by law.
Be it further ordained That the Legislature shall, by general laws, confer upon the Courts of County Commissioners of the several counties of the State, such further powers of local legislation and administration as the Legislature may from time to time deem expedient.
Referred to Committee on Local Legislation.
MR. ALLEN--I have given my call to the gentleman from Randolph, Mr. Heflin.
Resolution No. 99, by Mr. Heflin (Randolph.)
Resolved, That the Committee on Executive Department are hereby instructed to embody in its report a provision fixing the salary of the Governor of this State at a sum not less than $5,000 per annum, said sum not to be increased nor diminished during his term of office.
The resolution was referred to the Committee on Executive Department.
MR. BAREFIELD--I yield my turn to the gentleman from Dale, Mr. Sollie.
Ordinance No. 207, by Mr. Sollie:
An ordinance adding Section 29 to Article VI of the Constitution of Alabama.
Be it ordained by the people of Alabama in convention assembled, that Section 39 be and the same hereby is added to Article VI of the Constitution of Alabama, so as to read as follows:
Sec. 39. There shall be appointed by the Governor an official stenographer for each Judicial Circuit in Alabama, whose term of office shall be the same as that of judges of the Circuit Court, and whose duties, compensation and removal from office shall be fixed and provided for by the General Assembly.
Referred to the Committee on Judiciary.
THE PRESIDENT--Section 29 is probably meant, as there are only twenty?eight sections to the article in the Constitution.
MR. SOLLIE--Yes, it should be changed.
MR. BEVERS--Mr. President, I yield my call to Mr. Jenkins of Wilcox.
Ordinance No. 208, by Mr. Jenkins (Wilcox.)
To amend Section 1 of Article VIII of the Constitution, pertaining to suffrage and qualifications of voters.
Be it ordained. by the people of Alabama in convention assembled, That Section 1 of Article VIII of the Constitution be amended so as to read as follows:
Every male citizen of the United States and every male person of foreign birth, who may have legally declared his intention to become a citizen of the United States before he offers to vote, who is 21 years old or upwards, possessing the following qualifications, shall be an elector and shall be entitled to vote at any election by the people, except as hereinafter provided:
First--He shall be able to read any section of the Constitution of this State, or he shall be a foreign born male person residing here who cannot read the English language, or he shall be the owner of $300 worth of property upon which taxes have been paid, over and above the amount exempted by law from taxation, or he shall be a male person who has served this State or country in the capacity of soldier or sailor in any war since 1845, or he shall be the legitimate descendant of a soldier or sailor who has served his State or country in war since 1845; Provided, that the General Assembly, may as an additional qualification for voting, require of all citizens the payment of an annual poll tax of $2.50, which when collected must be applied exclusively to the public schools of the State; Provided further, the first General Assembly convened after the adoption of this Constitution, may designate by name, such citizens who are debarred from voting under the provisions of this article and may expressly confer upon them the right to vote if such citizens are proven to be of good character and of good standing in their respective communities. The affidavits of at least twelve reliable and responsible citizens must accompany the name of each person asking the right to vote under this provision, stating the facts of good character and good standing of the applicant.
Second--He shall have resided in the county for three months, and in the precinct or ward for thirty days immediately preceding the election at which he offers to vote ; provided, that the General Assembly may prescribe a longer or shorter residence in any precinct in any county, or in any ward, in any incorporated city or town having a population of more than 5,000 inhabitants, but in
no case to exceed three months; and, provided, that no soldier, sailor or marine in the military, or naval service of the United States shall acquire a residence by being stationed in this State.
Third--He shall have resided in the State at least one year immediately preceding the election at which he offers to vote.
Referred to Committee on Suffrage and Elections.
MR. BEDDOW--I desire to yield my call to Mr. White of Jefferson.
Ordinance No. 209, by Mr. White:
A proposition to be entitled an ordinance to regulate suffrage and election in the State of Alabama.
Be it ordained by the people of the State of Alabama, in convention assembled, that the following be substituted for Article VIII of the Constitution of Alabama:
Section 1. That every male citizen of the United States who is a citizen of Alabama, twenty-one years old, or upwards, having complied with and not being prohibited by this article from registering or voting, shall be an elector and entitled to vote at any election by the people in any State, county, district or municipal election, or any other election authorized by law when such elector shall be duly registered, when registration is required by law; and shall have resided in the election precinct or ward in which he offers to vote, for one year immediately preceding such election, and possesses either of the following qualifications:
(1) Being under forty-five years old, has contributed the sum of three dollars, and being over forty-five years old, the sum of $1.50, for the benefit of the common public schools in the township or school district in which he resides, and has paid the same to the Probate Judge of the county of his residence on or before the first day of January in A. D. 1902, and on or before the first day of January in each succeeding year thereafter, a like sum, which sum shall not be collectible by law, but if payment is not made within the prescribed time, the elector may qualify under this clause in any succeeding year, by paying on or before the first day of January of the year in which he offers to vote a like sum, for the purpose aforesaid for each year, beginning with the year 1902, and including the year in which he offers to vote.
(2) Or shall have served in the land or naval forces of the United States in any war, or in the land or naval forces of the Confederate States or of the State of Alabama in the war between the States.
Sec. 2. After the year 1910, any person not then a qualified elector of this State shall not become such unless, in addition to the qualifications hereinbefore prescribed, he is able to read and write the English language, or is prevented from doing so on account of physical disability. Provided, however, that from the time this Constitution becomes effective, any male person of foreign birth, twenty-one years old or upwards, who has legally declared his intention to become a citizen of the United States, but has not been naturalized, and who possesses the qualifications prescribed by Clause 1 of Section 1 of this article, and has resided in the election precinct or ward in which he offers to vote for one year immediately preceding said election, shall be entitled to register and vote; provided, he can read and write, but a failure to be able to read and write on account of physical infirmity shall not disqualify such person.
Sec. 3. Any person who is of unsound mind, an habitual drunkard, a vagrant, a gambler, or who has for a valuable consideration, purchased the vote or offered to purchase the vote of any elector, or who, for a valuable consideration, has sold or offered to sell his vote at any election held in this State; and all persons who have been convicted in any court organized under the laws of this State, or of any other State, or of the United States, of a felony, or who have been convicted in any court organized under the laws of this State of any offense involving moral turpitude, shall not be entitled to register or vote.
Sec. 4. Those possessing the qualifications prescribed by this article shall not be denied the right to vote, and those who do not possess the qualifications herein prescribed shall not be allowed to vote at any election by the people of this State.
Sec. 5. The General Assembly shall pass laws, not inconsistent with this article, to regulate and govern elections in this State, and all such laws shall be uniform throughout the State. The General Assembly may, when necessary, provide by law for the registration of electors throughout the State, or in any incorporated city or town thereof, and when it is so provided no person shall vote at any election unless he shall have registered as required by law.
Sec. 6. Those making payments to the probate judges under the provisions of this article, shall, at the time of making such payments, under oath state their names, ages, places of birth, and election precinct or ward in which they reside. The probate judges of the several counties of this State shall make and preserve as a record in their respective offices, an alphabetical list of those making such payments for each precinct or ward in their several counties, giving the names, ages, dates and amounts of payment, places of birth and precincts or wards in which those reside who make such payments; and shall on or before the first day of March in each and every year, make and certify a complete copy of such list to the Secretary of State, who shall file and preserve the same in his office, and shall on or before the day of any election to be held in their respective counties furnish the election officers of each precinct or ward in such county with a certified copy of the list showing payments made for such precinct or ward, and shall before
the day of any election in any city or town in their respective counties, furnish the election officers of such city or town, certified lists of those making such payments for the several precincts or wards thereof.
Sec. 7. All payments made to probate judges under the provisions of this article shall be applied exclusively to the use of the common public schools of the townships or school districts in which the person making such payments reside at the time of making the same.
Sec. 8. It shall be the duty of the General Assembly to enact adequate laws to preserve the purity of the ballot, punish violations of the election laws, to preserve order and secure to the electors the peaceful and uninterrupted discharge of their legal rights as such, and give protection against the evils arising from the use of intoxicating liquors at elections.
Sec. 9. Only persons who are qualified electors under the provisions of this article, shall be allowed to vote in any primary election or to participate in any mass meeting, convention or other method adopted for the purpose of nominating candidates of any political party or faction.
Sec. 10. It shall be the duty of the General Assembly to enact laws governing primary elections, mass meetings, conventions or other methods adopted for the purpose of nominating candidates by any political party or faction, and to punish any dishonest or unfair methods employed in the same, and to punish persons who participate therein who are not qualified electors under the provisions of this article.
MR. LONG (Walker.)--I move that the rules be suspended and that the privileges of this convention be extended to the Hon. William Richardson, member of Congress from the Eighth District of Alabama.
THE PRESIDENT--The question is upon the motion of the gentleman from Walker that the rules be suspended, all in favor--
MR. HEFLIN (Chambers)--I move that the rules be suspended and that the privileges of this floor be extended to the Hon. Hannis Taylor of Mobile also--
THE PRESIDENT--The chair has not put the other motion--
MR. HEFLIN--I move to amend--
THE PRESIDENT--The Chair thinks it is too late to amend.
The vote being taken the rules were suspended.
THE PRESIDENT--Now, it is the opinion of the Chair that the proposition is open to amendment.
MR. HEFLIN (Chambers)--I move to amend the motion by adding the name of Hon. Hannis Taylor of Mobile.
A vote being taken the amendment was carried and a further vote being taken the motion as amended was carried.
MR. HEFLIN (Randolph)--I ask unanimous consent to introduce a resolution.
The consent was given.
The resolution was read as follows:
Resolution No.100 by Mr. Bulger.
That whereas the convention on last Friday adjourned over until noon today, thereby losing Saturday one entire working day,
That whereas a session of one hour, today, is not long enough to dispose of the business of the convention.
Therefore, be it resolved, That the rules of the convention, as to the hour of adjournment, be suspended and the convention remain in session, today until 2 o'clock p. m.
MR. BULGE--I move to suspend the rules and that that resolution be put on its immediate passage.
A vote being taken the motion to suspend the rules was lost, the vote on a division being 42 yeas, 50 nays.
THE PRESIDENT--The resolution is referred to the Committee on Rules.
MR. OATES--As the convention refuses to entertain that motion, I ask leave of absence for today for Mr. Sloan.
The leave was granted.
MR. WATTS--I ask unanimous consent to introduce a resolution to be referred to the Committee on Rules.
The leave was given and the resolution was read as follows:
Resolution No.101, By Mr. Watts:
Resolved, That whenever either of the committees heretofore appointed, except the Committee on Rules, on journal, and procuring ministers, is ready to report, the chairman thereof shall hand the said report to the Secretary of the Convention, who shall cause the said report to be printed and a copy thereof placed upon the desk of each member of the convention before the said report is considered.
2. That when any such report comes up for consideration, by the convention each section or paragraph of said report shall be considered separately.
Referred to Committee on Rule.
MR. MACDONALD--I ask leave of absence for Mr. Graham of Montgomery, for today.
The leave was granted.
MR. LOCKLIN--I desire leave of absence for Mr. Morrisette for today.
The leave was granted.
MR. BULGER--I ask leave of absence for Mr. Sorrell of Tallapoosa for a week.
THE PRESIDENT--The delegate from Tallapoosa asks leave of absence for a week for Mr. Sorrell of Tallapoosa. Unless objection is made leave will be granted.
MR. OATES--I don's think any delegate ought to have leave of absence for a week in this Convention unless there is some reason given. I have heard none given, and unless given, I will object.
MR. OATES--The Chair had not announced it.
THE PRESIDENT--I think the Chair followed the custom that we have adopted here, and asked for objections. The request was stated to the Convention; the Chair called for objections, but heard none, and the Chair thereupon stated that the leave would be granted.
MR. OATES--I may be wrong about it, Mr. President, but I do think it is utterly wrong for delegates to this Convention to ask leave of absence for an entire week, without stating the reasons for it.
THE PRESIDENT--The Chair fully concurs with the gentleman from Montgomery, and only regrets the objection was not made in time.
Ordinance No. 210, by Mr. Bethune (Bullock):
To amend the preamble of the Constitution.
Be it ordained by the people of Alabama in Convention assembled, That the preamble of the Constitution be amended so as to read as follows:
We, the people of the State of Alabama, in order to establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the State of Alabama.
Referred to Committee on Preamble and Declaration of Rights.
Ordinance No. 211, by Mr. Bethune (Bullock):
To amend Section 5, of Article XIII. of the Constitution.
Be it ordained by the people of Alabama in Convention assembled, That Section 5 of Article XIII. be amended so as to read as follows:
Sec. 5. That the income arising from the Sixteenth Section fund, the surplus revenue fund, until it is called for by the United States Government, and the funds enumerated in Sections 3 and 4 of this Article, with such other monies to be not less than $300,000 per annum, as the Legislature shall provide by taxation or otherwise, shall be applied to the use, support and maintenance of the public schools, and that this fund shall be apportioned by the Superintendent of Education among the several counties of the State according to the number of children of school age in each county, and the amounts so apportioned to each county together with the poll tax shall be equitably distributed by the County Superintendent of Education among the several public schools or public districts thereof.
Referred to Committee on Education.
MR. BROOKS--Mr. President, I wish to submit an ordinance.
Ordinance No. 212, by Mr. Brooks:
To amend Section 1 of Article XI. of the Constitution.
Be it ordained by the people of Alabama in Convention assembled, That Section 1 of Article XI. of the Constitution be so amended that it shall read as follows:
All taxes levied on property in this State shall be assessed in exact proportion to the value of such property and no tax shall be levied on the unpaid purchase money of real estate, or money lent on real estate and secured by lien on the same under a mortgage, deed of trust, contract or other obligation; provided, however, the General Assembly may levy a poll tax not to exceed $1.50 on each poll which shall be applied exclusively in aid of the public school fund of the county so paying the same.
Referred to Committee on Taxation.
MR. SMITH (Mobile)--Mr. President, I desire to submit a report for the Committee on Rules.
The report was read as follows:
The Committee on Rules have considered the resolutions hereinafter mentioned, and beg leave to report in regard therto as follows
It returns Resolution No. 22 without action, and recommends that it be referred to the Committee on Education.
It reports, as a substitute for the substitute to Resolution 71, introduced by Mr. O'Neal of Lauderdale, said substitute offered by Mr. Pillans of Mobile and as a substitute for Resolution No. 85, introduced by Mr. Jones of Wilcox, the following, and recommends its adoption by the Convention:
Resolved, That it is the sense of this Convention that the several Standing Committees appointed to deal with and consider proposed amendments, changes and alterations of and additions to the present Constitution, where no change is recommended by the Committee or has been made by the Convention in any article or provision of the present Constitution, shall report said provision of the said Constitution as a part of the new Constitution, to be adopted or rejected as the Convention may determine.
Resolved, First--That ordinances having for their only purpose the re-enactment of Articles or Sections of the present Constitution shall state the subject in the caption and state the number of the Article and Section proposed to be re-enacted, but the reenacting clause need not set out in extenso the Article or Section to be re-enacted.
Second--That ordinances having for their purpose brief amendments to Sections of the present Constitution shall state the subject in the caption and state the number of the Article and Section to be amended, but the Section amended need not be set out in extenso in the ordinance offered.
It reports, as a substitute for Resolution No. 95, introduced by Mr. Pettus of Limestone, the following, and recommends its adoption by the Convention:
Resolved, That the Secretary, with the approval of the President 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 Committee returns herewith to the Convention the resolutions hereinabove referred to.
MR. SMITH (Mobile.)--I move the adoption of the report.
The motion was carried and the report adopted.
Mr. Browne, Ordinance 213:
Whereas, There is no provision of the Constitution of the United States which requires a State to maintain a system of public education for the children thereof, or prohibits such State from reasonable discrimination between the races in the matter of education, by the appropriation of educational funds between them in proportion to the amounts thereof derived from the taxes paid, by the respective races; and,
Whereas, The State of Alabama, together with other Southern States, has, by its constitutional provision requiring a distribution of its educational funds for the equal benefit of both races, without regard to the fact that such funds contributed almost entirely by the white race, displayed an unselfish and generous regard for the welfare of the most humble, ignorant and non-tax paying race within its borders, for whose unfortunate condition it is in no wise responsible, which challenges the admiration of civilization; and, whereas the duty of maintaining and upholding those civil and social institutions, and those principals of republican government, which have made our country a brilliant star in the political firmament of nations, constitutes the "white man's burden" in Alabama; and, Whereas, By reason of such facts, and the greater and more advanced moral development of the white race, the children thereof require and are entitled to greater educational facilities than is possible under a system which requires that every dollar of education paid by such race shall be equally divided with, and expended for, the children of a non-tax paying race; and,
Whereas, it would be an ungenerous act for the State to withdraw from such ignorant and unfortunate race that support which its generosity has prompted it to grant; and,
Whereas, There is no reason, political or moral, why the white tax paying race should not have the opportunity, through governmental agencies, to make voluntary contributions, in addition to the general educational funds of the State, and within the present constitutional limits of taxation, for the support of separate schools for their own children..
Therefore, be it ordained by the people of Alabama, in convention assembled, That Sections five (5) and seven (7) of Article XI of the Constitution of Alabama be and they are hereby amended to read as follows:
Section 5. No county in this State shall be authorized to levy a larger rate of taxation in any one year, on the value of the taxable property therein than one-half of one per centum; provided, that to pay debts existing at the ratification of this Constitution an additional rate of one-fourth of one percentum may be levied and collected, which shall be exclusively appropriated to the payment of such debts, or the interest thereon; provided, further, that to pay any debt or liability now existing against any county, incurred for the erection of the necessary public buildings, or other ordinary county purposes, or that any hereafter be created for the erection of necessary public buildings, roads or bridges, or maintaining its public schools, any county may levy and collect such special taxes as may have been or may hereafter be authorized by law, which taxes so levied and collected shall be applied exclusively to the purposes for which the same shall have been levied and collected; provided, the rate of any special tax for public roads or for maintaining public schools, the number of years it shall continue and purposes thereof shall have been first submitted to a vote of the property taxpayers of the county, who are qualified electors therein, and shall have been voted for by a majority thereof in numbers, and in value of taxable property, voting at such election; provided, further that any such
special tax for the maintenance of public schools or construction of public roads, may only be levied and collected when it shall not cause a greater rate of taxation than the sum of $1.25 on the $100 of taxable property for all State and county purposes, except the erection of necessary public buildings or bridges; provided, further, that such special tax for public schools shall be appropriated for the benefit of the children of the white race and those of African descent, in proportion as the same shall be derived from taxation of the property owners or held by the two races respectively.
Sec. 7. No city, town or other municipal corporation, other than provided for in this article shall levy or collect a larger rate of taxation, in any one year, on the property thereof, than one-half of one per centum of the value of such property, assessed for State taxation during the preceding year; provided, any such city, town or other municipal corporation may levy and collect such special tax as may be authorized by law for the maintenance of public schools; provided, the same may be so levied and collected when it shall not cause a greater rate of taxation than $1.75 on the $100 of taxable property, for all State, county and municipal purposes, except the erection by counties of necessary public bridges and buildings; and provided, the rate of such special tax, the number of years it shall continue and the purpose thereof, shall have been first submitted to a vote of the property taxpayers of such city, town or other municipal corporation, who are qualified electors therein, and voted for by a majority thereof in numbers, and in value of taxable property voting at such election; provided, that for the payment of debts existing at the time of the ratification of the Constitution of 1875, and interest thereon, an additional rate of one per centum may be collected, to be applied exclusively to such indebtedness. and, provided, this section shall not apply to the city of Mobile, which city may levy a tax not to exceed the rate of three-fourths of one per centum to pay the indebtedness of said city existing at the time of the ratification of the Constitution of 1875, and interest thereon; provided, further, that this section shall not apply to the city of Birmingham, which city may levy and collect a tax not exceeding one-half of one per centum in addition to the tax of one-half of one per centum hereinabove allowed, to be levied and collected, such special tax to be applied exclusively to the payment of the interest on the bonds of said city of Birmingham heretofore issued by said city in pursuance of law, and for a sinking fund to pay off said bonds at the maturity thereof.
Referred to Committee on Taxation.
MR. HENDERSON--I ask unanimous consent to introduce a resolution, and that it be referred to the Committee on Rules.
The Chair asked if there was any objection; there being none, the resolution was read:
Resolution No. 102, by Mr. Henderson.
Resolved, That hereafter no member of this convention shall yield his call for the purpose of introducing resolutions and ordinances to any other member, nor shall any other member on the call of his name introduce resolutions or ordinances in the
name of any other member where such other member answered to his name on roll call on any day's session of this convention.
MR. CARMICHAEL (Coffee)--Mr. President,---
MR. BROWNE--I rise to a point of order---
THE PRESIDENT--Mr. Browne introduced an ordinance and the Secretary omitted to call it to the attention of the Chair. The Secretary will read it.
Ordinance No. 214 by Mr. Browne:
Regulating the right to vote.
After the ratification of this Constitution, no one shall be allowed to vote in any election, State, county or municipal, held within this State, who shall not be a male citizen thereof, or, being a foreigner, has legally declared his intention of becoming a citizen thereof, over the age of 21 years, and who shall not possess the qualifications of being able to read and write, unless prevented by physical infirmity alone; provided such qualifications of reading and writing, shall not apply to persons who have served the United States, any State thereof or the Confederate States as a soldier, in any war, nor to any descendent of such soldier or sailor who shall be over the age of 15 years at the time of the ratification of this Constitution.
Referred to Committee on Suffrage and Election.
MR. CARMICHAEL (Coffee.)--This being a legal holiday in this State, I move that this convention do now adjourn, in honor of the memory of Jefferson Davis, the President of the Confederacy.
THE PRESIDENT--The gentleman moves that this convention do now adjourn in honor of the memory of Jefferson Davis--
MR. JONES (Montgomery)--Mr. President, I think we can best honor Mr. Jefferson Davis, and we all do his memory reverence--
MR. REESE--I rise to a point of order. A motion to adjourn is not debatable.
MR. JONES (Montgomery)--The point is well taken.
MR. deGRAFFENREID--The gentleman is out of order, because the hour for adjournment has arrived, and the convention stands adjourned.
THE CHAIR--Before declaring the convention adjourned, the Chair is requested to make some announcements.
After reading of the announcements, the convention adjourned until tomorrow morning at 10 o'clock.