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ELEVENTH DAY
___________

                                                                                                                                MONTGOMERY, ALA.,
                                                                                                                                Tuesday, June 4th, 1901.

     The Convention was called to order by the President, and the proceedings were opened with prayer by the Rev. Mr. Provence, as follows:

     We come to Thee again, Lord of Heaven and Earth, our Heavenly Father. We invoke Thy blessing upon this day's work. We thank Thee for the assurances of Thy care; we thank Thee that Thou hast protected us through the dangers of another night, and brought us together in health and strength again to take up today's duties and today's work. We would not enter upon any path in life without asking Thy help and Thy guidance. So we come to Thee, praying that Thou wouldst direct us in all that we do. Let Thy blessing be upon every act of this Convention. Guide all the committees in their deliberations. Help them to do the right and wise thing; help them to devise plans that shall be for the upbuilding of our State, for its prosperity, not merely material but moral and spiritual. May Thy presence be felt in the heart of each member of this Convention. We pray Thy blessing upon the homes that are represented here; from many and many a place there come representatives to take up this work and to devise laws that shall be for the governing of our State and for the advancement of its interests. We pray Thee to bless those homes; may Thy holy spirit abide with them; may the interests of righteousness, truth and peace be promoted in those homes and here. Guide us all, for Thy glory and use us all for Thy service, for Jesus's sake, Amen.

      The roll was then called and one hundred and sixteen delegates responded.

     MR. BROWNE--I desire to ask leave of absence for Mr. Graham of Talladega, for yesterday and today. I was requested on last Friday to ask leave yesterday, but the House adjourned in such short order that I did not get the opportunity. I also desire to ask leave of absence for Mr. Graham of Montgomery for today, on account of being engaged in an important case in Court.

     The leaves were granted.

     MR. DUKE--I ask leave of absence for today for Mr. Heflin of Chambers.

     The leave was granted.


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     MR. BAREFIELD--I ask leave of absence for Mr. Morrisette for today on account of sickness.

     The leave was granted.

     MR. TAYLOE--Mr. Cunningham of Jefferson, expected to get back this morning and left word to ask leave of absence for today if he was detained on business.

     The leave was granted.

     MR. COLEMAN (Greene)--Under the rules governing this Convention, the members of the several committees are required to be present during the sittings of the Convention. I desire permission for the Committee on Suffrage and Elections to be excused from attending tomorrow's session. We meet at 9 o'clock and one hour does not give us time to accomplish anything for the advancement of our work. We ask to be excused in order that we may proceed tomorrow with a longer session.

     The permission was unanimously granted and the Committee excused from attendance upon tomorrow's session of the Convention.

     THE PRESIDENT--The next order of business will be the report of the Committee on the Journal.

     The report was read and on motion adopted. It reported finding the journal correct.

     THE PRESIDENT--The Secretary will call the roll of delegates beginning where he left off on yesterday, for the introduction of ordinances, etc.

     MR. deGRAFFENREID--I rise to a point of inquiry.

     THE PRESIDENT--The gentleman will state the question.

     MR. deGRAFFENREID--I have forgotten, when it was but it has been some time since, the House ordered the printing of the various standing committees, and the report of the Committee on Rules, with the rules that would govern the body. I have never seen them. I rise to ascertain whether or not that order has been complied with.

     MR. BURNETT--Mr. President, I have the rules here.

     THE PRESIDENT--The Chair is informed that the rules contained the list of the standing committees, and that they have been placed in the hands of the Doorkeeper to be placed on the desks of the members.

     MR. deGRAFFENREID--Since I made the inquiry one has been placed on my desk.

     The Secretary proceeded with the call of the roll.


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     Ordinance No. 215, by Mr. Bulger:

     An ordinance to provide for the election of the officers of this State by the people, and to limit the terms of the same.

     Be it ordained by the people of Alabama, in convention assembled.

ARTICLE ------.

     Sec. 1. That all officers of this State, both State and county, who draw a salary, or who by virtue of their offices, receive fees, shall be elected by the people.

     Sec. 2. That all officers who are elected by the people shall hold their offices for a term of four years, and shall be ineligible to a re-election to the first succeeding term; provided, that Section 1 of this article shall not apply to officers of the military nor to clerks to the different departments of the State and county government; and, provided further, that Section 2 of this article shall not apply to Judges of the Supreme Court, Judges of the Circuit Courts, and Chancellors.

     Referred to Committee on Executive Department.

     Ordinance No. 216, by Mr. Burnett.

     An ordinance to amend Section 35 of Article I of the Constitution.

     Be it ordained by the people of Alabama, in convention assembled, That Section 35 of Article I, of the Constitution be amended by striking out the whole of the said section and inserting in lieu the following:

     Sec. 35. The Federal Union is composed of separate, independent sovereign States, and from the Federal Union there can be no secession of any State.

     Referred to Committee on Preamble and Declaration of Rights.

     Ordinance No. 217, by Mr. Burns:

     An ordinance to limit the authority of the proper officials.

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

     Section 1. That no official shall grant, or issue to any female, under the age of sixteen (16) years a license to marry.

     Sec. 2. That the General Assembly shall enact laws to prohibit and punish males from having carnal knowledge of females under the age of sixteen years.

     Referred to Judiciary Committee.


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     Ordinance No. 218, by Mr. Burns:

     To regulate the establishment of charitable, educational or agricultural institution.

     Be it ordained by the people of Alabama, That no charitable, educational or agricultural institution, other than those State istitutions now in existence, or provided for in this Constitution, shall be established by this State; except upon a vote of two-thirds of each house of the General Assembly.

     Referred to Committee on Education.

     Ordinance No. 219, by Mr. Burns:

     To prohibit the fixing of prices or hours for laborers.

     Section 1. The General Assembly shall not enact any law by which the prices for manual labor or the number of hours per day such labor shall be performed.

     Sec. 2. The General Assembly may enact laws for the protection, regulation or prohibition of child labor.

     Referred to Committee on Corporations.

     Mr. Byars yielded his turn to Mr. Knight.

     Ordinance No. 220, by Mr. Knight.

     An ordinance to amend Section 3 of Article VIII of the Constitution of Alabama.

     Be it ordained by the people of Alabama, in convention assembled, That Section 3 of Article VIII be amended so as to read as follows:

     Sec. 3. The following classes shall not be permitted to register, vote or hold office:

     First--Those who shall have been convicted of treason, embezzlement, malfeasance in office, larceny, bribery or other crime punishable by imprisonment in the penitentiary, or assault and battery on the wife.

     Second--Those who are idiots or insane.

     Referred to Committee on Suffrage and Elections.

     Ordinance No. 221, by Mr. Cardon:

     Be it ordained by the people of the State of Alabama in convention assembled; That Section 1 of Article IV of the present Constitution be so amended as to read as follows:


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ARTICLE IV.

     Legislative Department.

     Section 1. The legislative power of this State shall be vested in a General Assembly which shall consist of a Senate and House of Representatives. Provided, That such General Assembly may authorize the Board of County Commissioners of any county, to put up orders, in the nature of legislative enactments, and under such directions, restrictions and regulations as the General Assembly may deem necessary and sufficient, covering the demands and meeting the requirements of any such county or part thereof. And provided further, that no order as above authorized shall be in conflict with any general law of the State of Alabama.

     Referred to Committee on Local Legislation.

     Ordinance 222, by Mr. Cardon:

     Be it ordained by the people of the State of Alabama in Convention assembled; That, Section 1 of Article VI of the present Constitution be so amended as to read as follows:

ARTICLE VI.

     Judicial Department.

     Section 1. The judicial power of the State shall be vested in the Senate sitting as a court of impeachment, a Supreme Court and such other inferior courts of law and equity as the General Assembly may from time to time establish, and such persons as may be by law invested with powers of a judicial nature, Provided that the officers presiding over any such inferior court, if the same be a court of record, shall be learned in the law and shall have been a resident, within the territory of the jurisdiction of such county, for a period of one year next preceding his induction into his office.

     Referred to Committee on Judiciary.

     Ordinance No. 223 by Mr. Carmichael (Coffee).

     An ordinance to regulate the amount of money which may be expended by the State for the support of State institutions of learning.

     Be it ordained by the people of Alabama in convention assembled, That a new section be added to Article XIII, to read as follows:

     Section -- The General Assembly shall not establish any new State institution of learning, nor appropriate a greater amount to any State institution of learning already established than was appropriated to said schools by the General Assembly of 1900 and


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1901 ; Provided, that when the amount appropriated for the maintenance of the common schools exceeds $3 per capita according to the latest school census, the provisions of this section nay be suspended by a two-thirds vote of the General Assembly for such period as the amount appropriated to the common schools is in excess of $3 per capita.

     Referred to the Committee on Education.

     Ordinance No. 224, by Mr. Carnathan.

     Be it ordained by the people of Alabama in convention assembled; That the General Assembly, Boards of Revenue, or Courts of County Commissioners, shall not establish any district in which live stock shall be prohibited from running at large, unless a majority of the land owners (in fee simple) resident and non-resident in the district proposed to be established so desire. The same to be expressed in an election to be held in a manner prescribed by law.

     Referred to Committee on Local Legislation.

     Ordinance No. 225, by Mr. Carnathan.

     Be it ordained by the people of the State of Alabama in convention assembled that Section 25 of Article VI of the present constitution be and the same is hereby amended; so as to read as follows:

     A solicitor for each judicial circuit shall be elected by the qualified electors of said judicial circuit, who shall be learned in the law and who shall, at the time of his election and during his continuance in office reside in the circuit for which he is chosen and whose term of office shall be for six years.

     Second--A solicitor for each county shall be elected by the qualified electors of the county for which he is chosen, who shall at the time of his election and during his continuance in office reside in said county and whose term of office shall be for six years.

     Third--A solicitor for each city court now established or to be hereafter establshed by law, shall be elected by the qualified electors of the city or county over which the court for which he is elected has jurisdiction, who shall at the time of his election and during his continuance in office reside in said city, and whose term of office shall be for six years.

     Fourth--That vacancies created by death, resignation, impeachment, removal from circuit; county or city, or other disability, shall be filled by selection of the qualified electors of the circuit, county or city, affected thereby.

     Referred to the Committee on Judiciary.


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     Resolution 103 by Mr. Case:

     Whereas, It is truthfully said: "If we would see the foundation laid broadly and deeply on which the fabric of this country's liberties shall rest to the remotest generation, if we would see her carry forward the work of political reformation, and rise the bright and morning star of freedom over a benighted word, let us elevate the intellectual and moral character of every class of our citizens; and, most especially let us imbue them thoroughly with the principles of the gospel of Jesus Christ," but how shall we accomplish such reformation for the negro if we afford him no opportunity scarcely for literary culture, thus depriving him of chances for an education, as it were, to a great extent? Such will not only discourage him, but, like an enemy, will turn to injure the white man, because all observation has clearly demonstrated the more any men are enlightened to comprehend virtue, that less likely they are to perpetuate crime, and the better citizens they make.

     And, whereas, Several ordinances have been introduced, in this Convention, providing for an unequal distribution of the public school funds of the State between the white students and those of the colored children, and being of the opinion such ordinances are contrary to the spirit of the Federal Constitution, taking into consideration the language of the Fourteenth Amendment to the same, as follows: "No State shall make or enforce any law which shall deny to any person within its jurisdiction the equal protection of the laws." Therefore be it

     Resolved, That the Judiciary Committee is hereby respectfully requested at its earliest convenience, to bring in a report stating whether or not such discrimination, as aforesaid, is in violation of the Federal Constitution.

     Referred to Judiciary Committee.

     MR. LONG (Walker)--Mr. President, I would suggest that that go to the Supreme Court.

     MR. CASE--Mr. President, I think it should be referred to Mr. Long--I will withdraw the resolution, Mr. President.

     THE PRESIDENT--The ordinance has already been referred to the Judiciary Committee.

     MR. ROGERS (Sumter)--I have a resolution I desire to offer, and ask unanimous consent for its consideration.

     Resolution No. 104, by Mr. Rogers (Sumter):

     Resolved, That whereas, the resolution of the Convention, adopted at an early date its organization that there should be printed for the use and benefit of the delegates, the Constitutions of several designated States, bearing upon the question of suffrage;


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and, whereas, the material for such printing was promptly supplied, and whereas, up to this time said resolution has not been complied with,

     Resolved, That the Committee on Schedule, Printing and Incidental Expenses, be instructed not to pay for any such printing, unless, after examination, it be ascertained that the delay was absolutely unavoidable.

     Referred to Committee on Schedule, Printing and Incidental expenses.

     MR. CHAPMAN--As the ordinances I send to the Clerk's desk purport to amend Article IV. of the Constitution, Legislative Department, I ask that they be referred to the Committee on Legislative Department.

     Ordinance No. 226, by Mr. Chapman:

     Be it ordained by the people of Alabama in Convention assembled, That Section thirty-one (31) of Article four (IV.) of the Constitution, be amended so as to read as follows, to wit:

     Sec. 31. All bills for raising revenue shall originate in the House of Representatives, but the Governor, Auditor, Treasurer and Attorney General shall, before each regular session of the General Assembly, prepare a general revenue bill to be submitted to the General Assembly for its action, and the Secretary of State shall have printed for the use of the General Assembly a sufficient number of copies of the bill to be so prepared, and the Governor shall transmit a copy thereof to the House of Representatives, as soon as it is organized. The Senate may propose amendments to revenue bill.

     Referred to Committee on Legislative Department.

     Ordinance No. 227, by Mr. Chapman:

     Be it ordained by the people of Alabama in Convention assembled, That Article IV. of the Constitution be amended by adding thereto the following Section, viz:

     Sec. 57. The General Assembly during every regular session thereof, shall not have power to make appropriations to such an amount as that the aggregate of all appropriations made during the session shall exceed the amount which has been paid into the Treasury of the State during the last preceding fiscal year.

     Referred to Committee on Legislative Department.

     Ordinance No. 228, by Mr. Chapman:

     Be it ordained by the people of Alabama in Convention assembled, That Article four (IV) of the Constitution be amended by adding thereto the following Section, viz:


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     Sec. 57. The General Assembly during any regular session thereof shall not have power to make appropriations to such an amount as that the aggregate of all appropriations made during the session shall exceed the amount of the estimated income during the current fiscal year from the revenue of the State for the current fiscal year as estimated by the Governor, Auditor and Treasurer of the State.

     Referred to Committee on Legislative Department.

     Ordinance No. 229 by Mr. Cofer:

     An ordinance to be entitled an ordinance to encourage immigration to the State of Alabama.

     Be it ordained by the people of Alabama in Convention assembled, That immigration shall be encouraged and shall not be prohibited; that no citizen shall be exiled and that the General Assembly of this State shall pass such laws necessary to encourage immigration to this State and protect the citizens of this State in their public and private rights.

     Referred to Committee on Miscellaneous Revisions.

     Ordinance No. 230, by Mr. Cofer:

     An ordinance to be entitled an ordinance to amend Section 1 of Article XIII of the Constitution of the State of Alabama.

     Be it ordained by the people of Alabama, in convention assembled, That Section 1 of Article XIII of the Constitution of the State of Alabama be amended so as to read as follows:

     Section 1. A general diffusion of knowledge being essential to the preservation of the rights of the people and the liberties of the citizens, public schools and the means of education shall be forever encouraged in this State; and the General Assembly of this State shall provide a thorough and efficient system of free schools in this State, whereby all the children of this State may receive a good common school education.

     Referred to the Committee on Education.

     Ordinance No. 231, by Mr. Cofer:

     An ordinance to be entitled an ordinance to regulate the representation of the counties of the State of Alabama.

     Be it ordained by the people of the State of Alabama, in convention assembled, That the Representatives in the General Assembly of the State of Alabama shall be apportioned among the several counties of this State according to their respective numbers, counting the whole number of persons in each county. But when the right to vote at any election, authorized under the Constitution or laws of the State of Alabama, is denied to any of the male inhabitants


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of such county being 21 years of age and citizens of the United States or in any way abridged, except for the participation in rebellion or the commission of infamous crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens 21 years of age in such county. Provided, further, that the members of the State Senate shall be elected from Senatorial Districts established upon the basis of representation herein prescribed and above set out and defined.

     Referred to Committee on Representation.

     Ordinance No. 232, by Mr. Cofer:

     An ordinance to be entitled an ordinance to regulate the apportionment and appropriation of the school funds of the State to the common public schools of the State.

     Be it ordained by the people of the State of Alabama, in convention assembled, That all lands or other property given by individuals, unless otherwise expressed in the donation or appropriated by the State of educational purposes and all estates of deceased persons who die without leaving a will or heir or heirs, and all taxes levied for school purposes, or portion of the general funds of the State which may hereafter be appropriated, shall be appropriated for the equal benefit of the children of the State between the ages of 7 and 18 years of age, attending the common schools of the State, and that said appropriations shall be made so as to operate upon and in favor of all alike without special local rights or benefits, privileges or burdens; and no appropriations shall be made to any special or favorite class or children of special localities, except upon an exact and equal basis and upon the same ratio or proportion as made to all the children in the State.

     Referred to Committee on Education.

     Ordinance No. 233, by Mr. Craig:

     To amend the Constitution of Alabama by an additional "Article."

     Be it ordained by the people of Alabama, in convention assembled, That the Constitution of Alabama be amended by adding thereto the following article:

     Section 1. The General Assembly is invested with power to enact laws, and is required to provide the same, for the prevention and punishment of "lynching," or death or bodily harm to persons who are not then actually engaged in the perpetration of some infamous crime, by combinations of persons in mobs, or by the concerted action of five or more persons; and,


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     (2) To present and suppress riots; routs and assemblies that endanger, threaten or disturb the public peace and safety; and,

     (3) To prevent and punish conspiracies or agreements between two or more persons or their concerted action to prevent any prison or association of people from the full and free right to engage in any lawful pursuit, service, employment or work; and,

     (4) To incorporate labor unions and associations, with authority to limit the hours of work, by day or by night, that those persons, of lawful age who shall voluntarily become members thereof shall be required, or permitted, to perform under contract or agreement with any person, corporation or government.

     Sec. 2. The General Assembly is empowered and required to enact laws to prevent the employment of children under twelve years of age- in any factory or work-shop by any person other than a parent, or the duly and lawfully appointed custodian of the person of such child ; and to prevent any person from employing any child within the school age for more than eight months in any calendar year, in any factory or work-shop.

     Sec. 3. The General Assembly is empowered and required to enact laws to prohibit and punish all trust agreements, and all associations or combinations or concerted action of persons or corporations for the purpose of controlling the prices of labor, or of employment in any work, business or vocation, and the rates of freight or fares on any railroad or by common carriers or on telegraph or telephone lines, or the control of the rates of premium by insurance companies, or companies that loan money or credit, or the rates of charges of warehouse men, or by dealers in stocks or bonds, unless such persons, associations, or corporations are expressly authorized by act of the Legislature to enter into such trust agreements, associations, concerted action, or combinations.

     Referred to Committee on Legislative Department.

     Ordinance No. 234, by Mr. Craig:

     To amend Sections 1 and 2 of Article I of the Constitution of Alabama.

     Be it ordained by the people of Alabama in Convention assembled: That Sections 1 and 2 of Article I of the Constitution of Alabama be amended so as to read as follows, to wit:

     Section 1. That all men are endowed by their Creator with certain inalienable rights; that among these are life, liberty and the pursuits of happiness.

     Sec. 2. That all persons resident in this State, born in the United States, or naturalized; or who have legally declared their


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intention to become citizens of the United States, are hereby declared to be citizens of the State of Alabama.

     Referred to Committee on Preamble and Declaration of Rights.

     MR. BROOKS--I have been requested to ask leave for the delegate from Montgomery, Mr. Macdonald, who is unavoidably detained in the Supreme Court. This request would have been made earlier but he expected to be here before this time.

     The leave was granted.

     Ordinance No. 235, by Mr. Craig:

     To amend Section 1, Article X of the Constitution of Alabama.

     Be it ordained by the people of Alabama in Convention assembled: That Sections 1 and 2 of Article X of the Constitution of Alabama be amended so as to read as follows, to wit:

     Section 1. The personal property of any resident of this State to the value of two (2) thousand dollars, to be selected by such resident shall be exempted from sale on execution, or other process of any court issued for the collection of any debt contracted since the 13th day of July, 1868, or after the ratification of this Constitution.

     Sec. 2. That every homestead, not exceeding one hundred and sixty acres and the dwelling and appurtenances thereon, to be selected by the owner thereof and not in any city or town or village, or in lieu thereof at the option of the owner, any lot in the city, town or village with the dwelling and appurtenances thereon, owned by any resident of this State and not exceeding the value of two thousand five hundred dollars, shall be exempt from sale on execution or any other process of any court and from administration for the payment of any debt contracted since the thirteenth day of July, 1868, and after the ratification of this Constitution and in any selection of any homestead in any city, town or village, such exemption must be rendered with reference to value, and may extend to one or more lots, and such lots need not be contiguous to each other. Such exemptions, however, shall not extend to any mortgage lawfully obtained, but such mortgage or other alienation of such homestead; by the owner thereof, if a married man, shall not be valid without the voluntary signature and assent of the wife to the same. The title to any such homestead shall vest absolutely in the widow and minor children or either of any deceased husband or father.

     Referred to Committee on Exemptions.

     Ordinance No. 236, by Mr. Craig:


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     An ordinance to amend Section 15 of Article VI of the Constitution of Alabama.

     Be it ordained by the people of Alabama in Convention assembled, that Section 15 of Article VI of the Constitution of Alabama be amended so as to read as follows, to wit:

     Section 15. The Chief Justice and Associate Justices of the Supreme Court, Circuit Judges, Chancellors and probate judges shall hold office for the term of eight years and until their successors are elected or appointed and qualified; and the rights of such judges and Chancellors to hold their offices for the full term hereby prescribed shall not be affected by any change hereafter make by law in any circuit, division or County in the mode or time of election; but no such Judge or Chancellor shall be eligible to election so as to succeed himself until after the lapse of one entire term of eight years.

     Referred to Judiciary Committee.

     Ordinance No. 237, by Mr. Craig:

     An ordinance to prescribe the mode and manner in and by which the Governor of this State may exercise the appointing power to office in this State.

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

     Section 1. That the General Assembly of this State shall have no power to create any office in this State and confer upon the Governor the appointing power to fill such office or offices; but such office or offices so created shall be filled in the first instances by an election to be ordered and held for that purpose; provided, however, that should the necessity arise for the immediate filling of any such office or offices, the Governor may appoint such office, but such appointment shall be for a period not exceeding sixty days.

     Section 2. Be it further ordained, That it shall be the duty of the General Assembly to provide for elections to be held not less than twenty nor more than sixty days from the date of the act creating such office or offices, such elections if State offices, to be held over the entire State, and if local such election to be held in the locality, circuit, district or municipality for which said office or offices are created.

     Referred to Committee on Executive Department.

     Ordinance 238, by Mr. Craig:

     An ordinance to regulate suffrage in this State.

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


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     Section 1. That all white females residing in this State, over the age of 21 years are hereby declared to be qualified voters under the Constitution and laws of this State; possessing the same rights, qualifications and powers and privileges as male voters, and governed by the same election laws.

     Referred to Committee on Suffrage and Elections.

     MR. DAVIS (DeKalb)?I introduce a memorial by request, in connection with Ordinance No. 170.

     Memorial in connection with ordinance No. 170:

     To the Honorable, the Constitutional Convention of the State of Alabama:

     With the view of protesting against any interference by your honorable body with the act approved March 5th, 1901, removing the county seat of Shelby County from Columbiana to Calera, and in answer to the "memorial" accompanying the introduction of Ordinance No.170 into the convention, which ordinance is now in the hands of the Committee on State and County Boundaries, we beg leave to respectfully submit the following:

     The location of the county seat of Shelby County has been a bone of contention between the advocates of Columbiana and Calera for the past twenty years. In 1894 (not 1895 as set forth in said memorial) an election was held in the county upon the question, but the law under which it was held failed to provide for a contest or to provide any safe guards against fraud, and the Columbiana advocates being in absolute control of the election machinery they took advantage of the weakness of the law and most unmercifully counted Calera out by all sorts of frauds, such as importing voters, stuffed ballot boxes, and throwing out boxes which were favorable to Calera.

     In 1899 an act was passed by the General Assembly--over the opposition of the Columbiana advocates--permitting another election on the question within four years from the passage of said act. This act was well guarded against frauds, particularly the frauds perpetrated in the former election, but it failed to expressly provide that no step should be taken in the meantime to build a new court house at Columbiana. No one supposed that any such effort would be made as it was clearly against the spirit of the last session of the General Assembly the fact came to the knowledge of the Senator and Representative from Shelby County that there was a well defined plan on foot to forestall the election law in force by quietly arranging for the erection of new county buildings at Columbiana as soon as the legislature should adjourn. Upon receiving this information, the correctness of which they did not then and do not now doubt, the Senator and Representatives consulted over the matter and being satisfied that a majority of the people of the county favored Calera as the county seat, they decided to introduce and pass a bill removing the county seat from Columbiana to Calera and proceeded to do so. The bill was regularly introduced, read once by its caption and referred to the Committee on Counties and County Boundaries at the afternoon session of February 26th, the forty-fifth day of the session; on the next day it was reported, read second time and placed


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on the House calendar, and on the next day it was, after due notice, called up and put upon its passage, being read third time, and was duly passed by the house. It was sent forthwith to the Senate, as other bills passed at that stage, without engrossment. In the Senate it was read first time and referred to the Committee on Corporations. February 28th the two houses adjourned over to March 2nd, when the bill was reported favorably by the committee, read second time, and placed on the Senate calendar. The two houses again recessed from March 2nd to March 5th, when the bill was called up, read third time and passed at the afternoon session. Later on the same day it was signed by the presiding officers of the two houses in the presence of their respective houses, after its title had been publicly read and the fact entered on the journal. It received executive approval the same day.

     It will be seen that the bill went upon the House calendar on February 26th, seven days before the final adjournment of the legislature and that the wholesale aspersions attempted to be cast upon all persons connected with the passage of the bill are without any foundation in fact. While the "Citizens Committee" of Columbiana indulge in much extravagant language touching the passage of the bill, they seem to rely upon the absence of recollection on the part of certain members of the House and upon such want of recollection to base their wholesale charges of fraud.

     Among all the letters claimed to have been received from members of the House by the "Citizens Committee," the letter of Mr. Striplin seems to be regarded as alone worth publication Mr. Striplin says: "I don't remember one thing about it." All else that he says is merest conjecture .

     The representative states positively that he carried this identical bill with the identical cover now on it to Mr. Striplin, together with a note from Senator Oliver asking its favorable consideration and that he, the representative, saw Mr. Striplin go to members of the committee with the bill in his hand and procure their signatures on the back of the bill with a favorable report.

     The removal act, which carefully guards the interests of the county, limits the issue of bonds to $30,000 and the rate of interest to 5 per cent. And requires the redemption of $2,000 of the principal each year by lot at a premium of 5 per cent, thus paying off the bonds with the specified levy of one-eighth of 1 per cent in the fifteen years or less according to the amount issued. So that the indebtedness which may be placed on the county is little more than half the amount estimated by the "Citizens Committee" of Columbiana.

     As to the location of Calera, it is far more accessible to a majority of the people of the county than Columbiana, because of the fact that it has railroads leaving it in five different directions, and touching every precinct in the county with the exception of two. Columbiana is far from the geographical centre of the county and still farther from the centre of population in point of accessibility. A glance at the map will aid in demonstrating these facts.


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     The Senator and Representative emphatically denies that they "had assured the people of the county that they would not introduce any legislation pertaining to the court house." They were not pledged on the question of the removal of the county seat, nor was it an issue in the campaign.

     Touching the alleged action of political parties in Shelby County, it is denied that the action taken by certain persons claiming to represent the Democratic and Populist parties at Columbiana was representative of these parties in the county. There was not a quorum of the precincts represented in either case. Nor was the result of the election with the advocates of Columbiana in charge of the machinery any reliable index to the will of the people in regard to the court house question. Moreover, the advocates of Calera do not understand that the subject is one of which the Constitutional Convention will take cognizance.

     The advocates of Columbiana have resorted to all possible litigation to strike down the removal act and the question of its validity is now before the Supreme Court, where a decision will no doubt be rendered at an early day.

     Wherefore, and for various other reasons, we respectfully submit that it is wholly inexpedient for this honorable body to undertake to nullify said removal act.

                                                                                                               Respectfully submitted,

                                                                                                              W. R. Oliver,

                                                                                                            Senator from Shelby County,

                                                                                                                 G. B. Deens.

                                                                                                            Representative from Shelby County.

     State and Counties Boundaries.

     MR. LONG (Walker)--I desire to move that this Convention declare that resolution, and all other resolutions relating to the Shelby County Court House, cut of order and in the wrong court.

     MR. REESE--Mr. President, I make the point of order that that should be referred to the same committee as the other memorial on the same subject.

     THE PRESIDENT--Except by suspension of the rules this memorial will be referred to the Committee on State and County Boundaries. Does the gentleman move to suspend the rules?

     MR. LONG (Walker)--No, I do not move to suspend the rules, but I think a majority of this Convention certainly have the right to declare resolutions out of order, and that was my motion, that this resolution and all resolutions relating to the Shelby County Court House, be declared out of order by this Convention.


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     THE PRESIDENT--The present call relates to the introduction of memorials and ordinances. A memorial on the __________________________________ day and referred to the Committee on State and County Boundaries. Unless the gentleman moves to suspend the rules, and take this matter up now, the regular order will be to refer it to the same Committee.

     There was no motion to suspend and it was so referred.

     MR. SMITH (Mobile)--I desire to ask unanimous consent to make a correction of a clerical error in the report of the Rules Committee on yesterday.

     Leave was granted.

     MR. SMITH (Mobile)--The error consisted in stating that Resolution No. 95 was introduced by Mr. Pettus of Limestone, when it was in fact, introduced by Mr. Wilson of Clarke.

     THE PRESIDENT--The correction will be made, if there is no objection.

     MR. deGRAFFENREID--I yield my place on the roll call to Mr. Pitts of Dallas.

     Ordinance No. 239, by Mr. Pitts:

     An ordinance to fill vacancies in county offices by the Court of County Commissioners.

     Be it ordained by the people of Alabama in Convention assembled, That all vacancies in county offices by death, impeachment, resignation or any other cause, shall be filled by appointment of the Court of County Commissioners, until the next general State election, when said vacancies shall be filled by the qualified electors of said county.

     Referred to Committee on Judiciary.

     Ordinance No. 240, by Mr. Ferguson:

     An ordinance to dispense with the necessity of indictment in certain felony cases.

     Be it ordained by the people of Alabama in Convention assembled, That the necessity of indictment may be dispensed with in the felony cases of grand larceny, burglary, and receiving stolen property, in like manner as provided for in misdemeanor cases, in Section 9 of Article I. of the Constitution of 1875.

Referred to Committee on Judiciary.

Ordinance No. 241 by Mr. Fletcher:


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     To amend Section 50, Article IV. of the Constitution by adding the following words at the end of the Section:

     But any incorporated city or town shall have the right to alter, change, extend or contract their corporate limits whenever three-fourths of the members of the City Council, or Board of Mayor and Aldermen, shall vote for the same. Said vote to be taken by ayes and nays and spread on the Journal or Minute Book of said city or town.

     Referred to Committee on Municipal Corporations.

     Ordinance No. 242, by Mr. Fletcher:

     Be it ordained by the people of Alabama in Convention assembled, That Section 5 of Article XI. of the Constitution be amended so as to read as follows:

     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 1 per centum. Provided, that to pay debts existing at the ratification of this Constitution, an additional rate of one-fourth of 1 per centum may be levied and collected, which shall be exclusively appropriated to the payment of such debts, or the interest thereon. Provided, further, that to 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 may hereafter be created for the erection of the necessary public buildings or brides, 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, and provided, further, that whenever any city is the county seat of a county, and shall pay one-half or more of the taxes levied and collected by the county for general purposes, it shall be the duty of the County Commissioners or Board of Revenue of said county, to pay over to the City Council or Board of Mayor and Aldermen of the city so located each year not less than one-fourth of the revenue collected by taxation upon the property situated and located within the corporate limits of said city, for the use and benefit of the city. But this provisos shall not apply to taxes collected to pay debts, or public buildings, bridges or other ordinary county purposes.

     Referred to Committee on Municipal Corporations.

     MR. FOSTER--I yield my turn to Mr. Searcy.

     Ordinance No. 243, by Mr. Searcy:

     Be it ordained by the people of Alabama in Convention assembled, That Section 5, Article IV. of the Constitution be amended by adding the words: Provided, further, no county shall incur


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debt or issue bonds to an amount in excess of 5 per cent, of the value of the taxable real estate, as shown by preceding assessment.

     This ordinance shall not apply to the refunding of debts or bonds in existence at the ratification of this Constitution, but no county whose indebtedness at the time of ratification of this Constitution exceeds 5 per cent. of the assessed value of the taxable real estate, shall incur any additional indebtedness, so long as its indebtedness equals or exceeds 5 per cent. of the value of its taxable real estate.

     Referred to Committee on Taxation.

     Ordinance No. 244, by Mr. Searcy:

     Be it ordained by the people of Alabama, in convention assembled, That the Treasurer of the State of Alabama may have the right to deposit the funds of the State in such banks and banking institutions doing business in the State, as are selected by the Treasurer, and approved by the Governor and Auditor of the State. Provided, the bank or banks so selected, shall first deposit with the Treasurer of the State of Alabama, Alabama or United States bonds as security for said funds deposited in any bank or banking institution. And at no time shall the funds so deposited in any bank or banking institution exceed the par value of bonds deposited as security. In case of default by any such depository, the Treasurer shall have the right to sell all or a part of bonds so deposited to net an amount to cover said loss or default.

     Referred to Committee on Banks and Banking.

     Resolution No. 105, by Mr. Searcy:

     Resolved, That whereas this convention has made a contract with Mr. Pat McGauly for stenographic reports of the proceedings of the convention, wherein it was agreed to pay said McGauly $70 for each working day of the convention for such stenographic report; and, whereas, there is now no authority in law for the Auditor to draw his warrant on the Treasurer for payment of said stenographer, therefore be it ordained by the people of Alabama in convention assembled, That there is hereby appropriated a sum sufficient to pay whatever shall be due said stenographer according to said contract, and the Auditor is hereby authorized and empowered to draw his warrant on the Treasurer in favor of said stenographer for such sums as shall from time to time be certified to him for such purposes by the President and Secretary of this convention."

     Referred to Committee on Rules.

     MR. LOCKLIN--I offer an ordinance. Mr. Morrisette of Monroe is the author of this ordinance, and, at his request, I introduce it:


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     Ordinance No. 245 by Mr. Morrisette.

     An ordinance to amend Article VIII of the Constitution by striking out the whole thereof, and inserting the following to provide who shall register, vote and hold office in Alabama.

     Section 1. Be it ordained by the people of Alabama, in convention assembled, That every male citizen of this State, and of the United States, native-born or naturalized, not less than 21 years of age, and possessing the following qualifications, shall be an elector, and shall be entitled to vote at any election in this State by the people, except as may be herein otherwise provided.

     Sec. 2. He shall have resided in the State of Alabama for one year, in the county six months and in the precinct, ward, or other election district in which he offers to vote, for three months next preceding the election. Provided, that removal frota one precinct, ward or other election district, to another in the same county, shall not operate to deprive any person of the right to vote in the precinct, ward or other election district from which he has removed, until three months after such removal; 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.

     Sec. 3. Every person offering to vote shall be at the time a legally registered voter as herein prescribed, and in the manner hereinafter provided by law and the General Assembly of Alabama shall enact general registration laws to carry into effect the provisions of this article.

     Sec. 4. Every person presenting himself for registration shall be able to read and write any .section of the Constitution of the State of Alabama, and of the United States, in the English language; or shall own property in value to the amount of $300, as shall appear from the tax assessment rolls for the preceding year, or for the year in which such person presents himself for registration; and upon which all taxes due at the time shall be paid, if said property be personal; and in either event such person shall be of good moral character, and shall have paid a poll tax of $2 for the year next preceding the election at which he offers to vote, and also the poll tax for the year in which said election is held, provided the same is due. But no male person who served as a soldier or a sailor, or in any capacity in the military or naval service of the United States, or the Confederate States in the civil war between the States, shall be denied the right to register and vote at any election irt this State by reason of his failure to possess the educational or property qualification herein prescribed, provided, he shall have registered in accordance with the terms of this Article prior to December 1st, 1910, and shall be possessed of the good moral character herein prescribed, and shall have paid his poll taxes, as herein above prescribed.

     Sec. 5. The General Assembly shall provide for the registration of all persons entitled to vote without the educational or property qualifications hereinabove prescribed, and shall on or before the first day of December,


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1910, provide for the making of a permanent record of such registration, and all persons so registered shall forever thereafter have the right to vote in all elections by the people in this State, unless disqualified as herein otherwise provided; but all such persons not registered according to law by the first day of December, 1910, shall not be entitled to vote, unless they possess the general qualifications herein prescribed for all electors in this State.

     Sec. 6. There shall be established for each county in this State a Board of Election Registrars, to consist of three members, one of whom shall be appointed by the Governor of the State, one by the Judge of the circuit in which such county it is situated, and one of whom shall be elected by the people in the manner prescribed by the Legislature. The term of office of the members composing such Board shall be two years, or until their successors, are duly qualified.

     Such county board, or a majority of its members, shall appoint for each precinct, ward or other election district, a registrar, whose duty it shall be to register the voters of such precinct, ward, or other election district, at the time, and in the manner which may be provided by law. His term of office shall be two years.

     It shall be the duty of the Registrar appointed by the County Board, to register all male persons, over the age of 21 years, residing in the precinct, ward, or other election district, for which such registrar is appointed, who shall possess the qualifications prescribed in Section 4 of this Article, and who shall make application to be so registered. Such registrar shall make a list of all persons registered by him, and return the same to the County Board of Election Registrars, who shall review the same, either upon their own motion, or upon the application of any person, and such County Board shall have the authority to add to said list the names of any persons possessing the qualifications herein prescribed, whom said precinct, ward or other election district registrar, has failed or refused to register; and such County Board shall also have the authority to strike from said list the names of any persons thereon improperly registered, and who do not possess the requisite qualifications.

     Any person aggrieved by the action of said County Board shall have the right to appeal to the next session of the grand jury of said County, whose action, to be determined by a majority of its members, shall be final.

     Sec. 7. The following persons shall not be permitted to register as voters, to vote, or to hold public office while their disabilities continue: Those who are idiots, or insane; those who have been convicted of giving or receiving a bribe to influence voters, or any election officer, with reference to any election by the people; those who have been convicted, or who shall have confessed their guilt upon indictment pending, of any offense punishable by imprisonment in the penitentiary, unless their disabilities have been removed according to law.

     Sec. 8. All elections by the people shall be by ballot; and all elections by persons in a representative capacity shall be viva voce.


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     Sec. 9. Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, or while going to or returning therefrom.

     Sec. 10. The General Assembly shall enact laws, not inconsistent with this Constitution, to regulate and govern elections in this State, and all such laws shall be uniform throughout the State.

     Sec. 11. It shall be the duty of the General Assembly to enact adequate laws affording protection against the evils arising from the use of intoxicating liquors at all elections.

     Sec. 12. Persons who are not citizens of the United States, and who are not descended from a father and mother belonging to the white race, shall not be eligible to any office under the Constitution and laws of the Stateof Alabama.

     Sec. 13. All persons elected to public office in this State before entering upon the duties of the office to which they have been elected, shall take and subscribe the following oath:

     I,_____________________ do solemnly swear (or affirm) that I will support and maintain the Constitution and Laws of the United States, and the Constitution and laws of the State of Alabama, not inconsistent therewith, and that I will faithfully discharge the duties of my office as _____________________, so help me God.

     Referred to Committee on Suffrage and Elections.

     Ordinance No. 246, by Mr. Grayson:

     An ordinance to amend Sections 4 and 5 of Article XI of the Constitution.

     Section 1. Be it ordained that Section 4 of Article XI be and the same is hereby amended to read as follows:

     (Sec. 4.) The General Assembly shall not have power to levy in any one year a greater rate of taxation than sixty-five hundredths of one per centum on the value of the taxable property within this State.

     Sec. 2. Be it further ordained that Section 5 of Article XI of the Constitution be amended by adding to the end of said section the words:

     And provided, further, That for aiding in maintaining the public turnpikes and roads an additional rate of one-tenth of one per centum may be levied and collected to be applied exclusively to said purposes.

     Referred to the Committee on Taxation.

     Ordinance No. 247, by Mr. Grayson:


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     An ordinance to provide for the payment of the public debt.

     Section 1. Be it ordained that the General Assembly shall create a sinking fund to provide for the redemption or purchase of the bonds of this State.

     Sec. 2. Be it further ordained, that the sum of one hundred thousand dollars be set apart annually out of the funds raised by general taxation together with such other funds as the General Assembly may provide for said sinking fund.

     Referred to Committee on Legislative Department.

     Resolution by Mr. Grayson:

     Resolved. That the official stenographer be required to state the day of the week, as well as the day of the month, at the head of the daily reports.

     MR. GRAYSON--It will be a great convenience to delegates in making reference to the proceedings and I move that the rules be suspended and that that resolution be placed on its passage.

     A reading of the resolution was called for and the resolution was again read.

     THE PRESIDENT -- The Chair thinks the resolution will hardly be necessary. The Chair will simply direct the stenographer to follow the suggestion of the delegate.

     MR. GRAYSON--If it is the pleasure of the Chair so to do, all right.

     THE PRESIDENT -- Does the gentleman withdraw the resolution?

     MR. GRAYSON--Yes, sir; I withdraw it with that understanding.

     Ordinance No. 248, by Mr. Harrison:

     An ordinance to limit the issue of bonds or other evidences of debt by cities and towns in this State.

     Be it ordained by the people of Alabama in Convention assembled, That after the ratification of this Constitution, no town or city shall issue bonds or other evidences of debt to a greater amount than three per cent of the assessed taxable value of the preperty thereof.

     Referred to Committee on Municipal Corporations.

     Ordinance No. 249, by Mr. Heflin (Randolph):

     Be it ordained by the people of Alabama in Convention assembled, That Section 26 of Article VI. of the Constitution is hereby ratified and confirmed.


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     Referred to Committee on Judiciary.

     Ordinance No. 250, by Mr. Henderson (Pike.)

     To fix the time for the assembling of the General Assembly.

     Be it ordained by the people of Alabama in Convention assembled, That the new Constitution provide that the Legislature shall hold its sessions between the months of February and October, assembling on such date and holding for such length of time as may be fixed by the Convention.

     Referred to Committee on Legislative Department.

     Ordinance No. 251, by Mr. Henderson (Pike):

     Providing for the bonding of State and county officers.

     Be it ordained by the people of Alabama in Convention assembled, That all officers of this State and the counties thereof who are required to give bond for the forthcoming of money entrusted to them or for which they may be liable, shall, before entering upon the discharge of their duties, give such bond in some bond or security company authorized by law to engage in such bonding security business in this State. Sheriffs of the several counties to be excepted from this provision.

     Referred to Committee on Executive Department.

     Ordinance No. 252, by Mr. Henderson (Pike):

     Reducing the number of jurors.

     Be it ordained by the people of Alabama in Convention assembled, That the number of jurors hereafter drawn to try cases in the courts of this State be reduced to eight, except in capital cases, and that no verdict can be rendered except by unanimous consent.

     Referred to Committee on Judiciary.

     Ordinance No. 253, by Mr. Henderson (Pike):

     To provide for the working of convicts of the several counties of this State.

     Be it ordained by the people of Alabama in Convention assembled, That all convicts sentenced to hard labor for any county in this State shall be worked upon the public roads of the several counties, as may hereafter be provided by law; Provided, the Court of County Commissioners or the Board of Revenue of the several counties may hire such convicts to any other county to be worked upon the public roads.

     Referred to Committee on Judiciary.


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     Ordinance No. 254, by Mr. Henderson (Pike):

     Providing for the exemption of cotton mills from taxation.

     Be it ordained by the people of Alabama in Convention assembled, That Section 6 of Article XI, be amended as follows:

     Provided, the General Assembly may, by general law, exempt from assessment and levy for taxation for State, county and municipal purposes, for a period of ten years, cotton mills of not less then ten thousand (10,000) spindles, hereafter constructed, erected and operated in this State.

     Referred to Committee on Taxation.

     Ordinance No. 255 by Mr. Henderson (Pike):

     Regulating and providing for the publication of laws and bills.

     Be it ordained by the people of Alabama in Convention assembled, That all laws hereafter passed by the General Assembly and which shall be of a general nature, shall after becoming a law, be published in at least one newspaper in each county of this State as may be provided by law, and all bills of a local nature shall, before being introduced into the General Assembly, be published by one insertion in at least one newspaper in such county or counties as may be affected thereby.

     Referred to Committee or. Legislative Department.

     Ordinance No. 256, by Mr. Henderson (Pike):

     To establish a Department of Agriculture.

     Be it ordained by the people of Alabama in Convention assembled, That a Department of Agriculture be created and established under the management and control of a public officer, to be known as the Commissioner of Agriculture who must be a practical and experienced agriculturist, and whose salary shall not exceed the sum of $2,000 annually, to be paid monthly.

     That all moneys received by the Department of Agriculture from fees for licenses, for sales of fertilizer tags, from fees for registration of lands for sale, or from any source whatsoever, must be paid into the State Treasury monthly, and such moneys must be entered upon the books of the Treasurer to the credit of the general fund of the State; and the expenses of maintaining the Agricultural Department of the State, as well as the salary of the Commissioner of Agriculture, shall be paid out of the general fund of the State, as may be provided by law.

     Referred to Committee on Executive Department.

     Ordinance 257, by Mr. Henderson.


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     Amending Section 5 of Article XIII applying to public school fund.

     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:

     The income arising from the sixteenth section trust fund, the surplus revenue fund, and the funds enumerated in sections three and four of this article, shall be distributed for the equal benefit of the children throughout the State, between the ages of 7 and 21 years, and such other money as the General Assembly shall provide by taxation or otherwise, shall be applied to the support and maintenance of the public schools in such proportion between the children of school age as may hereafter be provided by law.

     Referred to Educational Committee.

     Resolution No. 106, by Mr. Hinson:

     Resolved, That this convention shall not raise, reduce or fix the compensation of any judicial officer of this State. But it shall be made the duty of the legislature to increase the salaries of the justices of the Supreme Court, not to exceed $5,000 per annum, whenever the financial condition of the State will justify such increase.

     Referred to Committee on Judiciary.

     Resolution No. 107, by Mr. Hinson:

     Resolved, That this convention shall not raise, reduce or fix the compensation of any executive officer but it shall be made the duty of the legislature to increase the salary of the Governor, not to exceed $5,000 per annum, whenever the financial condition of the State will justify such increase.

     Referred to Committee on Executive Department.

     Mr. Hodges-- I yield my call to Mr. Weakley of Lauderdale.

     Ordinance No. 258, by Mr. Weakley:

      To amend Section 4 of Article XI of the Constitution of the State of Alabama.

     Be it ordained by the people of Alabama in convention assembled, That Section 4 of Article XI of the Constitution of Alabama be amended so as to read as follows:

      4. The General Assembly shall not have the power to levy in any one year a greater rate of taxation than one-half of one percentum on the value of the taxable property within this State, Provided that to pay the interest on or to provide a sinking fund for the payment of the principal of the State debt, and additional tax


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of one-fourth of one per centum may be levied and collected in each year, and said additional tax when collected shall be used for no other purpose.

     Referred to Committee on Taxation:

     Ordinance No. 259, by Mr. Hood:

     An ordinance to establish a Court of Appeals and declare the jurisdiction thereby.

     Judicial department.

     Be it ordained by the people of Alabama in convention assembled:

     (1) That a Court of Appeals be and is hereby established to consist of a Chief Justice and at least two associate justices.

     (2) That said Court of Appeals shall have appellate jurisdiction only, which shall be co-extensive with the State, under such restrictions and regulations, not repugnant to this constitution, as may from time to time, be prescribed by law; Provided, that said court shall have power to issue writs of injunction, habeas corpus, quo warranto and such other remedial writs as may be necessary to give it a general superintendence and control of inferior jurisdiction in all matters and cases in which said court has or would have appellate jurisdiction.

     (3) That said Court of Appeals shall have final and exclusive appellate jurisdiction of all appeals of criminal cases and, until otherwise modified or changed by the General Assembly of the State, all common law civil case wherein the amount in controversy does not exceed $1,000, except in actions for the recovery of possession of real property and in cases in which the public revenue of the State, any county municipal corporation or other political subdivision of the State or any county thereof is involved, of which the Supreme Court shall alone have appellate jurisdiction; Provided, that in cases that involve the construction or application of the constitution of the United States the constitution of the State of Alabama, or any law of the United States, or in any case in which the constitutionality of any law of the State of Alabama is drawn in question, or in any case in which the constitution or any law of the State of Alabama is claimed to be in contravention of the Constitution of the United States, in cases in which said Court of Appeals is not unanimous in the rendition of any order or judgment, and in cases in which said Court of Appeals is in conflict with the Supreme Court of this State in the enunciation of any legal principle or proposition of law upon which it bases any order or judgment, any such case may be removed to the Supreme Court of this State for review by that court by a writ of error which may be granted by any justice of said Supreme Court upon application made by the party aggrieved and a proper


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and sufficient showing therefor, and the judgment or decree of the Supreme Court in such case shall be final and conclusive.

     (4) That said Court of Appeals shall be held at the seat of government and such other places as may be designated and provided by law.

     (5) That the justices of said Court of Appeals shall hold office for a term of four years and shall be elected by the qualified voters of the State; Provided, however, that the Governor of the State shall forthwith, upon the adoption of this constitution, appoint a Chief Justice and two associate justices of said court, who shall hold office until the next succeeding State election for the election of State officials, at which election their successors shall be elected by the qualified voters of the State.

     (6) That there shall be a clerk of said Court of Appeals who shall be elected by the qualified voters of the State, whose term of office shall be four years and who shall be placed upon a salary, provided be may receive such fees as may be fixed by said Court of Appeals from the date of his appointment until the first meeting of the General Assembly of the State, and provided further that the Governor of the State shall forthwith upon the adoption of this constitution appoint a clerk of said court, who shall hold office until the next succeeding State election for the election of State officials, at which time his successor shall be elected by the qualified voters of the State.

     (7) That there shall be a reporter of said Court of Appeals who shall be appointed by said court and whose term of office shall be at the pleasure of said court.

     (8) That the salary of the justices of said Court of Appeals shall not be less than $3,600 each per year.

     (9) That all laws, and parts of laws not applying to the Supreme Court of the State or to any official thereof, and not inconsistent with this constitution, shall apply to said Court of Appeals and the officials thereof, so far as applicable, until modified or changed by law.

     Sec. 2. Be it further ordained, That immediately upon the organization of said Court of Appeals, the Supreme Court shall transfer to said Court of Appeals all cases pending in said Supreme Court of which said Court of Appeals has jurisdiction under this constitution, together with the records and all papers and documents pertaining thereto, unless it be a case in which the Supreme Court has prepared an opinion and is ready to render a judgment. In all such cases the Supreme Court shall have jurisdiction for the purpose of rendering judgments.

     Referred to the Committee on Judiciary.


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     MR. INGE--I yield my call to Judge Robinson

     Ordinance 260, by Mr. Robinson:

     To amend Sections 1 and 3 of Article VIII of the Constitution of Alabama.

     Be it ordained, That Sections 1 and 3 of Article VIII of the Constitution of Alabama be amended, so as to read as follows:

     1. Every male citizen of the United States 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 have resided in the State at least one year, 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 five thousand 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. Second--He shall have paid on or before the first day of January of the year in which he offers to vote, all poll taxes which may be legally required of him for the next two preceding years.

     3. The following classes shall not be permitted to register, vote or hold office: First--Those who are disqualified to vote at the time of the adopting of this Constitution. Second--Those who are idiots or insane. Third--Those who shall have been convicted of treason, embezzlement of public funds, malfeasance in office, larceny, bribery selling or for a consideration disposing of his vote in any election authorized by law, the unlawful sale of intoxicating liquors, assault and battery upon the person of his wife or other crime punishable by imprisonment in the penitentiary.

     Any person who shall sell or for a consideration dispose of his vote in any State, County, municipal or primary election, held in this State under the laws of this State, shall be guilty of a misdemeanor and on conviction shall be fined not exceeding ten dollars. And justices of the peace, and other officers who are ex-officio justices of the peace, shall have jurisdiction to try persons charged with this offense, concurrent with the circuit, city and county courts. And all persons charged with said offense shall have the same right of appeal and trial by jury as is provided by law for other cases of misdemeanor. And all persons may be required to testify on the trial of such cases, but, if the testimony of any witness discloses the fact that he has committed an offense in connection with the offense charged, no prosecution shall be had against him for said offense.


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     Referred to Committee on Suffrage and Election.

     Resolution No. 108, by Mr. Jones of Hale:

     Be it resolved, That whereas the people of Alabama have been living under the present Constitution for the past twenty-five years, and have found and do find, that the said Constitution meets practically all the requirements requisite to the security of life, liberty and property, with the one exception, viz., that the negro is allowed to vote.

     And, whereas, the people of Alabama would probably rather bear the ills of the present Constitution than fly to those they know not of--except in the matter referred to.

     Be it therefore resolved, That the Committee on Suffrage and Elections be requested and instructed to report to this Convention within the next five days an ordinance or ordinances looking to the disfranchisement of the negro.

      Be it further resolved, That this Convention then be allowed five additional days within which to discuss such ordinance or ordinances, so reported by said Committee and that then a final vote shall be taken on such ordinance or ordinances.

      Be it further resolved, That after such vote is taken by the Convention that this Convention do then adjourn sine die whether said Convention has agree on a suffrage clause or not.

     Referred to the Committee on Rules.

     Ordinance No. 261, by Mr. Jones of Montgomery:

     An ordinance to promote speedy decision of causes in the Supreme Court.

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

     The Governor, whenever so requested by the Judges of the Supreme Court in writing, shall appoint not more than two special justices of said court who shall be commissioned and serve for such time as the judges of the Supreme Court may recommend, for the decision of such cases, submitted prior to their appointment, as the judges of said court may designate; and such special judges shall receive for the time they serve the same compensation as the regular judges of the Supreme Court.

     Referred to Committee on Judiciary.

     Resolution No. 109, by Mr. Jones (Montgomery):

     For an additional section to the declaration of rights, concerning the quarantine and police power.


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     Resolved, That the Committee on Preamble and Declaration of Rights be directed to report for the consideration of the convention an additional section to the Declaration of Rights, in substance as follows:

     That no person shall be compelled to exile himself from the State in time of epidemic or pestilential diseases, to obtain a refuge, if the authorities of any county in the State are willing to receive him in their borders.

     Referred to Committee on Preamble and Declaration of Rights.

     Ordinance No. 262, by Mr. Jones (Montgomery):

     To provide for a Board of Conciliation.

     Be it ordained by the people of Alabama, in convention assembled, that a permanent Board of Conciliation, for the adjustment of differences between employer and employees engaged in mining, manufacturing and transportation, or other lawful industry, is hereby constituted, to consist of the Governor, Lieutenant-Governor and Attorney-General, to which may be added in each case coming before it, two citizens of this or some other State of this Union, to be appointed by the Governor. The Board, in its discretion, may propose arbitration before it of any such dispute whenever it deems proper; and, in its discretion, may hear such disputes when requested by either or both parties. In any case submitted, the Board shall pass on the merits and recommend in a written award or finding what ought to be done to adjust such differences. The Board may compel the production of papers and attendances of witnesses, under such rules and regulations as may be prescribed by law. Its judgment, or award, shall be advisory merely, unless both parties have voluntarily submitted the matter to the Board and agreed in advance, in writing, to perform the award.

     Referred to Committee on Executive Department.

     Ordinance No. 263 by Mr. Jones (Wilcox):

     An ordinance to amend Section 3, Article VIII of the Constitution.

     Be it ordained by the people of Alabama, in convention assembled, that Section 3, Article VIII, of the present Constitution be amended so as to read as follows:

     The following classes shall not be permitted to register, vote or hold office:

     First--Those who shall have been convicted of any crime punishable by imprisonment in the penitentiary or of malfeasence


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in office, or bribery, or larceny, or embezzlement, or fraud in any election in this State, general, special or primary, or any one who has ever sold his vote or bought the vote of another.

     Second--Those who cannot read intelligently, or understand when read to them any section of the Constitution of this State.

     Third--Those who have not paid a poll tax of $2.00 on or before the first day of January of the year that such person may offer to register or vote, and also the poll tax that may be due by them for preceding years, if any.

     Fourth--Those who are idiots or insane.

     Provided, That Subdivision 2 shall not apply to any male citizen of the United States who served in the army or navy of the United States in any war with a foreign power, or in the Indian wars, or in the war between the States, or to any male citizen of the United States who served in the army or navy of the Confederate States in the war between the States nor shall said subdivision apply to the descendants of said persons who served in the army or navy of the United States or of the Confederate States; provided, that after the expiration of ten years from the adoption of this Constitution, the descendants of persons who served in the army or navy of the United States or of the Confederate States, who may offer to register, shall not be permitted to do so unless they can read intelligently or understand, when read to them, any section of the Constitution.

     Fifth--There is hereby created a Board of Registrars for every precinct in this State, to consist of three members, each of whom shall be bona fide resident of the precinct in which he is appointed or elected, whose duty it shall be to register such persons in their precincts as may be entitled thereto under the Constitution and laws of this State. Such registrars shall be appointed by the Judge of Probate of their counties, and shall hold their office until the first general election after the ratification of this Constitution. That at such general election the registrars shall be elected for the term of four years, by the qualified voters of their precincts, and no registrar shall succeed himself, or hold any other office, except that of Notary Public or Justice of the Peace, while filling the office of registrar. The Judge of Probate may fill any vacancy in their respective counties in the office of registrar. The registrars appointed in the several counties of this State by the Judges of Probate and those thereafter elected shall, before entering upon the discharge of their duties, take the official oath as prescribed by this Constitution. The Boards of Registrars in the different precincts in this State shall open books for registering the qualified voters of this State, on the first Monday in February, 1902, and three weeks' notice of said registration must be given in some newspaper published in the county, by the Judges of Probate


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of the respective counties in this State. The Boards of Registrars shall not continue the registering of voters longer than fifteen days in February, 1902, and they shall be entitled to such compensation therefor as may be fixed by the Court of County Commissioners of their respective counties. They shall have the right to examine, on oath, any person who may apply to them to register, and also to examine other witnesses on oath as to whether or not the person who makes application to register is legally entitled to do so. Any person who may not be permitted to register by the Board of Registrars of the precinct in which he resides, or by a majority of such board, shall have the right of appeal, at any time, within thirty days thereafter to the Circuit Court of the county of his residence.

     Sixth--Neither the State nor the county shall have a lien on the property of any resident of this State for the collection of the poll tax, nor shall the collection of the same be enforced by law.

     Seventh--The Commissioners' Courts shall have published in some newspaper in their respective counties, in March, 1902, and every two years thereafter, a certified copy of all registered voters in their respective counties.

     Referred to Committee on Suffrage and Elections.

     Ordinance No. 264, by Mr. Jones (Wilcox):

     An ordinance to amend Section 2, Article X. of the Constitution.

     Be it ordained by the people of Alabama in Convention assembled, That Section 2, Article X. of the present Constitution be amended as follows:

     That the word "eighty," in the first line of said Section be stricken out, and the words "one hundred and sixty" be substituted therefor.

     Referred to Committee on Exemption.

     Ordinance No. 265, by Mr. Jones (Wilcox):

     An ordinance to amend Section 1 of Article XIII. of the Constitution.

     Be it ordained by the people of Alabama in Convention assembled, That Section 1 of Article XIII, of the present Constitution be amended by striking out the word "equal" before the word "benefit" in the second line of said section, and by adding at the close of said section the following words: And such separate schools for the education of the white children, and for the education of the children of citizens of African descent, shall be kept open the same number of scholastic months.


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     Referred to Committee on Education.

     MR. WATTS--I am requested by Mr. Lomax of Montgomery, to ask leave of absence for today and tomorrow on account of his being detained at Tuscaloosa, and for Mr. Macdonald today.

     THE PRESIDENT--Leave of absence has been obtained for Mr. Macdonald. Unless there is objection leave of absence will be granted to Mr. Lomax.

     MR. KNIGHT--I yield my call to Mr. Rogers (Lowndes).

     Ordinance No. 266, by Mr. Rogers (Lowndes):

     To amend Section 1 of Article XI. of the Constitution by striking out from and including the words, "provided, however," and adding the following:

     There shall be collected from every voter between the age of 21 and 50 years, not exempt by law, a poll tax of $1.50, which shall be applied exclusively in and of the public schools in the counties in which it is levied and collected; the amount collected from citizens of the Caucasion race to be applied to white schools, and the amount collected from citizens of African descent to be applied to the colored schools.

     That the said tax shall be paid between the 1st day of January and the 30th day of January of each year and the Tax Collector shall give his certificate to each citizen paying said tax. That no citizen shall be allowed to vote who has not paid said tax who is under 50 years of age, and no exempt by law.

     Referred to Committee on Taxation.

     Ordinance No. 267, by Mr. Ledbetter:

     Be it ordained by the people of Alabama: First--That the office of Examiner of Public Accounts be and the same is hereby continued, said officer being appointed by the Governor.

     Second--That in addition to the duties already imposed upon said Examiner he be made State Bank Examiner.

     Third--That the General Assembly shall be authorized and directed to prescribe the duties of said Examiner, delegate to him certain powers, and make necessary requirements of State banks.

     Fourth--That by State banks is meant any bank, banking company, savings bank or other corporation organized under the laws of the State of Alabama, conducting or doing a banking business.

     Referred to Committee on Executive Department.

     Ordinance No. 268, by Mr. Ledbetter:


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     Be it ordained by the people of Alabama in Convention assembled, That Probate Judges shall be elected every four years by the qualified voters of their respective counties and shall not be eligible for re-election to that office or to any other office in their respective counties during a period of two years after the expiration of their term. That the Probate Judges shall receive the fees of their respective offices to the amount of not exceeding $2,500 per annum, and that the fees in excess of this amount shall be turned into the county treasury.

     Referred to Committee on Judiciary.

     Ordinance No. 269, by Mr. Long (Walker):

     Be it ordained by the people of Alabama in Convention assembled, That that Section 6 of Article XI. of the Constitution be amended so as to read as follows:

     Sec. 6. The property of private corporations, associations and individuals of this State, shall forever be taxed at the same rate; Provided, this section shall not apply to institutions or enterprises devoted exclusively to religious, educational or charitable purposes. Provided, further, that the General Assembly of Alabama, for the purpose of encouraging cotton manufacturing shall have power to exempt from all State, county or city taxes for a period not exceeding ten years, all new cotton mills, built after the ratification of this Constitution; provided, the land on which the cotton mills are built shall be assessed for taxation at the same rate as the adjoining or contiguous lands.

     Referred to Committee on Taxation.

     Ordinance 270, by Mr. Long:

     An ordinance to prescribe the qualifications of electors and to better provide for fair elections in the State of Alabama.

     Be it ordained by the people of Alabama in Convention assembled, that Article VIII of the Constitution be amended so as to contain the following:

     Every male citizen of the United States and every male citizen of foreign birth who may have legally declared his intention of becoming a citizen of one of the United States, before he offers to vote, who is 21 years old or upwards, who shall have resided in this State two years and in the County and in the beat, precinct or ward for one year next, immediately preceding the election in which he offers to vote and who shall have paid a poll tax of $1.50 on or before January 1st of the year in which he offers to vote at any election and who shall have paid all taxes, including all poll taxes and all taxes upon real estate or personal property for all years with 8 per cent interest due thereon, and who shall own and pay taxes upon not less than $300 worth of real estate or personal


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property and be able to read and write in the English language shall be a qualified elector and may vote in the precinct or ward of his actual residence and not elsewhere, unless disqualified by being convicted of treason, embezzlement of public funds, malfeasance in office, larceny, bribery or other crime punishable by imprisonment in the penitentiary, or unless an idiot or lunatic; provided, that all men or their male descendants, 21 years of age or upwards who have fought in any of the American or European wars prior to the adoption of this Constitution, shall only be required to pay all poll taxes on or before January 1st of each year as hereinabove set forth, in order to become qualified electors in this State, and only such persons coming under any of the provisions herein above set forth without regard to race, color or previous condition of servitude, shall have a right to vote at any election, State, County or municipal in this State.

     That all poll taxes shall be paid to the tax collector in each County in this State and by him turned over to the probate judge of each County on or before the first of January of each year and that the probate judge shall make an alphabetical list by beats, wards or each voting precinct in the County a list of all persons who have paid their poll taxes, which said alphabetical list shall be kept as a book of public record in the office of the judge of probate, and shall be the true registration list of the county for that year and on or before the 20th of January of each year the probate judge shall furnish a copy to the State treasurer a list of all such persons who have paid their taxes for that year, together with all his remittance to cover the same in full. And it shall be the duty of the probate judge to furnish a copy to each of the managers of any election held in this State, whether State, County, municipal, primary or otherwise, a list of all persons residing in the beat, ward or voting precinct who have all ,paid their poll tax on or before the 1st of January of that year and only those whose names appear upon the list shall be entitled to vote.

     At any election held, either primary or otherwise, if any more voters are returned by the managers of any precinct, beat, ward or voting place than appears upon the registration list so furnished them, then the said box shall be invalid and no vote therein contained shall be counted and the manager of said election shall be guilty of a high misdemeanor and be fined not less than $250 nor more than $1,000.

     Should any probate judge make a return of any election to any State officer of a greater number of votes than names as contained upon the registration list so made and furnished by him as required by law to the State treasurer, he shall also be guilty of a high misdemeaner and shall forfeit his office, and shall also be fined by any court of competent jurisdiction in a sum not exceeding one thousand dollars.


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     Referred to Committee on Suffrage and elections.

     Mr. Bulger here took the Chair.

     Ordinance No. 271, by Mr. Lowe of Jefferson:

     Be it ordained by the people of Alabama in Convention assembled, that Section 12 of Article VI of the Constitution be amended so as to read as follows:

     The Chief Justice and Associate Justices of the Supreme Court, Judges of the Circuit Court, Probate Courts and Chancellors shall be elected by the qualified electors of the State, Circuits, Counties and Chancery Divisions for which such courts may be established, on the first Tuesday after the first Monday in November, 1904, and on said day and said month every eight years thereafter; provided the legislature may change the time of such election to any other day in said years.

     Referred to Committee on Judiciary.

     Ordinance No. 272, by Mr. Lowe of Jefferson.

     Be it ordained by the people of Alabama in Convention assembled that Section 15 of Article VI of the Constitution shall read as follows:

     The Chief Justice and Associate Justices of the Supreme Court, Circuit Judges, Chancellors and Probate Judges shall hold office for the term of eight years, and until their successors are elected or appointed and qualified; and the right of such judges and Chancellors to hold their offices for the full term hereby prescribed shall not be affected by any change hereafter made by law in any circuit, or county in the mode or time of election.

     Referred to Committee on Judiciary.

     Resolution 110, by Mr. Lowe:

     Resolved, that it is the sense of this Convention, that the State, County and Congressional elections should be held upon the. same day. Provided, however, that the General Assembly may prescribe separate and different dates for holding such elections.

     Referred to the Committee on Legislative Department.

     Resolution 111, by Mr. McMillan:

     Be it resolved by this Convention, that it is the sense of this Convention that any ordinance adopted prescribing a poll tax qualification upon the right of suffrage shall include in its provisions a section exempting all officers and men of the Alabama National Guard from its operation.

     Referred to the Committee on Taxation.


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     Ordinance No. 273, by Mr. Parker (Elmore):

     To amend Article XVI of the Constitution.

     Be it ordained by the people of Alabama in Convention assembled, That Section 1 of Article XVI of the Constitution be and the same is hereby amended to read as follows:

     Section 1. No person holding an office of profit under the United States except postmasters, whose annual salary does not exceed $200, shall, during his continuation in such office, hold any office of profit under this State, nor shall any person hold two offices of profit, at one and the same time under this State, whether such offices be created by this Constitution or by legislative enactment.

     Be it further ordained that Article XVI be and the same is hereby further amended by adding the following, as Section 2:

     Sec. 2. That any person who accepts a second office during the term of an office to which he has been previously elected or appointed, shall, ipso facto, forfeit and vacate such first office, provided that the provisions of this article shall not apply to the offices of Justice of the Peace, Constable, Notary Public and Commissioner of Deeds.

     Referred to Committee Amending Constitution and Miscellaneous Provisions.

     Resolution No. 112, by Mr. Parker (Elmore):

     Whereas, it is the well settled policy of this State that the traffic in vinous, spirituous and malt liquors is a privilege and not a right of the citizen, and whereas, the ample and unrestricted authority of the General Assembly under the present Constitution of Alabama to restrict and police the buying and selling of vinous, spirituous and malt liquors has been in the past, a bulwark of safety to society and the individual citizen against the evils of intemperance:

     Now therefore, be it resolved, That it is the sense of this convention that no ordinance shall be adopted that will abridge or destroy the power of the General Assembly of the State of Alabama to restrict, regulate and control the sale of vinous, spirituous and malt liquors.

     Referred to Committee on Legislative Department.

     MR. OATES--I was called out just at the time my name was called. I ask unanimous consent to offer two resolutions.

     Leave was given.

     Ordinance No. 274, by Mr. Oates:


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     Be it ordained by the People of Alabama on convention assembled.

     That Article VIII, Section --- of the Constitution be amended so as to read as follows:

     Section 1. Every male citizen of the United States 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 have resided in the State one year, in the county three months, and in the precinct or ward for thirty days immediately preceding the election at which he offers to vote; and for the purpose of voting no person shall be deemed to have gained or lost a residence by reason of his presence or absence while in the service of the United States, nor while engaged in the navigation of the waters of the State, or of the high seas, nor while a student in any institution of learning. 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.

     There shall be a Board of Registrars composed of three intelligent and discreet men as nearly non-partisan as practicable not more than two of whom shall belong to the same political party and who shall hold a session of ate least three days in each precinct of the county for the registration of voters and the registration books shall be kept open at the court house of the county.

     All elections by the people shall be by ballot, and all elections by persons in a representative capacity shall be viva voce.

     Section 2--That the Governor shall, with the advice and consent of the Senate, appoint a board of registrars for each county whose term of office shall be four years, and neither of them shall be eligible to any other office of profit during the term for which he shall have been appointed. The legislature shall fix their compensation, and regulate their sessions.

     That such Board, and each of the members thereof, shall have power to administer oaths, and every person offering to register as a voter shall take the following oath: "I ________________, do solemnly swear (or affirm) that I am 21 years old (or I will be before the next election in this county) and that I will have resided in this State one year, in the county six months and am now in good faith a resident of the same, and that I am not disqualified from voting by reason of having been convicted of any crime named in the constitution of this State as a disqualification to be an elector; that I will truly answer all questions propounded to me concerning my antecedents so far as they relate to my right to vote, and also as to my residence before my citizenship in this county; that I will faithfully support the Constitution of the United States and of the State of Alabama and will bear true faith and allegiance of the same. So help me God."


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     And any persons taking of such oath falsely as to any material part, shall upon conviction, be guilty of perjury and be imprisoned in the penitentiary. That any person offering to register as a voter within the time allowed by law who shall be rejected by said Board of Registrars shall within twenty days thereafter have the right of appeal without prepayment of cost to any circuit judge or judge of any city court who shall hear the case without delay, and if of opinion from the evidence that the appellant is entitled to vote, such judge must order the Board of Registrars to enroll his name as a legal voter, and everyone registered therein, shall vote in the precinct or ward in which he resides.

     The following classes shall not be permitted to register, vote or hold office:

     First--Those who shall have been convicted of treason, embezzlement, malfeasance in office, larceny, bribery or other crime punishable by imprisonment in the penitentiary.

     Second--Those who are idiots or insane, nor anyone who is of notoriously bad character, a tramp, professional gambler or pauper, or who has sold his or bought the vote of another, or been convicted of any other fraud or bribery to procure his own election to any office or that of another person, and those who have not three months prior to any election paid all poll tax and all other taxes due from him.

     Referred to Committee on Suffrage and Election.

     The President here resumed the chair.

     Ordinance No. 275, by Mr. Oates:

     To improve the judicial system of the State.

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

     First--That at the expiration of the term of office of the present Circuit judges, there shall be elected or appointed a Circuit Judge for each Senatorial District in the State.

     Second--That said court shall be always open for the transaction of business, and whenever there are causes in such courts for trial, the judges thereof shall, after notice given to the parties, proceed with the trial of the same with or without a jury, as may be prescribed by law.

     Third--That said Circuit Judges shall have and exercise equity jurisdiction, as may be prescribed by law.

     Referred to Committee on Judiciary.

     Mr. Phillips--- yield my call to Mr. Whiteside.


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     Ordinance No. 276 by Mr. Whiteside:

     Be it ordained by the people of Alabama, in convention assembled, That no person, firm or corporation, shall construct or operate any railroad, car line, telegraph or telephone line on the streets of any town, city or village, under any franchise granted by the Legislature, or by the municipal authorities of such town, city, or village, without first paying to the owner of the property adjacent to such street, all just and reasonable damages that may result to such adjacent property by the construction and operation of such railroad, car line, telegraph or telephone line.

     Referred to Committee on Corporations.

     Resolution No. 113, by Mr. Whiteside:

     Whereas, It is apparent that this Convention will not be able to complete its labors within the fifty days for which it is authorized to draw pay under the act calling the Convention;

     And, whereas, The present Constitution provides that "No bill shall be passed giving any extra compensation to any public officer--nor shall any officer of the State bind the State to the payment of any sum of money but by authority of law," therefore be it

     Resolved, That the question of the payment of the expenses of this Convention beyond the said fifty days be referred to the Judiciary Committee, with instructions to report thereon at an early date.

     Resolved, further, that it is the sense of this Convention that no per diem be paid to the delegates of this Convention beyond the fifty days named in the act calling the Convention.

     Referred to the Committee on Judiciary.

     MR. REYNOLDS (Chilton)--I yield my call to Mr. Watts of Montgomery.

     Ordinance No. 277, by Mr. Watts:

     To add a Section to Article III., as follows:

     Section --. The acceptance of office in one of the three departments, Judicial, Legislative or Executive, shall vacate of itself and at once any and all offices held by such person in either of the other departments.

     Referred to Committee on Executive Department.

     Ordinance No. 278, by Mr. Watts:

     To amend Sections 11, 12, 13, 14, 15, 21, Article I.


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     Be it ordained, That Section 11 be amended so as to read as follows:

     Sec. 11. That no person shall be debarred from prosecuting or defending before any tribunal in this State, by himself or counsel, any civil cause to which he is a party, or from prosecuting any criminal case in which he is the prosecutor.

     That Section 12 shall be so amended as to read as follows:

     Sec. 12. That the right of trial by jury shall remain inviolate, but courts for reasons, fixed by law may discharge juries from the consideration of any case, and no person shall gain any advantage by reason of such discharge of a jury.

     That Section 13 be amended so as to read as follows:

     Sec. 13. In all prosecutions for libel or defamation the truth of the charge may be given in evidence, and the jury shall determine the law and the facts under the direction of the court.

     That Section 14 be amended so as to read as follows:

     Sec. 14. That all courts shall be open, and that every person, for any injury done him in his lands, goods, person or reputation, shall have a remedy by due process of law, and right and justice shall be administered without sale, denial or delay; provided, that in all suits or proceedings for divorce, the party instituting the same may be by law required to give security for the costs of said suits or proceedings.

     That Section 15 shall be so amended as to read as follows:

     Sec. 15. That the State of Alabama shall never be made a defendant in any court of law or equity, except that where the State is a tenant in common or joint owner with an individual, the individual may file suit for partition or sale for partition, but in suits or proceedings commenced by the State, set-offs may be pleaded, and in equity suits commenced in the State, cross bills asking affirmative relief may be entertained.

     That Section 21 shall be amended so as to read as follows:

     Sec. 21. That no person shall be imprisoned for failing to discharge any obligation for which he is only civilly bound.

     Referred to Committee on Preamble and Declaration of Rights.

     Ordinance No. 279, by Mr. Watts:

     To amend Sections 9, 10, 12, 17, 25, Article VI.

     Be it ordained, That Section 9 be amended so as to read as follows:


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     Sec. 9. The General Assembly shall have power to establish in each county within the State a Court of Probate, with general jurisdiction for the granting of letters testamentary, and of administration and for orphans' business, provided, that whenever any court having equity powers has taken jurisdiction of the settlement of any estate, said equity court shall have power to do all things necessary for the settlement of said estate, including the appointment and removal of administrators, executors, guardians and trustees.

     That Section 10 be amended so as to read as follows:

     Sec. 10. The Judges of the Supreme and Appellate Equity Courts, Circuit Courts, Probate Courts, Inferior Courts established and Chancellors, shall, at stated times, receive for their service a compensation which shall not be diminished or increased, during their official terms, but they shall receive no fees or perquisites or hold any office (except judicial offices) of profit or trust under this State or any subdivision thereof, or of the United States, or any other power, during the term for which they have been elected; provided, that the compensation of the Judges of the Supreme and Appellate Equity Courts shall not be fixed at less than $4,000 per annum, and the compensation of Judges of Circuit Courts and Chancellors shall not be fixed at less than $3,000 per annum.

     That Section 12 be amended so as to read as follows:

     Sec. 12. All Judges of the Circuit, Chancery, City or Probate and other courts, shall be elected by the qualified electors of the State or sub-division thereof for which said courts are established, at such times as may be prescribed by law, and the term of office of each of said judges shall be eight years.

     That Section 17 be amended by adding the following:

     Sec. 17. But in case of the creation of a new judge or chancellor, said judge or chancellor shall be elected at a special or general election, and shall hold his office until the terms of other judges or chancellors expire and until his successor is elected and qualified.

     Referred to Committee on Judiciary.

     Ordinance No. 280, by Mr. J. W. A. Sanford:

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

     That a bureau of Industrial Resources be and the same is hereby established, which shall be under the management of an officer who shall be known as the Commissioner of Industrial Resources. He shall be chosen by the electors of the State at the same time and place at which the people shall elect representatives in the General Assembly, and his term of office shall be of the same duration as that of the Governor of the State.


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     Be it further ordained that the Commissioner of Industrial Resources shall collect and condense statistical information concerning the productive industrialism of the State, and shall make a careful and accurate report annually, relative to the agricultural mining, manufacturing and mechanical pursuits of the people and perform such other duties as the General Assembly may require.

     Referred to the Committee on Executive Department.

     Resolution No. 114, by Mr. J. W. A. Sanford :

     Whereas, in eight States and Territories of the Union the eagle alone, or in combination with other figures form the great seal, and whereas the great seal of this State should be distinctive and symbolic of some event in its history, or of some peculiarity in its topography, or of some characteristic of its people, therefore be it

     Resolved, that a Committee of nine, one from each Congressional District, be appointed by the President of the Convention to suggest and recommend to the Convention a design for a great seal of Alabama, which shall be different from the seal of any other State or Territory

     MR. SAMFORD--I move that the rules be suspended so that that resolution may be passed immediately.

      A vote being taken the Convention refused to suspend the rules.

     THE PRESIDENT--The resolution will be referred to the committee on Rules.

     Ordinance No. 281, by Mr. H. C. Selheimer :

     An ordinance relating to the Judiciary in counties having a population of forty thousand or more.

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

     That the General Assembly shall have the power to consolidate into one court, with as many divisions and judges and clerks thereof as may be deemed necessary, all the courts of record in any county having a population of forty thousand or more, except the Probate Court, and including the Circuit and Chancery Courts of said County, and to regulate and prescribe the practice and procedure in said court.

     Referred to Committee on Judiciary.

     Ordinance No. 282, by Mr. Selheimer:

     To exclude from any limitation upon the indebtedness of municipal corporations, obligations or bonds issued for street improvement, etc.


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

     That obligations incurred and bonds issued by municipal corporations to procure means to pay for street or sidewalk improvements, or storm-water or sanitary sewers, the cost of which is to be assessed against the property abutting on the improvement or drained by the sewers and obligations and bonds secured by mortgage on real estate owned by the municipal corporation, shall not be included in any limitation imposed upon the power of municipal corporations to incur indebtedness.

     Referred to Committee on Municipal Corporations.

     Ordinance No. 283, by Mr. Sentell:

     Be it ordained by the people of Alabama in Convention assembled.

     That Section 7 of Article XIII be amended by adding at the end of said section the following :

     "And there shall be elected by the qualified voters of each County, a County Superintendent of Education, whose power, duties and compensation shall be fixed by law, and whose term of office shall be four years and until his successor is elected and qualified."

     Referred to Committee on Education.

     Ordinance 284, by Mac. A. Smith:

     Be it ordained by the people of Alabama in convention assembled, That Section 23 of Article IV, of the present Constitution of said State, be amended so as to read as follows:

     No special or local law shall be enacted for the benefit of individuals or corporations, in cases which are or can be provided for by a general law, or where the relief sought can be given by any court of this State; nor shall the operation of any general law be suspended by the General Assembly for the benefit of any individual, corporation or association. And any law which does not apply to all the inhabitants, or to all the territory of the State, shall be held to be a special or local law within the meaning of this constitution.

     Referred to Committee on Local Legislation.

     Ordinance 285, by Mr. Mac. A. Smith.

     Be it ordained by the people of Alabama in convention assembled, That the General Assembly of Alabama shall have no power to delegate to individuals or private corporations any authority to levy taxes.


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     Referred to Committee on Legislative Department.

     Ordinance 286, by Mr. Mac. A. Smith.

     Be it ordained by the people of Alabama in convention assembled, That the State of Alabama shall not contract any public debt which the ordinary revenues of the State shall be inadequate to meet at the maturity thereof.

     Referred to Committee on Legislative Department.

     Resolution No. 115, by Mr. Mac. A. Smith (Autauga) :

     Resolved, That it is the sense of this convention that a provision shall be inserted in the proposed new constitution for the State of Alabama limiting the rate of taxation by State, counties and municipalities, and that such rate of taxation shall not exceed the rate now fixed by the present construction but a lower rate shall be fixed if practicable.

     Referred to the Committee on Taxation.

     Ordinance No. 287, by Mr. Thompson (Bibb):

     An ordinance to amend Section 5 of Article XIII of the present constitution.

     Be it ordained by the people of Alabama in convention assembled, That Section 5 of Article XIII of the present constitution be amended so as to read as follows: The income arising from the Sixteenth Section trust fund, the surplus revenue fund, until it is called for by the United States Government, and the funds enumerated in Section 3 and 4 of this Article together with one-third of all of the revenues of the State, shall be applied to the support and maintenance of the common schools of this State, and the General Assembly shall not decrease the funds above provided, but may by a vote of two-thirds of the members thereof increase the same by such sums as the condition of the treasury will warrant, which school fund shall be apportioned to the counties in proportion to number of children in such county within school age, and the sum so apportioned to the counties shall be divided among the children of such county as the best interests of the State may require.

     Referred to Committee on Education.

     Ordinance No. 288, by Mr. Thompson (Bibb):

     An ordinance to provide for the election of Solicitors and county officers and prescribe the term of office.

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


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     Section 1, At the election for State officers in 1904, and each four years thereafter, there shall be elected by the qualified voters of each Judicial Circuit in Alabama a Solicitor, who shall be learned in the law, and who shall, at the time of his election and during his continuance in office, reside in the circuit for which he is chosen, and whose term of office shall be four years.

     Sec. 2. Be it further ordained, There shall be elected by the qualified voters of each county, at the same time as State officers are elected, a Judge of Probate, Clerk of the Circuit Court, Sheriff, Tax Collector, Tax Assessor, Treasurer, County Solicitor and Superintendent of Education, each for a term of four years.

     Sec. 3. None of the officers mentioned in this Article shall be eligible to any office whatsoever for two years next after the expiration of their terms above provided for, except Judges of Probate and Superintendents of Education.

     Referred to Committee on Judiciary.

     MR. WILLIAMS (Elmore)--I yield my turn to Mr. Burns of Dallas.

     Resolution No. 116, by Mr. Burns (Dallas) :

     Resolved, That ex-United States Senator James L. Pugh, ex-Governor Joseph J. Johnston, ex-Secretary of the Convention of 1875, Benj. H. Screws, and the seven surviving members of the last Constitutional Convention be allowed the privileges of the floor.

     Referred to the Committee on Rules.

     MR. SMITH--I desire to make a report for the Committee on Rules.

     The report was read as follows :

     The Committee on Rules reports that it has had under consideration Resolution No. 77, by Mr. Proctor, which reads as follows:

     "Resolved, That the Committee on the Journal shall be entitled to a clerk, to be appointed by the chairman, who shall receive the same per diem as clerks of the other committees.

     "The said clerk shall, when not engaged with said committee, serve any other committee that may need a clerk, or serve the Secretary of this convention, when so required by him."

     And reports favorably upon said resolution and recommends its adoption by this convention.

     On motion of Mr. Proctor, the report was adopted.


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     THE PRESIDENT--The next order of business will be the call of the standing committees.

     The call was begun, but on motion of Mr. Williams (Marengo) was dispensed with.

     THE PRESIDENT--The next order of business is the call of special committees.

     THE CLERK--There are none.

     On motion of Mr. Boone, the convention then adjourned.

________

CORRECTION

     In resolution No. 204, by Mr. Wilson (Washington) the word "desire" should be "reside."

     In proceedings of Tenth Day, at top of fourth column, there should be inserted the following :

     MR. BULGER--I raise the point of order on the objection of the gentleman from Montgomery that his objection comes too late--leave has already been granted.