357

____________

TWELFTH DAY
_______

                                        MONTGOMERY, ALA.,
                                        Wednesday, June 5, 1901.

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

     O God, our Heavenly Father, it is again with glad and thankful hearts we come before Thee, to invoke Thy blessings. We thank Thee for all the blessings Thou hast so freely given us. The years have been full of Thy mercy and Thy love. We thank Thee that Thou hast cared for us and guarded us and helped us and given us so much to make life bright and happy and useful. We thank Thee that Thou didst so love the world as to give Thine only begotten Son that whosoever believeth in Him should not perish, but should have everlasting life. We thank Thee for everything Thou dost permit us to do for the advancement and for the glory and for the uplifting of our fellow men. We pray Thy blessings upon the session of this convention today, and grant that these, thy servants, who come from every quarter of the State may come with a deep sense of their respective responsibility and


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of the glorious opportunities before them. Help them in all their deliberations, to be wise, earnest and faithful, laying aside all personal motives and all partisan spirit, striving together for those things that shall promote the interest of our State and of our people. We pray Thee that they may do the wisest and best things; that they may be guided by Thine own wisdom. Bless every member of the convention; bless all the homes from which they come. May Thy Holy Spirit keep charge over us in all our work, and use us for Thine own glory, for Jesus's sake. Amen.

     MR. SANFORD--I rise to a question of personal privilege.

     THE PRESIDENT--The gentleman will state the question of privilege.

     MR. SANFORD--I find in The Advertiser of this morning, in speaking of the various resolutions and ordinances that were introduced on yesterday, it says that General Sanford of Montgomery seeks to have a committee raised to draft a new design for a State "steal," instead of a State seal. (Laughter). I have received applications from two honest and honorable gentlemen for places in that organization. I assure them and you, that I have no such enterprise in the world on hand. (Laughter).

     THE PRESIDENT--A very unfortunate typographical error.

     The Secretary called the roll, and 126 delegates responded.

     MR. SANFORD--I am requested by the Hon. James E. Cobb, who is sick, to ask leave of absence for him for today.

     The leave was granted.

     MR. HARRISON -- I beg to ask leave of absence for Mr. Renfroe for today.

     The leave was granted.

     MR. ROGERS (Lowndes)--I request leave of absence for Mr. Ledbetter for two days.

     The leave was granted.

     MR. WILLIAMS (Marengo)--I ask leave of absence for today for Mr. Williams of Elmore, who is sick at his hotel.

     The leave was granted.

     MR. JACKSON--I desire to state that I was absent yesterday from the Convention on account of sickness.

     The leave was granted.

     MR. LOCKLIN--I desire to ask leave of absence for Mr. Morrisette for three days, on account of sickness.


359

CONSTITUTIONAL CONVENTION, 1901

     The leave was granted.

     MR. HOOD--I ask leave of absence for Mr. Davis of Etowah for today.

     The leave was granted.

     MR. SENTELL--I wish to ask leave of absence for myself for tomorrow.

     The leave was granted.

     MR. SANDERS--Mr. Henderson of Pike requests leave of absence for today.

     The leave was granted.

     MR. WEAKLEY--I desire to ask leave of absence for myself for tomorrow.

     The leave was granted.

     MR. MACDONALD--I desire to ask leave of absence for Mr. Jones of Montgomery for today.

     The leave was granted.

     THE PRESIDENT--The next order of business will be the report of the committee on the journal.

     MR. PROCTOR--The stenographic report shows that ordinance No. 276 referring to municipal corporations introduced by Mr. Whitesides, was referred to the Committee on Corporations, when in fact it was referred to the Committee on Municipal Corporations. With that exception the Journal is correct.

     THE PRESIDENT--The Chair has examined that question somewhat and thinks perhaps the stenographic report is correct. The Chair intended to refer it to the Committee on Municipal Corporations, but the Journal Clerk and Stenographer both say it was referred to the Committee on Corporations, so I think possibly they are correct and is was improperly referred. The reference will be changed to Municipal Corporations.

     The report of the Committee on journal was read, stating that the Journal was correct. On motion of Mr. Heflin of Randolph, the report was adopted.

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

     MR. BOONE--One moment. Mr. Chairman, I move that the reading of the journal be dispensed with.


360

OFFICIAL PROCEEDINGS

     THE PRESIDENT--There is a standing rule that has been adopted by the Convention, that the reading of the Journal be dispensed with, unless the reading is demanded by some member.

     MR. BOONE--I withdraw the motion.

     The report of the Committee on Rules was submitted and read as follows:

     The Committees on Rules beg leave to report that they have had under consideration the resolutions hereinafter mentioned, and beg to report thereon as follows:

     The Committee reports adversely to resolution number 86, introduced by Mr. Long of Walker, and recommends that it be not adopted by the Convention. Said resolution reads as follows:

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

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

     Whereas, The stenographic reports as published show many errors, therefore.

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

     The Committee reports favorably on resolution number 105, introduced by Mr. Searcy of Tuscaloosa, and recommends its adoption by the Convention. Said resolution reads as follows:

     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 seventy dollars for each working day of the Convention for such stenographic report, and whereas there is now no authority in the 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 whatsoever 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 be due for such purpose by the President and Secretary of the Convention.


361

CONSTITUTIONAL CONVENTION, 1901

     The Committee reports back to the Convention resolution number 83, introduced by Mr. Pettus of Limestone, without recommendation on its part, for the action of the Convention.

     The Committee reports back to the Convention resolution number 87, introduced by Mr. Vaughan of Dallas, without recommendation on its part, for the action of the Committee.

     The Committee reports back to the Convention resolution number 102, introduced by Mr. Henderson of Pike, without recommendation on its part for the action of the Convention.

     The Committee reports as a substitute for resolution number 97, introduced by Mr. Winn of Barbour, the following resolution, and recommends its adoption by the Convention.

     Resolved, That it is the sense of this Convention that each ordinance offered shall contain but one subject matter, which shall be clearly expressed in the title, so that the same may be properly referred to the appropriate committee.

     The Committe reports adversely to resolution number 101, introduced by Mr. Watts of Montgomery, and recommends that it be not adopted by the Convention, for the reason that its purpose is covered by rule number 47. Said resolution reads as follows :

     Resolved, That whenever either of the committees hereafter appointed, except the Committee on Rules, on Journal, and procuring ministers, is ready to report, the chairman thereof shall hand the said report to the Secretary of this Convention, who shall cause the said report to be printed and a copy thereof placed upon the desk of each member of the Convention before the said report is considered.

     2. That when any such report comes up for consideration by the Convention, each section or paragraph of said report shall be considered separately.

     The Committee herewith returns to the Convention the resolutions herein-above referred to.

     By Mr. Smith--In connection with the report, I call attention to Rule No. 47. I desire by way of explanation to read that rule :

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


362

OFFICIAL PROCEEDINGS

or section shall lie on the table at least one day and until in regular order it shall be taken up for consideration by the Convention. I now move the adoption of the report of the Committee.

     MR. REESE--Mr. President, I desire to ask the gentleman from Mobile a question. Does that rule provide what shall be done in case there is a minority report?

     BY MR. deGRAFFENREID--There is another rule that does.

     THE PRESIDENT--There is a rule that requires that to be printed also. The Chair will call the attention of the gentleman to rule 51 which covers that point.

     BY MR. WATTS--I admit that Rule 47 covers almost all of the gist of my resolution, but there is one part of it that Rule 47 does not cover, and that is, that when those reports are made and read, they shall be considered section by section, and it seems to me that unless there is some other rule to which the Committee can refer me, this Convention ought to adopt a rule which will require the reports of Committees to be considered section by section and not as a whole. If there is such a resolution, of course the Committee is right.

     Without yielding the floor I would like to ask in regard to the resolution offered by myself, what effect does the adoption of the report have on the resolution introduced by me? Under rule 47, does it have any regard to an adverse report.

     BY MR. SMITH (Mobile)--My understanding is, the report would simply carry that resolution to the Convention. That is the recommendation of the Rules Committee. It was of course adversely reported.

     MR. LONG (Walker)--Does it lay the adverse report over one day or indefinitely?

     MR. SMITH (Mobile)--The adoption of the report, I take it, would be concurring in the report of the Committee that it be not adopted.

     MR. LONG (Walker)--Mr. President, I move that the report of the Committee upon the resolution introduced by myself, No. 86, which seeks to abolish the contract for a stenographic report, be taken up and that the resolution be put upon its passage, if I can meet with a second, the Committee on Rules to the contrary notwithstanding.

     The motion was seconded.

     MR. OATES--I do not see how that motion is in order when the report of the Committee is before the House, and involves that very identical question.


363

CONSTITUTIONAL CONVENTION, 1901

     THE PRESIDENT--The question before the House is on the motion to adopt the report.

     MR. LONG (Walker)--I offer this as a substitute and I have met with a second. I think I have the floor.

     THE PRESIDENT--The gentleman from Walker has the floor. What was the motion? The Chair has not heard the motion.

     MR. LONG (Walker)--I move, and offer the motion as a substitute for the motion made by the Chairman of the Committee on Rules, that the report of the Committee on Resolution No. 86 be taken up, and the resolution be put upon its passage, the report of the Committee on Rules to the contrary notwithstanding.

     THE PRESIDENT--The gentleman from Walker moves as a substitute--for the entire report, or that part only?

     MR. LONG (Walker)--No, sir; that part of the report which relates to Resolution No. 86.

     MR. OATES--Mr. President, the gentleman cannot offer it as a substitute, but he can move to amend as to that part.

     MR. LONG (Walker)--I am always thankful for information and I shall move then to amend. Not being a lawyer I am not so well posted.

     THE PRESIDENT--The gentleman from Walker moves to amend that part of the report which refers to Resolution No. 86. To what extent does the gentleman move to amend?

     MR. LONG (Walker)--I move the adoption of Resolution No. 86.

     THE PRESIDENT--Will the gentleman put his motion in writing?

     MR. HARRISON--What is the question now before the Convention?

     THE PRESIDENT--The question is on the motion of the gentleman from Walker to amend the report of the Committee on Rules.

     MR. HARRISON--Mr. President, I move to lay that motion on the table.

     Seconded.

     MR. LONG (Walker)--I rise to a point of order. I had not yielded the floor, and notice was given on last Saturday that I would call up this resolution on last Monday, and, through respect


364

OFFICIAL PROCEEDINGS

to members on this floor, I put the motion off until Wednesday. The world has been notified of the fact that we would take it up.

     THE PRESIDENT--The chair is of the opinion that the gentleman had not yielded the floor. The chair merely asked the gentleman to reduce the motion to writing.

     MR. LONG (Walker)--Now that this amendment is offered, I shall ask the ruling of the chair on the validity of the contract as originally made on May 24th, and call the attention of the chair to the fact that the Constitution of the State of Alabama says that no debt shall be contracted except by an aye and no vote, and I further call the attention of the chair to the fact that I called for the aye and no vote, which was denied. I further call attention to the fact that there was no aye and no vote taken upon the resolution which was adopted, providing for this stenographic report, and I call for a ruling of the chair upon the validity of the contract as it now exists.

     MR. BROOKS--I rise to a parliamentary inquiry. I understand that the chairman of the Rules Committee has made a report on several resolutions and motions that had been referred to that committee; is that so?

     THE PRESIDENT--That is correct.

     MR. BROOKS -- Now, then, sir, I move a division of the question. There are some seven or eight matters, some of them very important, which have been reported by the Committee on Rules, and the motion now is for this convention to take there up as a whole, and either adopt them or reject them. Now, sir, I move that we divide the report so as to take up each separate resolution which was referred to them, and upon which they have made a report, and then it will be time for the gentleman from Walker to introduce his motion in regard to the resolution which he offered, and which was referred to the committee.

     THE PRESIDENT--The gentleman from Mobile moves that the question upon the adoption of the report be divided and that each resolution be taken up seriatim.

     MR. OATES--I am apprehensive that the delegate--

     MR. LONG (Walker)--I have the floor.

     MR. OATES--I rise to a question of order. I am not taking the gentleman off the floor at all.

     THE PRESIDENT--The gentleman from Walker has the floor unless he yields it for the entertainment of a motion.

     MR. BULGER--I rise to a parliamentary inquiry.


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CONSTITUTIONAL CONVENTION, 1901

     THE PRESIDENT--The gentleman from Montgomery rose to the same question.

     MR. OATES--I was going to say that I am apprehensive that the delegate from Mobile does not understand the present attitude of the question. The point of order was made against the motion by the delegate from Walker, as to the report as a whole, and he is now preparing a motion to amend that report by striking out what relates to his resolution, and substituting the resolution. That is the motion which he is reducing to writing, and which is before the convention.

     MR. BROOKS--Mr. President, in answer to the gentleman--

     THE PRESIDENT--The gentleman from Walker has the floor on that proposition, unless he yields. The chair cannot entertain another motion.

     MR. BROOKS--I would like to be recognized when the gentleman from Walker is through.

     MR. BULGER--I rise to a parliamentary inquiry.

     THE PRESIDENT--State the question of inquiry.

     MR. BULGER--I would like to ask if Rule 47 operates on a resolution reported by the committee, just as it does on an ordinance reported by the committee.

     THE PRESIDENT--The chair's understanding is and ruling would be that it does not. The Secretary will read the amendment proposed by the gentleman from Walker.

     The amendment was read as follows:

     "To amend the report of the Committee on Rules, as to resolution No. 86, by striking out the adverse report of Resolution No. 86, and substituting therefor the favorable recommendation of said resolution, and placing the same upon its passage."

     MR. WHITE--I rise to a point of order.

     THE PRESIDENT--The gentleman will state his point of order.

     MR. WHITE--It seems to me that would be the convention making a report for the committee. That committee has the responsibility for its own report. The convention may adopt or reject its report, but I make the point of order that we cannot make a report for the committee.

     MR. LONG (Walker)--I make the point of order that that is: an amendment asked for by the Chair. I was trying to carry out the good suggestions made by the distinguished lawyers, who,


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OFFICIAL PROCEEDINGS

seem to have technical ideas in mind. I was trying to cover all the wise suggestions that have been made--

     THE PRESIDENT--The Chair is of the opinion that the gentleman can move to amend the report, so as to call for the adoption of the resolution instead of its rejection.

     MR. WHITE--I rise to another point of order, and it is this; that the effect of that motion is to reconsider the resolution by which this convention decided to have a stenographic report, and it cannot be made at this time, and it could not have been made at the time the gentleman from Walker made it because one entire day had elapsed from the time of the adoption of the resolution.

     MR. LONG (Walker)--This is a separate resolution.

     THE PRESIDENT--The Chair would rule, and the contract made with the stenographer provides, that the contract may be rescinded in case it is not complied with, and the resolution recites certain alleged failures on the part of the stenographer to comply with the contract; therefore, it would be in order, if the convention saw fit, to rescind the contract, although it would not now be in order to reconsider the original resolution.

     MR. REESE--I rise to make a point of order.

     MR. REESE--The question before the convention is the report of this committee. There are several matters treated of in that report, which are capable of division, and upon which separate votes should be taken. Under Rule 37, the gentleman from Mobile has called for a division of the questions contained in that report, and he is entitled to that division as a matter of right, and the gentleman's amendment is therefore out of order to the whole report.

     MR. WILSON (Clarke)--That proposition would undoubtedly be correct if the gentleman from Mobile had been entitled to the floor, but the gentleman from Walker had the floor, and still has the floor and the gentleman from Mobile could not be recognized to call for a division of the question. Whenever he could get the floor he could call for the division.

     THE PRESIDENT--That was the former ruling of the Chair and will be adhered to, unless the gentleman from Walker yields the floor.

     MR. LONG (Walker)--Mr. President, I have no desire to take up the time of this House, neither have I any apologies to make for offering a resolution that seeks to save to the tax payers of Alabama $70 a day, on. a contract, an illegal contract, made without an aye and no vote in this assembly, although called for by myself. A contract that, had it been legal and if there was any excuse for it, is certainly null and. void on account of the errors,


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CONSTITUTIONAL CONVENTION, 1901

the numerous errors that have existed in that report from the first day, on May 24, until the present time. A report that is so full of errors, that the numerous corrections are almost equal to the numerous leaves of absence that are asked here by members daily upon this floor. A report that makes it May 28th twice in the same month, although three days apart in the proceedings. A report that makes a minister of the gospel advocate 50 cents for mileage instead of 5 cents, as the distinguished gentleman from Cleburne was made to appear by this report.

     A report, Mr. Speaker, that is without a fact and precedent in the State of Alabama; that is gotten up, in my humble judgment, for no other purpose than to air the great set speeches by the members upon this floor, at any expense of $70 a day, when on the markets of Alabama those same set speeches would not sell any where, three for a dime. (Laughter.)

     Why, Mr. Speaker, the only smart thing I have said at all in this convention, is credited to another man than myself. (Laughter.)

     I would probably ask for a correction of that report, but I do not desire to take any laurels from his crown. I am willing to let him have it as they have it reported.

     Why, my resolution has certainly done some good, Mr. Speaker, whether it is adopted by this Convention or not--they are now getting the dates right, which is some improvement.

     Now, then let us reason together as business men; let's look at these facts as they exist, not as our ambitions would dictate, but the principles, and the business principles of Alabama, and the tax payers' interests of the State. Let us look this matter fairly in the face. I have investigated it some and I am prepared to state, in answer to a direct question, that the Clerk of this House states to me, without one dollar more expense, that he can furnish a carbon copy of every resolution, and every report of a committee, to the printers at 6 o'clock in the afternoon, and the printers will publish that in pamphlet form, not exceeding 40 to 60 cents per page, and thirty pages is the most that any of the proceedings of this Convention would amount to up to today. Therefore, he can publish it, an exact copy of the Journal, at an expense not exceeding $15 a day, instead of $72 per day.

     Something has been said, and a hue and cry will be raised that we are bound to stand by our contract, that once made we should stand by it. I believe, Mr. President, in standing by any proposition that is fairly made, whether just or unjust; I believe in paying all debts, private, State, gambling debts, and everything else that are made; but, I contend that this contract has been violated, and gentlemen, the bond given for the faithful performance


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OFFICIAL PROCEEDINGS

of the contract should be declared null and void, and we should pay them up to date and let them go.

     Now, Mr. Speaker, there has been a great deal of wisdom set forth in the many resolutions that have been offered upon this floor. Midnight oil been burned time and again, and the result has been the birth of some resolutions here, relating to dog laws, relating to stock laws and fixing the time that a man who has been relieved from a troublesome woman shall remain single, seven years before he shall be entitled to another draw from the matrimonial basket. (Laughter.) Now, Mr. Speaker, you may just as well say a man shall stay single ten years before he goes courting, as that he shall stay single four years before he gets married again.

     I believe that the publication of these stenographic reports, that are sent broadcast over the State daily, is the cause of many such unwise resolutions as those to which I refer. I believe, Mr. President, that it is largely due to these reports. Why, sir, you can watch the members here, each one of them, and I am probably as guilty as the balance, and the first thing when they get The Advertiser after introducing a resolution or an ordinance on the day previous, is to turn to their resolution and swell with pride like a toad frog swells with wind. (Laughter.) They will be unanimous in their verdict, I am a statesman true and great, I wonder why haven't the people of Alabama found it out before. Great indeed have been many of the resolutions which have been introduced here, and foolish indeed will be the people, after reading it at any expense of seventy dollars a day, if they do not recognize our greatness in furnishing them such literature to read.

     A friend of mine in Birmingham recently told me that he thought the object of the stenographic report was to put so much that was foolish in it that the people wouldn't read it. I told him no; that I believed the object was to have so many errors in it that a man could deny anything that he said.

     It is certainly one or the other of these reasons why the gentlemen insist upon the adoption of such a motion. Take the history of the case. Why a motion was made here, before the Convention was fairly settled, and fairly organized, for a special committee to be appointed to draft such work. I doubt not but that every member on this floor had received various communications, looking forward to the adoption of this thing before the meeting of the Convention. It has been charged in some of the newspapers in Alabama that I had a set speech for just such an occasion as this, and that some of the set would set down on me, but this is not the case as set. The only set that I want set, is to be set opposite the subsidized set, upon a setting that costs seventy dollars a day, set in cold type, set by a certain subsidized set, and for the benefit of a privileged set upon this floor (Applause.)


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CONSTITUTIONAL CONVENTION, 1901

     Mr. President, the stenographic reports are great, indeed, and great indeed will be the reading of many things which they contain in the days to come. They will wonder why so many great men differed in framing a Constitution, so widely and every little thought and expression published in the record, will be but cudgels in the hands of the enemies of the Constitution, to fight us in the battle for its ratification, and the fight for its sustainment in the Supreme Court of the United States.

     It has been charged that I and others are afraid to go on record. I may have been called everything on this earth, but I have never been justly called a coward. I am not afraid to go before the whole people with anything that I say. But, sir, it is my love of them that makes me object to forcing them to read such foolish expressions that myself and others in this convention may make, especially at an expense of seventy dollars per day. There can be no good reason given why we should longer ratify or confirm a contract that is full of errors, from start to finish, when we can do the same work at a saving of about fifty-five dollars a day.

     Again, you can let the Brown Printing Company, or others, publish this in pamphlet form, when we have the journals published, and we can have the journals of this convention published at least thirty days earlier than can otherwise be done, and there is not a printer in the sound of my voice but what knows this is the fact.

     I yield gracefully to a majority, provided the majority is right, and provided that the resolution that they adopt is legal. I contend that the whole thing is null and void. As great as we are, as great as this convention is, we have no right to appropriate money and put this useless debt upon the people of Alabama without an aye and no vote. If we can do it for seventy dollars per day, we can do it for seven million dollars per day.

     I am not a lawyer, not even a constitutional lawyer, and they are the most common of all lawyers. Why, sir, whenever they begin to speak of an old man that lives in any of the villages or towns of Alabama, they ask how the old fellow is getting along and if he is doing a good law practice, and some fellow says no, he has not a good practice, but he is a very fine constitutional lawyer.

     Now, Mr. President, I do not desire to take up longer time upon this argument, and, in the language of John Allen, who once said in Congress, having answered all of the opposition and all of the claims of the opposition to this measure, I am ready to receive the congratulations of my numerous friends for this privilege, and I thank you, Mr. President, and I give notice that I may have something to say in regard to some of the statements that will be made upon this floor, as the mover of this resolution.


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OFFICIAL PROCEEDINGS

     MR. HARRISON--The delegate from Walker having had his say, the convention having heard this matter discussed, and having seen the practical operation of the resolution he seeks to repeal, I now move to lay his motion on the table.

     MR. LONG (Walker)--And on that I call for the ayes and noes.

     The President stated the question was upon the motion of the gentleman from Lee to lay the amendment of the gentleman from Walker on the table. A reading of resolution No. 86 was called for by Mr. Sanford, and the resolution was again read.

     THE PRESIDENT--Is the call for the ayes and noes sustained?

     MR. LONG (Walker)--I ask for the reading of Rule No. 36, that the members on this floor may know that it takes thirty delegates to sustain a call for the ayes and noes.

     Rule 36 was read as follows:

     "The ayes and noes shall only be ordered when the call therefor is sustained by thirty delegates."

     THE PRESIDENT--The question is on the motion of the gentleman from Lee to lay the amendment of the gentleman from Walker.

     MR. LONG (Walker)--I called for the ayes and noes.

     THE PRESIDENT--The Chair called upon the convention to know if the call for the ayes and noes was sustained and saw no gentleman rise.

     Thereupon the call for ayes and noes was sustained by thirty-two delegates rising.

     The question being upon the motion to table the amendment of the gentleman from Walker (Mr. Long) the vote upon roll call resulted as follows:

AYES.

Messrs. President,

Byars,

Espy,

Altman,

Carmichael, of Coffee,

Ferguson,

Banks,

Carnathan,

Fitts,

Bartlett,

Case,

Foshee,

Bethune,

Coleman, of Greene,

Foster,

Blackwell,

Carmichael, of Colbert,

Freeman,

Boone,

Cornwall,

Gilmore

Brooks,

Craig,

Graham, of Montgomery,

Browne,

deGraffenreid,

Graham, of Talladega,

Bulger,

Eley,

Greer, of Calhoun,

Burnett,

Eyster,

Handley,

                                                       


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CONSTITUTIONAL CONVENTION, 1901

                                                        

Harrison

NeSmith

Sloan

Heflin of Chambers

Norwood

Smith of Mobile

Hodges

Oates

SmithMorgan M.

Hood

O'Neal of Lauderdale

Sollie

Howell

O'Neill of Jefferson

Spears

Jackson

Palmer

Stewart

Jones of Hale

Parker of Cullman

Studdard

Jones of Wilcox

Parkerof Elmore

Tayloe

Knight

Phillips

ThompsonKyle

Pillans

Vaughan

Leigh

Pitts

Waddell

MacDonald

Porter

Walker

McMillan of Baldwin

Proctor

Watts

McMillan of Wilcox

 

Reynolds of Chilton

Weakley

Martin

Rogers of Sumter

Weatherly

Maxwell

Sanders

White

Merrill

Searcy

Whiteside

Miller of Wilcox

Selheimer

Wilson of Clarke

Mulkey

Sentell

Winn.

Murphree

                                                                  TOTAL--91.
                                                        

                                                                                                                   NOES.

Almon

Haley

Moody

Ashcraft

Heflin of Randolph

Opp

Barefield

Howze

O'Rear

Beavers

Inge

Pearce

Beddow

Jones of Bibb

Pettus

Burns

Kirkland

Reynoldsof Henry

Cardon

Locklin

Robinson

Chapman

Long of Butler

Rogers of Lowndes

Cofer

Long of Walker

Sanford

Coleman of Walker

Loweof Jefferson

Smith

Mac A.

Davis of DeKalb

Lowe of Lawrence

Spragins

Duke

Malone

Williamsof Barbour

Fletcher

Miller of Marengo

Williams of Marengo.

Grayson

 

                                                                Total--40.


                                                                                                  ABSENT OR NOT VOTING.


                                                        

Cobb,

Hinson,

Norman,

Cunningham,

Jenkins,

Reese,

Davis, of Etowah,

Jones, of Montgomery,

Renfro,

Dent,

King,

Samford,

Glover,

Kirk,

Sorrell,

Grant,

Ledbetter,

Willett,

Greer, of Perry,

Lomax,

Williams, of Elmore,

Henderson,

Morrisette,

 

Wilson, of Washington,

 

 

                                                                 Total--24.


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     MR. COLEMAN (Greene)--I desire to make a statement in reference to my vote. I opposed the adoption of the resolution providing for the employment of stenographers, but the contract has been made and I think the convention should carry it out. I therefore voted aye.

     MR. deGRAFFENREID--I desire to explain my vote. I was not here when this contract was authorized, by the vote of this convention, if I had been present I would have voted against it, but as the contract has been made, I now vote to sustain it.

     MR FOSTER--I rise to a point of order. A vote cannot be explained without a suspension of the rules.

     MR. deGRAFFENREID--The explanation has already been made.

     The President announced that by a vote of 91 ayes, 40 noes, the amendment offered by Mr. Long is laid upon the table.

     THE PRESIDENT--The question recurs upon the adoption of the report of the committee.

     MR. BROOKS--I now ask for a division of the question so as to take up every separate resolution, or series of resolutions reported by the committee.

     MR. OATES--I think if the delegate from Mobile would give attention to the fact, there is no dissent from the report at all, except upon the point that has just been settled, so why not act upon the report as a whole

     MR. BROOKS--I differ entirely with the gentleman from Montgomery. There may be a great deal of dissent. There are some resolutions which the committee report back without action, for the action of the convention; some are reported adversely and some favorably, and I do not see how we can act intelligently upon the whole report unless we have a division. I simply under my privilege as a member of the convention, under this rule, I ask for the division.

     THE PRESIDENT--In the opinion of the Chair the gentleman is entitled to have a division of the question. The secretary will read the first resolution reported.

     The resolution was read as follows:

     The Committee reports adversely to Resolution No. 86 introduced by Mr. Long of Walker, and recommends that it be not adopted by the convention. Said resolution reads as follows "Whereas a resolution making an appropriation from the State Treasury of $70 a day for a stenographic report of the proceedings of the Constitutional Convention was passed by this body without an aye and no vote, and


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

     Whereas, the stenographic reports as published show many errors, therefore,

     Be it resolved, That the President of this convention be axed he is hereby requested to immediately cancel the contract for stenographic report, after paying all the expenses by the State connected therewith, to the date of cancellation.

     THE PRESIDENT--What will the convention do with this part of the report?

     MR. BROOKS?I move its adoption.

     The motion was seconded and carried.

     The next section of the report was read as follows:

     The committee reports favorably on resolution No. 105, introduced by Mr. Searcy of Tuscaloosa, and recommends its adoption by the convention:

     Resolved, That whereas, this convention has made a contract with Mr. Pat McGauly for stenographic reports of the proceedings of this convention, wherein it was agreed to pay said McGauly $70.00 for each working day of the convention for the 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 whatsoever 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 be due for such purpose by the President and Secretary of the Convention.

     THE PRESIDENT--What will the convention do with this part of the report?

     MR. KNIGHT--I move its adoption.

     The motion was seconded and carried.

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

     THE PRESIDENT--The gentleman will state the inquiry.

     MR. ASHCRAFT--Rule 47 provides that if any ordinance is reported by a committee it shall be printed. Of course we are going to approve this part of the report, but I rise to inquire if it will be competent for the convention to suspend the rules and put this ordinance upon its passage, after it has laid over for one


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OFFICIAL PROCEEDINGS

day as required, or will we have to have it printed? I do not suppose there is a gentleman on the floor who would care to have this particular ordinance printed. I rise to know whether we are obliged to have it printed.

     THE PRESIDENT--The chair does not understand that this is an ordinance. It is in the form of a resolution and consequently the rule would not apply.

     MR. ASHCRAFT--It says "Be it ordained by the people of Alabama." It is an ordinance which was proposed to the convention and which is now favorably reported by the committee.

     MR. COLEMAN (Greene)--Mr. President, "ordinance" only refers to changes or amendments in the Constitution.

     THE PRESIDENT--That is the understanding of the chair, without regard to what it might be called. The rule requiring ordinances to be printed does not apply to resolutions. The chair would hold that this proposition might be put on its passage without printing.

     MR. BURNETT--The rule says ordinances, and it seems that this is a resolution.

     The report of the committee on resolution No. 105 was again read, and, upon motion, the report of the committee thereon was unanimously adopted.

     THE PRESIDENT--The Secretary will read the next section of the report.

     The section was read as follows:

     "The committee reports back to the convention No. 83, introduced by Mr. Pettus of Limestone, without recommendation on its part, for the action of the convention."

     Resolution No. 83 was read as follows:

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

     MR. PETTUS--I submit that that is the practice in the General Assembly, and it is a rule that this convention will be forced to adopt to save time if the flood of ordinances continues after the committees begin to report. Of course, just at this time, since the introduction of ordinances and resolution is the principal business before us, there is no necessity for it, and I will move to recommit


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that to the Committee on Rules to report it to the convention when it becomes necessary in order to save time.

     A vote being taken, the motion to re-commit was lost.

     MR. HOWELL--If it is in order, I move the adoption of that report. It is simply an open and shut case. That is the uniform custom in the General Assembly, and as these resolutions are printed in the daily reports of the convention, I see no reason why that should not be adopted at once.

     THE PRESIDENT--The gentleman from Cleburne moves that this part of the report be adopted.

     MR. CARMICHAEL (Colbert)--If that part of the report is adopted, the stenographic report which this convention has contracted for would be of very little service to the convention, unless other rules were adopted requiring the stenographer to include in his report the resolutions and ordinances which were not read but which were introduced. I, therefore, think the resolution ought not be adopted.

     THE PRESIDENT--The motion was not to adopt the resolution, but adopt the report of the committee with reference to the resolution--to concur in the report of the committee.

     MR. BROWNE--What was the report of the committee on that subject?

     THE PRESIDENT--The committee reported it back to the convention without recommenclatlon.

     MR. BROWNE--Then I submit there is nothing before the House.

     THE PRESIDENT--The report of the committee is before the House and a consideration of it is being had section by section---that has been demanded, and that part of the report of the committee is before this body.

     MR. OATES--I understand the report of the committee is non-action on that resolution.

     THE PRESIDENT--Simply to report it back to the convention.

     MR. OATES--Then we don't need a resolution of concurrence to get rid of it.

     THE PRESIDENT--The motion of the gentleman from Cleburne was to concur in the report.

     A vote being taken, this section of the report of the committee was concurred in.

     MR. ROBINSON--I offer an amendment.


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OFFICIAL PROCEEDINGS

     THE PRESIDENT--The question is what will the convention do with the resolution of the gentleman from Limestone?

     MR. PETTUS--I desire to offer an amendment to the resolution.

     The amendment was read as follows:

     "Amend by adding `Provided, however, that the daily stenographic report shall set out all ordinances and resolutions introduced in full."

     MR. ROBINSON--That was the amendment I offered.

     THE PRESIDENT--The gentleman from Limestone offered the same amendment.

     MR. OATES--I rise to a parliamentary inquiry. Is the resolution in the report which has just been concurred in before the convention at all? The committee referred it back without recommendation. How did it get before the convention?

     THE PRESIDENT--The chair understands the committee reported the resolution back to the convention---

     MR. OATES--But without recommendation and how did it get before the Convention for consideration?

     THE PRESIDENT--It was a part of the report of the Committee on Rules.

     MR. OATES--Not for consideration, however. That part of the report of the Committee has been concurred in by the Convention but---

     THE PRESIDENT--The Secretary will read that part of the report.

     The Secretary read as follows : "The Committee reports back to the Convention Resolution No. 83, introduced by Mr. Pettus of Limestone, without recommendation on its part for the action of the Convention."

     MR. OATES--And the action of, the Convention has been had by concurring in that part of the report and the resolution failed and is not by the report of the Committee before the Convention for consideration at this time.

     MR. PETTUS--I rise to a point of order.

     THE PRESIDENT--The delegate from Limestone will please state his point.

     MR. PETTUS--I submit to the distinguished gentleman from Montgomery that the report of the Committee on Rules is that this resolution be referred back without recommendation "for the action of the Convention."


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     MR. OATES--It don't use that language.

     MR. PETTUS--I understand that is the language.

     THE PRESIDENT--That is the language of the Committee, "for the action of the Convention."

     MR. PETTUS--I then moved to refer that back to the Committee to report it to the Convention whenever a necessity for it arose. The Convention voted that down and then voted to accept the report of the Committee on Rules, which brings the resolution up for the immediate action of the Convention. I submit to the Chair if I do not correctly state the situation.

     THE PRESIDENT--That is the ruling of the Chair.

     MR. BLACKWELL--I rise to make a parliamentary inquiry, and it is as to the attitude of this resolution. It is now here before the Convention, as I understand it.

     THE PRESIDENT--It was reported by the Committee without recommendation.

     MR. BLACKWELL--Then the point of order I would make is that unless the rules are suspended no resolution can be voted upon.

     THE PRESIDENT--The Chair is of the opinion that the point of order is not well taken. The Committee on Rules reports this resolution back expressly for action by the Convention inasmuch as the Committee on Rules did not see fit to take the responsibility of making any recommendation. It is referred back "For action by the Convention." That is the purpose for which it is brought here and the question is on the adoption of the motion to amend made by the gentleman from Limestone.

     MR. HARRISON--That amendment was offered by the gentleman from Chambers.

     THE PRESIDENT--The gentleman from Limestone caught the eye of the Chair and proposed the identical amendment which the gentleman from Chambers intended to propose. The Chair recognized the gentleman from Chambers to offer his resolution and the Chair understood him to say it was covered by the amendment offered by the delegate from Limestone.

     MR. MALONE--I regard that as the most dangerous resolution that has been offered in this Convention, and I move that it be laid on the table.

     Upon call, the original resolution of Mr. Pettus and the amendment was again read.


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OFFICIAL PROCEEDINGS

     MR. CHAPMAN--I rise to a point of parliamentary inquiry.

     THE PRESIDENT--The gentleman will please state the point.

     MR. CHAPMAN--As I understand it the question before the House is a report from the Committee on Rules. I ask now if the action of the Convention is not complete on that report of the Committee?

     THE PRESIDENT--The Chair does not so understand it. The resolution was reported to the Convention by the Committee for action.

     MR. CHAPMAN--Yes. As I understand it, Mr. President, the Convention has not completed its action upon the report of the Committee on Rules. It is true the Committee reports this matter back to the Convention for action, but it does not say that the action of the Convention shall be injected into the report of the Committee on Rules as a part of that report. It seems to me that the action on this matter should be postponed until the Convention has completed its action on the report of the Committee on Rules. We are here taking up a matter and injecting it as part of the action of the Committee on Rules, as final, during the pendency of action on the report of the Committee on Rules, and I think, if the Convention pleases, that we must first finish the action upon the report of the Committee on Rules and then we can take tip the matter of this resolution of the gentleman from Limestone.

     MR. HEFLIN (Chambers)--I make the point of order that a division of the report has been called for and this resolution be reported without recommendation by the Committee on Rules, is the property of the House.

     MR. CHAPMAN--But the report of the Committee on Rules does not say that the House shall act on it while the House is acting on the report of the Committee on Rules. It is true it can be taken up immediately after the matter before the House, which is the report of the Committee on Rules, is finally acted on.

     THE PRESIDENT--The Chair will rule that the resolution is before the Convention, having been brought before the Convention by the action of the Committee on Rules in reporting it to the Convention "for action," and the question is on the motion to table the resolution offered by the gentleman from Henry.

     A vote being taken, the motion to table was carried.

     THE PRESIDENT--The Secretary will read the next section of the report.

     The Secretary read as follows: "The Committee reports back to the Convention Resolution No. 87, introduced by Mr. Vaughan


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of Dallas, without recommendation on its part for the action of the Committee."

     THE PRESIDENT--The Chair would call the attention of the Chairman of the Rules Committee to the fact that there seems to be a typographical error in this section of the report of the Committee in report back this resolution for the action of the "Committee" I presume it was meant to the "Convention."

     MR. SMITH--I ask unanimous consent to amend the report by inserting the word "Convention" instead of the word "Committee."

     THE PRESIDENT--Unless there is objection, it will be so ordered.

     MR. SMITH--And I move the adoption of that portion of the report of the Committee.

     MR. FOSTER--I rise to a point of order. Has not the report of the Committee on Rules already been adopted?

     THE PRESIDENT--Not this part.

     MR. FOSTER--I thought it was the entire report.

     THE PRESIDENT--No, only that part as to the resolution offered by the gentleman from Limestone has been carried.

     Resolution 87 was read as follows:

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

     MR. ROBINSON--I rise to a point of inquiry. Suppose we concur in that report, what becomes of that resolution?

     THE PRESIDENT--The resolution will be before the House for adoption or rejection.

     MR. ROBINSON--If we reuse to concur in the report?

     THE PRESIDENT--The report will simply be defeated and lost as to that portion of it.

     A vote being taken the report of the Committee on this section of said report was concurred in.

     THE PRESIDENT--Resolution No. 87 offered by the gentleman from Dallas is now before the House.

     MR. BROOKS--I rise to a question of parliamentary procedure. I would like for the Chair to state upon what proposition the vote just taken was had. I voted "no" supposing it was on that resolution.


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OFFICIAL PROCEEDINGS

     THE PRESIDENT--It was on concurring in the report of the Committee.

     MR. BROOKS--We could not take a vote on that proposition of concurring in the report of the Committee when the reading of that resolution was called for.

     THE PRESIDENT--The report of the Committee is before the Convention and on the demand of the gentleman from Mobile, we are considering it section by section.

     MR. HEFLIN--I make the point of order that the Committee on Rules reported this back to the Convention for the action of the Convention.

     MR. BROOKS--The question is, will the House accept that or refer it back to the Committee.

     THE PRESIDENT--That was the question the Chair stated to the Convention and the Convention accepted the report and the question now is what will the Convention do with this resolution?

     MR. VAUGHAN--I move the adoption of the resolution.

     A vote being taken the resolution was lost.

     THE PRESIDENT--The Secretary will read the next section of the report.

     The Secretary read as follows:

     "The Committee reports back to the Convention Resolution No. 102 introduced by Mr. Henderson of Pike, without recommendation on its part, for the action of the Convention.

     The Committee on Suffrage and Election, under the permission given on yesterday, here retired from the House to resume their labors in Committee.

     MR. SMITH (Mobile)--I move the adoption of that section of the report of the Committee.

     A vote being taken the motion was carried.

     THE PRESIDENT--The question is now on the resolution No.102 introduced by the gentleman from Pike. What is the pleasure of the House?

     The resolution was read as follows.

     "Resolved, That hereafter no member of this Convention shall yield his call for the purpose of introducing resolutions and ordinances to any other member, nor shall any other member on the call of his name introduce resolutions or ordinances in the name of any other member where such other member answered to his name on roll call on any days session of this Convention."


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     On motion the resolution was tabled.

     THE PRESIDENT--The Secretary will read the next section of the report.

     The Secretary read as follows: "The Committee reports as a substitute for Resolution No. 97, introduced lay Mr. Winn of Barbour, the following resolution, and recommends its adoption by the Convention: `Resolved, That it is the sense of this Convention that each ordinance offered shall contain but one subject matter which shall be clearly expressed in the title, so that the same may he properly referred to the appropriate committee."

     MR. SMITH--I move that the Convention concur in the report of the Committee just read.

     MR. WATTS--I rise to a question of inquiry. Does that mean that two or three sub-divisions cannot be included in one paper?

     MR. SMITH--The substitute does not undertake to bind a member or prevent him from offering what he pleases, but is a mere matter of recommendation, that it is the opinion of the Committee that the subject matter of an ordinance should be expressed clearly in its title and the ordinance should relate to only one subject.

     MR. WATTS--But the question of inquiry is, does that mean that you cannot in the same ordinance, move to amend three or four different sections or does it mean that each ordinance must refer to only one section?

     THE PRESIDENT--Does the gentleman from Montgomery propound his inquiry to the Acting Chairman of the Rules Committee or to the President? I understood him to propound it to the Acting Chairman of the Rules Committee.

     MR. WATTS--I want to know how the Committee understands the resolution.

     MR. SMITH--I don't know how I can state it more specifically. The Committee on Rules understood it as a resolution, that it was the sense of the convention that ordinances should contain but one subject matter, but the Committee does not propose to absolutely bind delegates in the matter of ordinances and resolutions. This is simply in the nature of a recommendation. It is further suggested that if several matters were covered by one general subject that that could properly come in one ordinance. In other words, the same rule that applies to bills on passage in the legislature.


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     Mr. Browne had obtained recognition from the Chair just before the remarks of Mr. Smith (Mobile) and yielded the floor to Mr. Smith. The Chair then recognized the delegate from Talladega.

     MR. BROWNE--The gentleman from Mobile has given exactly the explanation that I rose to give.

     MR. PROCTOR--I would like to know if it was the substitute of the Committee that was read or the original resolution of the delegate from Barbour.

     THE CLERK--It was the substitute.

     A vote was taken and it was announced that the report of the Committee was concurred in.

     THE PRESIDENT--The Clerk will read the next section of the report of the Committee.

     The Clerk began the reading of the section.

     MR. BROWNE--I rise to a point of order. The resolution has not been adopted. Only the substitute has been adopted and the question is now on the resolution as amended by the substitute.

     THE PRESIDENT--The gentleman is correct. The Chair should have stated the question on the resolution as amended by the adoption of the substitute.

     MR. SMITH--I then move the adoption of the substitute proposed by the Committee.

     The motion was seconded by Mr. deGraffenreid and was carried.

     The Secretary then read the remaining section of the report as follows: "The committee reports adversely to resolution No. 101 introduced by Mr. Watts of Montgomery and recommends that it be not adopted by the convention for the reason that its purpose is covered by Rule No. 47.

     A vote being taken this portion of the Committee's report was concurred in and on motion of Mr. Smith the report of the Committee on Rules as a whole was concurred in.

     THE PRESIDENT--The next order of business will be the call of the roll alphabetically for the introduction of ordinances, resolutions, memorials and petitions and their proper reference to committees.

     MR. WILSON (Clarke.)--Before the beginning of the roll call, I desire to ask leave of absence on account of sickness for Mr. Wilson of Washington.


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     The leave was granted.

     MR. ASHCRAFT--I desire to ask leave of absence for myself for tomorrow and next day.

     The leave was granted.

     On the calling of the roll for ordinances, etc.:

     MR. ALMON--I yield my call to Mr. Williams of Marengo.

     Resolution No. 117, by Mr. Williams (Marengo.)

     Whereas there appears to be great diversity of opinion as to the manner of appointment of trustees, faculty and executive officer of certain State educational institutions, and whereas, from years of association with the University of Virginia, I believe that the methods employed therein governing that institution of learning are good;

     Therefore attached hereto is an unabridged copy of the laws of the University of Virginia for 1900 together with the code references from the laws of the State of Virginia in regard to said University which are commended to the study and careful consideration of the Committee on Education, hoping that, therefrom, they will get much that is good tending to relieve the said institution in the State of Alabama from objectional influences.

     By Mr. Williams of Marengo.

     With the consent of the convention, I beg that the attached exhibit be referred to the committee without reading before the convention, and without printing.

     (With accompanying document.)

     Referred to Committee on Education.

     Ordinance 289, by Mr. Banks:

     Be it ordained by the people of Alabama, in convention assembled, that Article VIII of the Constitution of Alabama on suffrage and elections be amended by striking out the whole of the article and inserting in lieu thereof the following:

     Section 1. That every male citizen of the United States who is twenty-one years old or upwards and who is not prohibited by Section 2 of this Article from registering, voting or holding office, shall be an elector and entitled to vote at any election by the people, if such elector (one) shall be duly registered when registration shall be required and shall have resided in the State one year, in the county six months, and in the precinct or ward three months immediately preceding the election at which he offers to vote; and shall have paid all taxes, including a poll tax of three dollars, due the State and county, the receipt for which he shall exhibit to the managers of the election if they shall demand it.


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     Sec. 2. The following classes shall not be permitted to vote, register or hold office: (1) All persons who shall have been convicted of treason, embezzlement of public funds, malfeasance in office, larceny, bribery or ally other crime punishable by imprisonment in the penitentiary. (2) Any person who shall hereafter be guilty of selling his vote or who shall buy or barter the vote of another in any legal election or in any primary, caucus or convention held to nominate persons for public office or to elect delegates to any political convention, or who shall make or aid in making any false certificate or return as to the result of such election, primary, caucus or convention. (3) All persons who have abandoned their wives without legal separation or who have abandoned their minor children without having made provision for their physical support and their moral training. (4) All idiots or insane persons.

     Sec. 3. Be it further ordained by the people of Alabama, in convention assembled, That at every election by the people, either Federal, State, county or municipal, two grades of ballots shall be furnished the managers of elections at every precinct or ward which shall be similar and identical in every respect, except that one shall be white and the other shall be colored. These ballots shall contain the names of all the candidates offering for places or offices to be filled after the plan of arranging ballots under the system known as the Australian system of voting. When an elector entitled to vote shall make application to the election managers for a ballot and shall declare himself competent to prepare his own ballot then the manager of the election shall give him a white ballot, and he shall without assistance prepare his ballot by making a cross mark opposite the name of each candidate that he wishes to vote for, and when the ballot is properly prepared and given to the election managers, it shall count as one full vote. But when an elector who is entitled to vote at the election then being held, shall make application to the managers of the election for a ballot and shall declare himself incompteent to prepare his ballot by making a cross mark opposite the candidates for whom he wishes to vote, then the managers of the election shall give him a colored ballot and the elector shall be permitted to choose his own marker to aid him in preparing his ballot and when such colored ballot is thus prepared and given to the election managers, it shall be counted as one-fourth of a full vote.

     Sec. 4. Be it further ordained by the people of Alabama, in convention assembled, That every man who was in the land or naval forces of the Federal or Confederate armies during the war between the States shall be permitted to cast a full ballot in all elections held in this State at which he is a qualified elector.

     Sec. 5. Be it further ordained by the people of Alabama, in convention assembled, That after the year 1906 male persons coming into this State and all male persons arriving at the age of twenty-one years, shall, before being permitted to register as qualified voters, pass the following examination: (1) Every male person shall be able to write and shall read intelligently any section of the Constitution of the State. (2) He shall know enough of the geography of the State to give its boundaries, the names and locations of its


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counties, its principal rivers and its principal cities. (3) He shall know how many departments there are in the government of the State and the functions and names of the officers in each of these departments, and when such examination shall have been passed in compliance with the requirements of this section and in compliance with such other rules as may be prescribed by the General Assembly in carrying out the requirements of this ordinance, then the person passing such examination shall receive a certificate of citizenship written or printed on parchment and signed by the examiner and Judge of Probate of said county, and recorded in a book kept for the purpose of keeping such records.

     Sec. 6. Be it further ordained, That the General Assembly of Alabama, at its first session after the ratification of this Constitution shall enact such laws as will provide for the examination necessitated by Section 5 of this Act.

     Referred to Committee on Suffrage and Elections.

     Resolution No. 118, by Mr. Barefield:

     To provide for the payment of stationery and printing, etc.

     That whereas, It is necessary for this Convention to be supplied with the proper stationery and to have furnished for the use of the Convention various and sundry pamphlets, and whereas, the Secretary of State is not empowered to contract for or to appropriate any money to pay for such expense. Therefore be it resolved:

     First--That the Chairman of the Committee on Schedule, Printing and Incidental Expenditures be and is hereby authorized to appoint three members of said committee with himself as chairman to contract for such stationery and printing at the lowest expense and to certify the various amounts due for said stationery and printing to the Secretary and President of this Convention, who shall cause to be drawn a warrant on the Treasury of this State to pay same and said amount when so drawn shall be charged up to the expenses of the Constitutional Convention.

     Referred to Committee on Schedule, Printing and Incidental Expenditures.

     MR. BAREFIELD--I move to suspend the rules and that that resolution be adopted.

     MR. CARMICHAEL (Coffee)--I rise to a point of inquiry. Did not the Rules Committee report a similar solution authorizing the Secretary to supply that and pay for it.

     THE PRESIDENT--The information of the Chair is that that resolution only referred to the necessary blank books and stationery for the Secretary's office.

     A vote being taken, the rules were suspended, on a division the county being 60 to 5 and a further vote being taken the resolution was adopted.


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     Ordinance No. 290, by Mr. Beddow of Jefferson.

     Section 1. Be it ordained by the people of Alabama in Convention assembled, That a Commission is hereby created consisting of three male citizens over the age of 25 years, to be elected at the first general election for State officers after the ratification of the Constitution. One of said Commissioners shall be learned in the law, and one of experience in the railway business. Their term of office shall be the same as that of the Governor, unless otherwise fixed by the General Assembly. The salary of said Commissioners shall also be fixed by the General Assembly, and paid as other State officers are paid. Any Commissioner may be suspended by the Governor for drunkenness, incompetency, or neglect of duty, and the Governor shall appoint his successor for the unexpired term. The said Commissioners shall take an oath of office to be framed by the Governor and they shall not be the holders or owners of any railroad stock or bonds, or be the agent or employees of any railroad company, or have any interest, directly or indirectly, in any railroad, its bonds or stocks, or other wise interested financially. The Governor shall have power to fill all vacancies in said Commission as they occur, as in other cases.

     It shall be the duty of said Commission to carry out the provisions of this Constitution and all laws enacted by the General Assembly relative to railroads and canals in this State.

     Sec. 2. The General Assembly shall have the right to confer upon the commission the power to make reasonable and just rates of freight and passenger tariff to be observed by all railroad companies doing business in this State on the railroads thereof, and to make reasonable and just rules and regulations to be observed by all railroad companies doing business in this State, as to charges at any and all points for the necessary handling and delivering of freights; and shall have power to make just and reasonable joint rates for all connecting railroads doing business in this State, as to all traffic or business passing from one of said roads to another, and to require the location of such depots, and the establishment of such freight and passenger buildings, as the condition of the road, the safety of the freight and public comfort may require, and to make just and reasonable rules and regulations, to be observed by said railroad company on said railroads; to prevent the giving or paying of any rebate or bonus, directly or indirectly, and from misleading or deceiving the public in any manner as to the real rates charged for freight and passengers; and to fix all local freight rates from one point to another in this State.

     Referred to Committee on Corporations.


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     Ordinance No. 291, by Mr. Blackwell of Morgan:

     An ordinance to prohibit the appropriation of any part of the public school money in aid of church or sectarian schools. And to prohibit teachers of public schools and superintendents of education from being interested in the sale, proceeds or profits of any books, school fixtures, etc.

     Section 1. An ordinance. Be it ordained by the people of Alabama in Convention assembled, That neither the General Assembly, nor any county, city, town, township, school district, or other public corporation, shall ever make an appropriation, or pay from any public fund whatever, anything in aid of or to help support or sustain any school, academy, seminary, college, university or other literary or scientific institutions controlled by any church or sectarian denomination whatever; nor shall any grant or donation of land, money, or other personal property ever be made by this State to any church or for any sectarian purpose.

     Sec. 2. Second, no teacher, State, County, township or district school officer shall be interested in the sale, proceeds or profits of any book apparatus, or furniture used, or to be used in any school in this State with which such officer may be connected, under such penalties as the General Assembly may provide.

     Referred to Committee on Education.

     MR. BOONE--I yield my turn to Mr. Waddell.

     Ordinance No. 212, by Mr. Waddell:

     An ordinance to amend Article VI of the present Constitution relating to the Judiciary.

     Be it ordained by the people of Alabama in Convention assembled, That Section 1 of Article VI be amended by inserting therein the words "County Court."

     Sec. 2. Be it further ordained that Section 5 of Article VI be amended so as to read as follows: The Circuit Court shall have original jurisdiction in all matters, civil and criminal, within this State not otherwise excepted in this Constitution, but in civil cases only where the matter or sum in controversy exceeds two hundred dollars ($200) and of all trials involving the title to lands.

     Sec. 3. Be it further ordained, That a section be added to or included in Article VI to read as follows: The County Courts in all counties where no city courts or inferior courts of law and equity have already,been created by law shall have original jurisdiction of all misdemeanors, and all civil matters where the sum in controversy does not exceed two hundred dollars ($200), but shall have no jurisdiction of trials involving the title to lands, and the judge of probate shall be ex-officio judge of the county court.


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     Sec. 4. Be it further ordained that a section be included in Article VI which shall read as follows: There shall be elected in such counties as county courts are established by this Constitution in this State, by the qualified voters of the county, a judge of probate 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 county for which he is so elected.

     Sec. 5. Be it further ordained, that Section 23 of Article VI be amended as follows: By adding therein the following words, "Who shall be ex-officio clerk of the County Court."

     Sec. 6. Be it further ordained that the county court shall be open at all times for the trial of civil and criminal cases, provided, however, that said county court shall hold at least four (4) jury terms in each year.

     Sec. 7. Be it further ordained that the commissioners court or board of county revenue shall fix the salary of the Judge of the county court at a sum not less than one thousand dollars ($1,000), the same to be paid out of the county treasury.

     Referred to Judiciary Committee.

     Ordinance No. 293, by Mr. Bulger.

     An ordinance to regulate the right to vote in this State.

     Be it ordained by the people of Alabama in convention assembled, that Article VIII of the present Constitution be stricken out and the following added in lieu thereof.

ARTICLE VIII.

     Suffrage and elections.

     Section 1. Every male citizen of the United States who is 21 years of age, possessing the following qualifications, shall be an elector, and shall be entitled to vote at any election by the people, except as hereinafter provided.

     1. He shall have resided in the State at least one year, in the county at least six months, and in the precinct or ward, at least thirty days immediately preceding the election at which he offers to vote; Provided, that no soldier, sailor nor marine in the military or naval service of the United States, shall acquire a residence by being station in this State.

     (2) He shall be able to read any section of the State Constitution or understand and interpret the same when read to him; Provided, this requirement shall not apply to any person or the descendants of any person who was a qualified voter anywhere in the United States on the 1st day of January, 1867.


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     (3) He shall have paid his poll tax for the year next preceding the year in which he offers to vote; Provided, the receipt of the tax collector or of any officer authorized to collect the same shall be prima facia proof of the payment of his taxes.

     Sec. 2. All elections by the people shall be by ballot and all elections by persons in a representative capacity shall be viva voce.

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

     Those who shall have been convicted of treason, embezzlement of public funds, malfeasance in office, larceny, bribery, or other crime involving moral turpitude punishable by imprisonment in the penitentiary.

     Sec. 4. 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. 5. The General Assembly shall pass laws not inconsistent with this constitution to regulate and govern elections in this State, and in such laws shall be uniform throughout the State. The General Assembly may when necessary provide by law for the registration of electors throughout the State or in any incorporated city or town thereof, and when it is so provided, no person shall vote at any election unless he shall have registered as required by law.

     Sec. 6. It shall be the duty of the General Assembly to pass adequate laws giving protection against the evils arising from the use of intoxicating liquor at all elections.

     Sec. 7. Returns of elections for all civil officers who are to be commissioned by the Governor, except Secretary of State, State Auditor, State Treasurer, Attorney General. State Superintendent of Education and Commissioner of Agriculture, and for members of the General Assembly shall be made to the Secretary of State.

     Referred to Committee on Suffrage and Elections.

     Ordinance 294, by Mr. Burns:

     An ordinance to amend Section 1, Article XVII of the present constitution.

     Be it ordained by the people of Alabama in convention assembled, that Section 1 of Article XVII of the present constitution be amended so as to read:

     Mode of amending the constitution.

     Section 1. The General Assembly, whenever two-thirds of each house, shall deem it necessary, may propose amendments to the constitution, which having been read three times on three


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successive days, shall be duly published, for the consideration of the people, in such manner as the General Assembly may direct at least three months before the next general election, at which representatives are to be elected, and it shall be the duty of the returning officer, and managers of each precinct of the next general election at which representatives are to be voted for, to open a poll for the votes of the qualified electors, on the proposed amendment; and to make return of the votes cast for and against to the Secretary of the State; and if it thereupon shall appear that a majority of the qualified electors of the State, who voted for Senators and members of the lower house voted in favor of the proposed amendment; said amendment shall be valid to all intents and purposes as parts of this constitution, and the result of such election shall be made known by proclamation of the Governor.      Referred to Committee on Amending Constitution and Miscellaneous Provisions.

     Resolution 119, by Mr. Burns:

     Resolved, that whereas it has been stated upon this floor, which statement has not been denied, refuted or controverted, that a stenographic, verbatim report of the proceedings of this convention can be furnished in pamphlet form and one thousand, or more copies of the same be delivered to the proper officers of the convention prior to the hour of convening each day, at a saving of at least $25 per diem to the tax payers of the State.

     And whereas the publishing of the proceedings in proper pamphlet form would add to the convenience of the members, and to the saving of much expense in office of the secretary from day to day, as well as in the final preparation, for the publication of the journal.

     That the Committee on Schedule, Printing and Incidental Expenditures be and hereby authorized to send for persons and papers and thoroughly investigate this subject as early as practicable, and report as early as convenient.

     MR. LONG (Walker)--I ask the gentleman from Dallas if he won't consent to strike out the word twenty-five and insert the word fifty instead.

     THE PRESIDENT--The motion would not be in order at this time.

     Referred to Committee on Schedules, Printing and Incidental Expenditures.


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     Ordinance No. 295, by Mr. Cofer:

     An ordinance to be entitled an ordinance to amend Section 5 of Article IV of the Constitution of Alabama. Regulating terms of the General Assembly of Alabama, and pay of members, officers and clerks.

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

     Section 5. The General Assembly shall meet every four years at the State Capitol in the Senate Chamber and in the Hall of the House of Representatives (except in cases of destruction of the Capitol or epidemics when the Governor may convene them at such place in the State as he may deem best) on the day specified in this Constitution, or on such other day as may be prescribed by law, and said General Assembly shall not remain in session longer than sixty days. Provided, further, that the officers, clerks and members of the General Assembly shall receive no compensation as per diem for days that they are not in session.

     Referred to Committee on Legislative Department.

     Ordinance 296, by Mr. Coleman (Walker):

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

     First--That no county having a population exceeding 25,000 and taxable property exceeding $4,000,000, in which there is now a court having the same jurisdiction throughout the limits of the county as both Circuit Courts and Chancery Courts, shall be included in and judicial circuit or chancery division of this State after the expiration of the terms of office for which the present Circuit Judges and Chancellors were elected.

     Second--That in all counties which now have or may hereafter have a population exceeding 25,000 and taxable property exceeding $4,000,000 in value, the General Assembly shall have power to establish City Courts or County Courts having the same jurisdiction as both Circuit Courts and Chancery Courts throughout the limits of such counties, and thereafter such counties shall not be included in any judicial circuit or chancery division; provided, that this section shall not take effect until after the expiration of the terms of office for which the present Circuit Judges and Chancellors were elected.

     Third--That the General Assembly shall have the power, after the expiration of the time for which the present Chancellors were elected, to abolish the chancery court in any county in which a court shall have been established, having equity jurisdiction.


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     Referred to Judiciary Committee.

     MR. CORNWALL- I yield my call to Mr. O'Neill of Jefferson.

     Ordinance No. 297, by Mr. O'Neill (Jefferson):

     Be it ordained by the people of the State of Alabama, in convention assembled, That no city or town in the State shall hereafter incur any bonded debt which. including existing bonded indebtedness, shall exceed 10 per centum of the assessed value of the taxable property therein, and no such debt shall be created without submitting the question as to the creation thereof to the qualified electors of such city or town and unless a majority of such electors voting on the question shall be in favor of creating such further bonded debt, none shall be created; provided, that this shall not be construed to prevent the issuing of certificates of indebtedness in anticipation of the collection of taxes for amounts actually contained or to be contained in the taxes for the year when such certificates are issued and payable out of such taxes.

     And provided, further, That such cities or towns on the issuing of such bonds, create a sinking fund for the redemption thereof at maturity. Nothing herein contained shall prevent the issuing of bonds to an amount sufficient to refund bonded indebtedness existing at the time of the adoption of this Constitution.

     Referred to Committee on Municipal Corporations.

     Ordinance 298, by Mr. Fitts (of Tuscaloosa):

     Be it ordained by the people of Alabama in Convention assembled that the Board of Trustees of the University of Alabama shall consist of nine persons to be elected by the people at the same time, in the same manner and for the same term of office as the Justices of the Supreme Court.

     Referred to Committee on Education.

     Ordinance 299, by Mr. Fitts:

     Be it ordained by the people of Alabama in Convention assembled, That the Governor of the State shall be ineligible for any office of trust or profit under this State or the United States for the period of two years immediately next after the expiration of his term of office as Governor.

     Referred to Committee on Executive Department.

     Mr. Brooks here took the Chair.

     Ordinance 300, by Mr. Graham (Montgomery):

 


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     An ordinance to prevent the General Assembly from depriving the municipalities of this State of their legitimate revenues.

     Section 1. Be it ordained by the people of Alabama in Convention assembled: That the General Assembly of Alabama shall not enact any law which will permit a person, firm, corporation, company or association of any character, to pay a privilege, license or other tax, to the State of Alabama and relieve it from the payment of all other privilege and license taxes in the State.

     Referred to Committee on Legislative Department.

     Ordinance 301, by Mr. Graham (Montgomery):

     An ordinance to amend Section 2 of Article IV of the Constitution of Alabama.

     Section 1. Be it ordained by the people of Alabama in Convention assembled: That Section 2 of Article IV of the Constitution of Alabama be amended so as to read as follows: The style of the laws of this State shall be: "Be it enacted by the General Assembly of Alabama." Each law shall contain but one subject, which shall be clearly expressed in its title, except general appropriation bills, general revenue bills, and bills adopting a code, digest, or revision of statutes; and no laws shall be revived, amended, or the provisions thereof extended or conferred by reference to its title only; but so much thereof as it revived, amended, extended or conferred, shall be re-enacted and published at length. If any subject shall be embraced in an act which is not expressed in the title, such act shall be void only as to so much thereof as shall not be expressed.

     Referred to Committee on Legislative Department.

     Resolution 120, by Mr. Grayson:

     Resolved, That all resolutions authorizing the payment of any money shall be adopted only by a yea and nay vote.

     Referred to Committee on Schedule, Printing and Incidental Expenditures.

     Resolution 121, by Mr. Long of Walker:

     Resolved, That hereafter no appropriation or contract requiring the payment of money from the State treasury shall be passed by this Convention otherwise than by a yea and nay vote.

     Referred to Committee on Rules.

     Ordinance No. 302, by Mr. Long (Walker):

     An ordinance to amend Section 12 of Article V. of the Constitution of Alabama.


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     Be it ordained by the people of Alabama in Convention assembled, That Section 12 of Article V. of the Constitution be amended by striking out all words after the word "power" of the first line that precedes "to" which is the first word of the third line of said Section 12.

     Referred to Committee on Executive Department.

     Mr. McMillan of Wilcox, yielded his turn to Mr. Miller of Wilcox, and handed in an ordinance by the latter, who was absent.

     Ordinance No. 303 by Mr. Miller (Wilcox):

     Amendment to Article 8, Constitution of 1875.

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

     First--That every male citizen of the United States who is 21 years of age, and who has resided in the State of Alabama for twelve months, and who has resided in the county for three months and in precinct or ward thirty days next preceding any election, and who can read and write the English language, and who pays taxes on $300 worth of property, and who has paid his poll tax, shall be an elector and entitled to vote at any election by the people, except as hereinafter provided.

     Second--That the following classes shall not be permitted to register, vote or hold office, viz : Those who have been convicted of treason, embezzlement of public funds, malfeasance in office, larceny, bribery, or other crime punishable by imprisonment in penitentiary and those who are idiots or insane.

     Third--That every male citizen of the United States who is 21 years of age and who has effected the residence required by Section one (1) as above stated, and who was a soldier or sailor in any of the wars of the United States or of the Confederate States, shall be entitled to vote, though he may not be able to comply with the educational or property qualifications required by Section one (1) of this ordinance.

     Fourth--That every male citizen of the United States who is 21 years of age and who has effected the residence required by Section one (1) of this ordinance, and who is 21 years of age and who is a lineal descendant within the fourth degree of any soldier or sailor of any of the wars of the United States or of the Confederate States, shall be entitled to vote, though he may not be able to comply with the educational or property qualifications required by Section one (1) of this ordinance.

     Fifth--That every male citizen of the State of Alabama who has effected the residence required by Section one (1) of this ordinance, and who was entitled to vote on the 1st day of January,


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1867, shall be entitled to vote, though he may not be able to comply with the educational or property qualifications required by Section one (1) of this ordinance.

     Sixth--That every male citizen of the State of Alabama who is over the age of 21 years and who has effected the residence required by Section one (1) of this ordinance, and who is a lineal descendant within the second degree of a citizen of the State of Alabama who was entitled to vote on the 1st day of January, 1867, though he may not be able to comply with the educational and property qualifications required by Section one (1) of this ordinance.

     Seventh--That after the 1st day of January, 1908, all male citizens of the United States who offer to vote in the State of Alabama for the first time shall comply with the qualifications required by Section one (1) of this ordinance.

     Eighth--That the Legislature of the State shall, at its first session after the ratification of this Constitution, provide by law for the registration of voters and the management of elections so as to secure a free ballot and a fair count.

     Ninth--That Sections 4, 5, 6, and 7 of Article VIII. be re-enacted as they now stand in the present Constitution.

     Tenth--That every citizen of the United States who is over the age of 21 years and who has effected the residence required by Section one (1) of this ordinance. and who owns a home in the State of Alabama in his own right, or in the right of his wife, shall be entitled to vote though he may not be able to comply with the educational qualifications required by section one (1) of this ordinance.

     Eleventh--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.

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

     Referred to Committee on Suffrage and Elections.

     Ordinance No. 304, by Mr. Milo Moody.

     Be it ordained by the people of the State of Alabama in convention assembled, that the constitution be amended by adding the following article:

     Section 1. In all primary election; for the nomination of officers by any political party, whether for State, county or municipality, shall be by ballot and no elector shall vote therein unless he be a legal voter entitled to vote in a general election under the constitution and laws of Alabama.

     Sec. 2. No elector shall have the right to vote in any primary election directed by a party, for which such elector did not vote in a previous general election next before the primary in which he offers to vote.


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     Sec. 3. The managers, judges, clerks or other persons holding primary elections shall all take an oath before opening the polls to vote, to faithfully and honestly conduct said election, such oath to be administered by any officer authorized to administer oaths or in the absence of such officer they may administer such oath to each other, calling two witnesses thereto.

     Sec. 4. Any officer of any political party charged with the duty of calling, directing and canvassing the returns of any primary election, who wilfully commits any fraud, shall be guilty of a misdemeanor.

     Sec. 5. Any person who buys or sells his vote or any person who sells his time or influence for the election of any one for a valuable consideration, shall be guilty of a misdemeanor.

     Sec. 6. Any person violating any of the foregoing sections relative to the primary election laws shall be guilty of a misdemeanor and upon conviction shall be fined not less than $50 nor more than $500, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.

     Referred to Committee on Amendments to Constitution and Miscellaneous Provisions.

     Ordinance No. 305, by Mr. Mulkey.

     Be it ordained by the people of Alabama in convention assembled, That Section I of Article X of the Constitution be amended by adding, immediately after the word "contracted" on the fifth line the word "or torts committed, or costs incurred in civil proceedings."

     Referred to Committee on Judiciary.

     Ordinance No. 306, by Mr. Mulkey:

     Be it ordained by the people of Alabama in convention assembled, That Section 7 of Article X of the constitution be and the same is hereby repealed.

     Referred to Committee on Exemptions.

     Ordinance No. 307, by Mr. Murphree:

     Be it ordained by the people of Alabama in convention assembled; that Section 7 of Article I of the Declaration of Rights of the Constitution of Alabama be and the same is hereby amended by adding to said section the following:

     Persons consigned to imprisonment by commitment or other process, for violation of the criminal laws of the State shall be entitled to a speedy trial before the first court holden, having jurisdiction after commitment, and the committing magistrates must make such cases so returnable.


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     Referred to Committee on Preamble and declaration of Rights.

     Ordinance No. 308, by Mr. Murphree:

     Be it ordained by the people of Alabama in Convention assembled, That no corporation, society, organization or association shall be allowed to charge or collect for, or upon the loan or forbearance of money, goods, or things in action, either in the way of interest, fines, forfeitures, premiums, commissions, or sums of money for the purchase of stock, bonds or any interest in the business of such person, firm, corporation, society, organization or association, as a condition upon which such loan or forbearance is obtained, or in any other way connected with such loan or forbearance as a charge, a greater amount than the legal rate of interest provided for by the general laws of this State upon the loan or forbearance of money, goods, or things in action; and if any person shall have paid upon any debt any sum or sums of money for the purchase of stock, bonds, or any interest in the business of such person, term, corporation, society, organization or association, as a condition upon which a loan or forbearance of money, goods or things in action is obtained or in the way of interest, fines, forfeitures, commissions, or in any other way, as is charged for or upon such loan or forbearance a greater amount than the sum necessary to pay the legal interest upon such loan or forbearance at the rate provided for by the general laws of this State for the loan or forbearance of money, goods, or things in action, such amount over and above the sum necessary to pay such legal date of interest shall be credited to the principal or forbearance.

     Referred to Committee on Amending Constitution and Miscellaneous Provisions.

     The President here resumed the Chair.

     Ordinance 309, by Mr. Pillans.

     An ordinance relating to the qualification for the exercise of the suffrage (Article VIII Constitution.)

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

     That no person shall be allowed to register or vote in this State unless he can speak the English language.

     Referred to Committee on Suffrage and Elections.

     Mr. Rogers (Lowndes) yielded his turn to Mr. Ferguson.

     Resolution 122, by Mr. Ferguson:

     A resolution concerning the suffrage.

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


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     That the Committee on Suffrage and Elections be required to look into the legality and advisability of embodying the following suggestions, in the suffrage clause to be submitted to this Convention, conferring the right to vote as follows:

     First--On those citizens of the State not otherwise disqualified, who were born in a State or bondage or servitude prior to the first day of January, 1863.

     Second--On those citizens of the State and their descendants not otherwise disqualified, who were not born in a State of bondage or servitude, prior to the first day of January, 1863.

     Referred to Committee on Suffrage and Elections.

     MR. GRAHAM--I offered an ordinance a few moments ago, which was referred to the Committee on the Legislative Department. It was number three hundred. I was not paying attention at the time the reference was made. I would like to have it go to the Committee to which I think it should go, the Committee on Municipal Corporation.

     The reference was changed as requested.

     Ordinance No. 310, by J. W. A. Sanford:

     An ordinance to constitute the Governor, Secretary of State, Auditor and Treasurer, Railroad. Commissioners.

     Whereas, the Governor, Secretary of State, Auditor, Treasurer now form a Board of Assessment of the property of railroad companies and of telegraph companies, and whereas, it is desirable that the officers of the State shall be as few as practicable.

     Therefore, be it ordained by the people of Alabama in Covention assembled. That the Governor, Secretary of State, Auditor and Treasurer of Alabama, be and the same are hereby made Commissioners of Railroads, who shall exercise all the powers and authorities conferred by law on the existing Railroad Commission, and shall discharge all the duties thereof and shall have such other powers and perform such other duties as the General Assembly may require.

     Provided, That the terms of office of the present Railroad Commissioners shall not expire till the inauguration of the next elected Governor of the State.

     Referred to Committee on Corporations.

     Ordinance No. 311, by Mr. Sanford:

     An ordinance to change the area of the counties by amending Section 2 of Article II. of the Constitution.


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     Be it ordained by the people of Alabama in Convention assembled, That where the words "six hundred square miles" occur in Section 2 of Article II. of the Constitution of this State, they may be stricken out, and the words "four hundred square miles" be inserted in lieu thereof.

     And no greater majority of votes in either house of the General Assembly shall be required to form new counties, or to establish the boundaries of counties, than is necessary for the enactment of any other law.

     Referred to Committee on State and County Boundaries.

     Ordinance No. 312, by Mr. Smith Mac A. (Autauga):

     Be it ordained by the people of Alabama in Convention assembled, That Section 2 of Article GII. of the Constitution of said State be amended so as to read as follows:

     No Convention shall hereafter be held for the purpose of altering or amending the Constitution of this State, unless the question of Convention or no Convention shall be first submitted to a vote of all the electors of the State, and approved by a majority of all the registered or qualified electors of the State.

     Referred to Committee on Amending Constitution and Miscellaneous Provisions.

     Ordinance No. 313, by Mr. Watts:

     To amend Section 7, Article XI.:

     Be it ordained, That Section 7, Article XI. be amended so as to read as follows:

     Sec. 7. The General Assembly shall from time to time divide the towns, villages, cities and other municipalities of this State, which have less than 25,000 inhabitants, as shown by the last preceding Federal census, into classes, and shall fix from time to time the rate of taxation, not exceeding one-half of 1 per cent. of the value of the property, real and personal therein in any one year, which may be levied and collected by cities having more than 25,000 inhabitants, and by the different classes of towns, villages, cities and other municipal corporations having less than 25,000 inhabitants, and no town, village, city or other municipality shall levy and collect in any one year any greater rate of taxation upon the property contained therein than shall be authorized as, above provided. Provided, that for the payment of debts existing at the time of the ratification of this Constitution and the interest thereon, and any renewals of said indebtedness, an additional rate of not exceeding three-quarters of 1 per cent. may be levied and collected, to be applied exclusively to such indebtedness or the renewals thereof. And provided, further, that the General Assembly


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may provide for the assessment and collection of taxes by towns, villages, cities and other municipalities, on property which has escaped taxation.

     Referred to Committee on Municipal Corporations.

     Ordinance No. 314, by Mr. Watts:

     That Section 4, Article XI, be amended so as to read as follows:

     Section 4. The General Assembly shall, from time to time, divide the counties of the State, which have less than 40,000 inhabitants, according to the last preceding Federal census, into classes according to population and shall fix from time to time the rate of taxation, not exceeding 1-2 of 1 per cent in any one year, which may be levied and collected by counties having more than 40,000 inhabitants, and by the different classes of counties having less than 40,000 inhabitants, and no county shall levy or collect in any one year any greater rate of taxation upon the property situated therein than shall be authorized as above provided, but the General Assembly may provide for the assessment and collection by counties of taxes on property which has escaped taxation. And the General Assembly shall also, from time to time, fix the rate of taxation, not exceeding 1-4 of 1 per cent in any one year, which may be levied and collected by counties having more than 40,000 population, and by counties in each of the classes having less than 40,000 inhabitants to be applied exclusively to payment of the principal and interest of debts now existing and the renewals thereof and the General Assembly shall also fix from time to time the rate of taxation which any county may levy and collect, not exceeding 1-4 of 1 per cent in any one year to be devoted exclusively to public improvements within said county.

     Referred to Committee on Taxation.

     To amend Sections 1, 2 and 7, Article X, and to add a section.

     Be it ordained, That Section 1 be amended by inserting after "shall be exempted," the words "and if all of his or her personal property is less than $1,000 in value, it shall, without claiming it, be exempt." .

     That Section 2 be amended by inserting between "eighty" and "acres," the words "contiguous and adjoining," and by adding at the end the words, "All laws allowing a larger or different exemption in realty are avoided."

     That Section 7 be amended so as to read as follows:

     Section 7. No waiver hereafter made of the right of exemption, real or personal, hereinbefore secured, whether made verbally or in writing, except a failure to claim the property as exempt before a sale thereof, shall be effective.


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     Section ------ to be added to Article X:

     Be it ordained, That the wages of every resident of this State, not exceeding $25.00 per month, shall be absolutely exempt from garnishment or other process. Any officer who, knowing or having good reason to believe that the wages of any resident do not exceed $25.00 per month, issues or serves a garnishment or other process to subject any such wages to the payment of any debt owed or claimed to be owed by any such resident, shall be, and the sureties on his official bond shall be, and the person causing said process to be issued shall be liable to a penalty of $500, which may be recovered in a suit by the resident against whose wages said garnishment was issued.

     Referred to Committee on Exemptions.

     Ordinance No. 31.6, by Mr. Watts:

     Independent section:

     Be it ordained, That whenever personal property is sold upon an installment plan, with the right in the vendor to retake possession, the vendor shall, before retaking possession of any such property, pay or tender to the vendee not less than one-half of the money or other thing of value paid by the vendee or for the vendee towards the purchase of said personal property.

     Referred to Committee on Judiciary.

     Independent section:

     Ordinance No. 317, by Mr. Watts:

     Be it ordained, That no two or more corporations organized under the laws of this or any other State, or of the United States, shall consolidate or be operated together, or in connection with each other in this State, and no corporation shall own or hold stock in any other corporation. If any corporation organized under the laws of Alabama acquires or holds, after the ratification of this Constitution, any stock in any other corporation, the charter of the corporation so acquiring or holding any stock in another corporation shall be forfeited.

     Section ------. No insurance or other company, corporation, or association of individuals, which has an agreement, contract or understanding of any kind or character with any other company, corporation or association of individuals by which it is understood or agreed that insurance shall be issued or maintained, or that anything shall be sold at a fixed price, common or essentially common, to all the companies, corporations and associations to said agreements, or that the net or other receipts of all or a part shall be divided or apportioned amongst all such companies, corporations and associations in any manner whatsoever shall be permitted to do business in this State. Every foreign corporation


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which signifies its intention to do business in this State, must, before being permitted to commence said business in this State, file with the Secretary of State an affidavit of its president or other managing officer that it is not connected with any other corporation by any agreement or understanding whatever.

     Referred to Committee on Corporations.

     Ordinance 318, by Mr. Watts:

     To add a section to Article VI and amend Section 25, Article VI.

     Be it ordained, That the General Assembly may confer upon justices of the peace, notaries with powers of a justice of the peace, and upon mayors and recorders of towns or cities, final jurisdiction with right of appeal of all misdemeanors, and also the power to inquire into charges of felony and bind the defendant to a higher court. And the General Assembly may provide that all justices of the peace and notaries with the powers of justice of the peace in towns and cities, may exercise their jurisdiction, civil and criminal, in any precinct lying wholly or partly within the towns or cities, respectively, in which they reside.

     That Section 25, Article VI, be amended so as to read as follows:

     Sec. 25. A solicitor for each Judicial Circuit and all other solicitors provided for shall be appointed by the Governor by and with the approval of the Senate. The solicitor shall be learned in the law, shall at the time of his appointment and during his continuance in office, reside in the circuit or county for which he is appointed. He shall not practice law except as a solicitor. He shall receive no fees, but a fixed compensation, which shall not be greater than the compensation of the judge of the court of which he is solicitor. The partner of a solicitor shall not be allowed to defend in any criminal case. All solicitors must be at least 25 years of age. The term of office of solicitor shall not exceed six years.

     Referred to Committee on Judiciary.

     Ordinance No. 319, by Mr. Weakley:

     Relating to the construction of street railways, gas, water, steam or hot water heating, telephone, telegraph, electric light or power plants in or on the streets, avenues or alleys of towns or cities.

     Be it ordained by the people of Alabama in convention assembled, That no street railway, gas, water, steam or hot water heating, telephone, telegraph, electric light or power company within a city or town shall be permitted or authorized to construct its tracks, lay its pipes or mains, or erect its poles, or posts or other


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apparatus, or string its wires upon the same, along, over, under or across the streets, alleys or public grounds of a city or town, without the consent of the proper municipal authorities of such city or town being first had and obtained.

     Referred to Committee on Municipal Corporations.

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

     The calling of the roll for this purpose was started.

     MR. WADDELL--I move we dispense with calling of the roll of the standing committees for reports.

     THE CLERK--I think some are going to report.

     THE PRESIDENT--Does the gentleman insist on his motion?

     MR. WADDELL--No.

     The call was continued and the Municipal Corporations Committee reported as follows:

     The Committee on Municipal Corporations to whom was referred Ordinance No. 183 introduced by Mr. Boone of Mobile and Ordinance No. 186 introduced by Mr. Weakley of Lauderdale beg leave to report that they have considered the same and recommend the adoption of the following substitute by the convention.

                                                                                            John B. Weakley,

                                                             Chairman of Committee on Municipal Corporations.

     June 5th, 1901.

     Substitute by the Committee on Municipal Corporations for Ordinance No. 183 and Ordinance No. 186 relating to the organization and classification of cities.

     An ordinance to regulate the organization and classification of cities and towns.

     Be it ordained by the people of Alabama in convention assembled, That the General Assembly shall provide by general laws for the organization and classification of cities and towns; the number of such classes shall not exceed four, and the power of each class shall be defined by general laws so that all such municipal corporations of the same class shall possess the same powers and be subject to the same restrictions.

     The General Assembly shall assign the towns and cities of the State to the class to which they respectively belong, and change assignments made as the population of such cities and towns increase or decrease, and in the absence of other satisfactory


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information as to their population the General Assembly shall be governed by the last preceding federal census, provided, however, that any town or city in Alabama may in the year 1905 and every ten years thereafter cause a census of all of its inhabitants to be taken, and the General Assembly may change the classification of such town or city according to the results of such census.

     Sec. 2. Any city having a population of more than twenty-five thousand inhabitants may frame a charter for its own government consistent with, and subject to the constitution and laws of this State, by causing a board of thirteen free-holders, who shall have been for at least, five years qualified voters thereof, to be elected by the qualified voters of such city at any general or special election; which board shall within ninety days after such election return to the chief magistrate of such city the draft of such charter signed by the members of such board or a majority of them. Within thirty days thereafter, such proposed charter shall be submitted to the qualified voters of such city, at a general or special election, and if four sevenths of such qualified voters voting thereat shall ratify the same, it shall at the end of thirty days thereafter become the charter of such city and superceed any existing charter and all special acts of the General Assembly relating to such city other than laws securing and enforcing the payment of debt of such city, and shall supercede any existing charter and amendments thereof. A duplicate certificate shall be made setting forth the charter proposed and its ratification, which shall be signed by the chief magistrate of such city, and authenticated by its corporate seal; one of such certificates shall be deposited in the office of the Secretary of State, and the other after being recorded in the office of the Judge of Probate or the county in which said city lies, shall be deposited among the archives of such city, and all courts shall take judicial knowledge thereof.

     Such charter so adopted may be amended by a proposal therefor published for at least thirty days in two newspapers of said city and accepted by three-fifths of the qualified voters of such city voting at a general or special election and not otherwise; but such charter shall always be in harmony with, and subject to the constitution and laws of the State of Alabama.

     MR. SANFORD--I move to amend the report of the Committee by striking out that part of it which authorizes "a city of' 25,000 or more to make its own charter and amend it at will.

     MR. REESE--I rise to a point of order, that the Convention cannot now act on that report.

     THE PRESIDENT--The rules require that the report of the Committee shall lie on the table and be printed. Amendments, will be in order when it comes up for its third reading.

     MR. SANFORD--That is satisfactory.


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     THE PRESIDENT--The ordinance having been read a second time to the Convention will lie on the table and will be printed.

     THE CLERK--The Committee on Municipal Corporations also report as follows:

     The Committee on Municipal Corporations to which was referred Resolution No. 23 introduced by Mr. Coleman, requiring bond issues and contracts maturing at a later date than twelve months to be first submitted to a vote of the people, beg leave to report favorably upon the attached substitute, and recommend its passage.

                                                                                 Jno. B. Weakley,

                                                  Chairman of Committee on Municipal Corporation.

     June 5th, 1901.

     Substitute for Ordinance No. 23:

     Be it ordained by the people of Alabama in Convention assembled, That no county, city, town, village, district or other political sub-divisions of a county, shall have authority or be authorized, after the ratification of this Constitution, to issue bonds, or enter into contracts involving pecuniary obligations, which are to mature or be performed at a time more than twelve months from the date of such issue, or such contracts, unless such issue of bonds or such contracts shall have been first approved by majority vote by ballot of the qualified voters of such county, city, town, village, district or other political sub-division voting upon such proposition. In determining the result of any election held for this purpose no vote shall be counted result an affirmative vote which does not show upon its face that such vote was cast in approval of such issue of bonds, or of such contracts.

     THE PRESIDENT--What will the Convention do with the report?

     A motion was made that the Convention concur in the report of the Committee as to this ordinance.

     MR. PETTUS--I rise to a parliamentary inquiry. What is the effect if that motion is carried?

     THE PRESIDENT--To concur in the report of the Committee on the ordinance.

     MR. PETTUS--Then the motion is only with reference to the adverse report?

     THE PRESIDENT--Yes.

     MR. REESE--I desire to ask this question: This is an ordinance that has been reported.


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     THE PRESIDENT--Adversely.

     MR. REESE--It has been reported to the Convention, but adversely. Now a construction of Rule 47 might imply that that would have to take the same course as the other. The rule makes no very clear distinction between an adverse and a favorable report.

     THE PRESIDENT--The Chair would rule it does not apply to the adverse report.

     MR. PETTUS--I am informed that the author of the resolution is not in the hall and I think it would be courtesy to him to pass it until he is present.

     THE CLERK--He has just come in.

     MR. FOSTER--I rise to a point of inquiry. If this report is concurred in can the resolution be taken from the adverse calendar?

      THE PRESIDENT--We have no rule as to placing matters adversely reported on the adverse calendar. It has been reported adversely by the Committee and it is now before the Convention.

     MR. CARMICHAEL (Coffee)--In what shape would that ordinance be if the report of the Committee reporting the ordinance adversely should be adopted by the Convention. Would it require a reintroduction to bring it before the Convention?

     THE PRESIDENT--If the Convention concurs in the adverse report, it seems it would dispose of the ordinance.

     MR. CARMICHAEL (Coffee)--If the Convention does not concur in the adverse report, what status would it have?

     THE PRESIDENT--It would put it before the Convention.

     MR. CARMICHAEL (Coffee)--Immediately? Do I understand the Chair to say that it could come up for passage prior to the ordinance that is reported favorably?

     THE PRESIDENT--It seems to the Chair it would go on the calendar if the Convention refuses to concur in the adverse report.

     MR. BROOKS--In order to obviate any uncertainty about that, if that ordinance is laid on the table can it not be taken up at any time? And in the meantime the Rules Committee can give us some rule on this subject.

     A vote was taken and a motion to table was carried.

     On the call the Committee on Schedule, Printing and Incidental Expenses reported favorably on Resolution No. 25 offered by Mr. Boone, as follows:


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

     THE, PRESIDENT--That will lie upon the table and be printed.

     MR. REESE--I desire to make an inquiry, as to the adverse report of the Committee on Corporations. Will that take the same course as a favorable report. Will that rejected ordinance be printed and furnished to the members?

     THE PRESIDENT--The ordinance lies on the table on the motion of the gentleman from Mobile unless it is taken from the table.

     MR. WILLIAMS (Marengo)--I ask unanimous consent to introduce a resolution to cover the point raised.

     MR. CARMICHAEL (Coffee)--The Chairman of the Committee on Municipal Corporations says he will not resist taking from the table my resolution and postponing it with the report. I, therefore, move that we take the ordinance from the table and then will move to postpone it to the further day on which the report comes up.

     MR. HEFLIN (Randolph)--I rise to a point of order.

     THE PRESIDENT--The hour of adjournment has arrived.

     MR. HEFLIN--That was my point.

     MR. PRESIDENT--The clock has just struck and the Convention stands adjourned until tomorrow at 10 o'clock.