419

____________

FOURTEENTH DAY

________

                                                                                                                         MONTGOMERY, ALA.,
                                                                                                                         Friday, June 7, 1901.

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


420

OFFICIAL PROCEEDINGS

     Our Father and our God, we feel that we should thank Thee for that good Providence that has been over us during the night. We feel that Thy mercies are precious to us this morning as we meet again for this day's work and we come into Thy presence feeling our Father that the very best service we can render unto Thee today and unto our country will be in vain unless Thou art with us. We pray that Thou wilt cause Thy Holy Spirit to guide and direct us in all that we attempt to do this day.

     We thank Thee Our Father for the large degree of kindness with which Thou hast blest Thy servants. We thank Thee, Oh God for the pleasant surroundings Thou hast given them. We thank Thee that Thou hast given them a reasonable portion of health and strength, and hast enabled them to do the work which they have been called to do. We pray Thee Our Father that each and every one of them may realize the responsibilities and the privileges which Thou hast given them. We pray Thee Our Father to bless the presiding officer during this day and all of his assistants. We pray that Thou wilt remember the families and the loved ones who are absent today, wilt Thou keep them unto the hollow of thy hand and shield them from all harm. These blessings we ask for the Redeemer's sake, Amen.

     The roll was called and 131 delegates responded.

     MR. CHAPMAN--I ask leave of absence for today for Mr. Carnathan of Choctaw.

     The leave was granted.

     MR. JACKSON--I am requested to ask leave of absence for Mr. Norwood of Lowndes for tomorrow.

     The leave was granted.

     MR. WADDELL--Mr. Chapman asked leave of absence for today for Mr. Carnathan. I will state he requested me to ask for indefinite leave of absence as he had received a letter that his family was quite sick.

     Indefinite leave was granted.

     MR. COLEMAN (Greene) -- The Committee on Suffrage asks to be excused from attending the session of the convention today.

     The members of the committee were excused.

     MR. BETHUNE--I desire leave of absence for tomorrow.

     The leave was granted.

     MR. FORSHEE--I desire leave of absence for Mr. Freeman until Tuesday of next week.


421

CONSTITUTIONAL CONVENTION, 1901

     The leave was granted.

     MR. MARTIN--I ask leave of absence for tomorrow.

     The leave was granted.

     MR. BARTLETT--I wish to ask for a leave of absence for myself for tomorrow and Monday.

     The leave was granted.

     MR. GRAHAM (Talladega)--I desire to ask leave of absence for Mr. Ledbetter of Talladega for today and tomorrow.

     The leave was granted.

     MR. JONES (Montgomery)--I ask to be excused for absence on yesterday. I do not get around very well and the House had adjourned before I could get here.

     THE PRESIDENT--Leave was obtained for the gentleman for yesterday.

     MR. M. M. SMITH--I desire leave of absence for tomorrow and Monday.

     The leave was granted.

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

     The leave was granted.

     MR. KIRKLAND--I desire leave of absence for tomorrow and Monday.

     Leave was granted.

     MR. BURNS--I desire leave of absence for Mr. Carnathan--

     THE PRESIDENT--Indefinite leave of absence has been granted Mr. Carnathan.

     MR. MAXWELL--I ask leave of absence for Colonel Bulger for today.

     Leave was granted.

     MR. RENFRO--I move that when we adjourn today we stand adjourned until 12 o'clock Monday.

     (Cries of No.) A division was called for.

     MR. JONES (Montgomery)--I would ask unanimous consent of the Chair and members to make one short statement as to why we should not adjourn.

     Leave was given.


422

OFFICIAL PROCEEDINGS

     MR. JONES (Montgomery)--The Committee on the Executive Department is ready to report and its report will furnish material for members to go to work on at once.

     A vote being taken the motion to adjourn until 12 o'clock Monday resulted 50 ayes and 64 noes.

     MR. BROWN--I am requested to get leave of absence or excuse for the non-attendance of the gentleman from Macon. Mr. Cobb, on yesterday, on account of sickness.

     The excuse was accepted.

     MR. HOWELL--I was called out of the city on yesterday and left word with a friend, but leave of absence was not asked for on yesterday, and I desire to be excused for being absent.

     The excuse was accepted.

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

     The leave was granted.

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

     The report was read as follows:

     The Committee on Rules beg leave to report that it has had under consideration the resolution hereinafter mentioned and begs to report thereon as follows:

     The Committee reports back to the Convention Resolution No. 114, introduced by Mr. Sanford of Montgomery, without recommendation on its part, for the action of the Convention.

     The Committee herewith returns to the Convention the resolution hereinabove mentioned.

     A reading of the resolution being called for, the resolution was read as follows:

     Resolution No. 114, by Mr. Sanford (Montgomery):

     Whereas in eight States and Territories of the Union the Eagle alone or in combination with other figures form the great seal; and

     Whereas, the great seal of a State should be distinctive, and symbolic of some event in its history, or of some peculiarity in its topography or of some characteristic of its people;

     Therefore, be it resolved that a committee of nine, one from each Congressional District, be appointed by the President of the Convention, to suggest and recommend to the Convention a design


423

CONSTITUTIONAL CONVENTION, 1901

for a great seal of Alabama, which shall be different from the seal of any other State or Territory.

     Referred back to the Convention by the Committee on Rules without recommendation.

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

     MR. SANFORD--I move that that resolution be put upon its passage.

     THE PRESIDENT--In the opinion of the chair where a committee reports a resolution, as it this case, without recommendation, no action of the Convention on the report is necessary.

     MR. SMITH (Mobile)--I withdraw my motion then.

     THE PRESIDENT--The gentleman from Montgomery will please again state his motion. The chair failed to catch it.

     MR. SANFORD--I move that that resolution just read and reported back to the Convention for its action be now taken up and put upon its passage.

     THE PRESIDENT--Does the gentleman move the adoption of the resolution?

     MR. SANFORD--I do.

     A vote being taken the resolution was not adopted.

     MR. HEFLIN (Randolph)--I desire leave of absence for myself for tomorrow.

     Leave was granted.

     MR. KIRK -- I request leave of absence for tomorrow and Monday.

     THE PRESIDENT--The next order of business will be the calling of the roll of delegates for the introduction of Ordinances, Memorials and Petitions.

     MR. PROCTOR--I would call the attention of the Chair to the fact that the report of the Committee on Journal was not called for.

     THE PRESIDENT--The gentleman will send up the report.

     The report that the Journal for the thirteenth day was found to be correct was read and on motion adopted.

     THE PRESIDENT--The Secretary will now call the roll of delegates for ordinances.


424

OFFICIAL PROCEEDINGS

     Ordinance No. 332, by Mr. Blackwell:

     An ordinance to amend Article VIII of the Constitution regulating the right to vote, by striking out the whole of said Article and substituting.

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

     First--Every male person born in the United States and every person who has been naturalized, who is 21 years of age and more, and possessing the qualifications set out in this Article, shall be entitled to vote at any election by the people in this State, except as herein otherwise provided.

     Second--He shall have resided in the State of Alabama two years, in the county one year, and in the precinct, ward or other election district in which he offers to vote for six months next preceding the election; provided, that removal from one precinct, ward, or other election district to another in the same county shall not operate to deprive any person of the right to vote in the precinct, ward, or election district from which he removed until six months after such removal. Provided, that no soldier, sailor nor marine in the military service of the United States shall acquire residence by being stationed in this State. No person who has been convicted or who has confessed his guilt in open court upon indictment, of any crime, the punishment of which now is or may hereafter be, imprisonment in the penitentiary, shall be allowed to vote, unless said person has been restored to citizenship in the manner prescribed by law. No idiot or insane person or vagrant shall be allowed to vote.

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

     Fourth--Every person presenting himself for registration shall be able to read and write any section of the Constitution in the English language; and before he shall be entitled to vote he shall have paid on or before the 1st day of January of the year in which he offers to vote, all taxes, including a poll tax (where he is liable for such tax) for two years previous. But no male person who was, on January 1st, 1867, or at any time prior thereto, entitled to vote under the laws of any State wherein he resided, and no lineal descendant of any such person shall be denied the right to register and vote at any election in the State by reason of his failure to possess the educational qualifications herein prescribed; provided, he shall have registered in accordance with the terms of this section prior to January 1st, 1911. The General Assembly shall provide for the registration of all persons entitled to vote without the educational qualification herein prescribed, and shall on or before December the first, 1910, provide for the making of a permanent record of such registration, and all persons so registered shall forever thereafter have the right to vote in all elections by the people in this State unless disqualified under Section 2 of this Article.

     Fifth--All elections by the people shall be by ballot, and all elections by the General Assembly shall be viva voce. Every ballot shall be numbered in the number in which it shall be received and the number recorded


425

CONSTITUTIONAL CONVENTION, 1901

by the election officers on the list of voters opposite the name of the elector who presents the ballot. Any elector may write his name upon the ticket he votes, or cause the same to be written thereon, and attested by a citizen of the district. The election officers shall be sworn, (or affirmed), not to disclose how any elector shall have voted, unless required to do so as witnesses in judicial proceedings.

     Sixth--If any person give or offer to give directly or indirectly, any bribe, present, or reward, or any promise or any security for the payment or delivery of money or any other thing of value, to induce any voter to refrain from casting his vote or to prevent him in any way from voting, or to procure a vote for any candidate, or person proposed, or voted for as elector of President or Vice?President of the United States, or Representative in Congress, or for any office of trust or profit, created by the Constitution and laws of this State, or by authority of any Mayor and Council of any town or city in this State, the person giving or offering to bribe, and the person receiving the same, and any person who gives or causes to be given an illegal vote, knowing it to be such, at any election to be hereafter held, in this State, shall, on conviction in a Court of Law, be forever disqualified to hold any office of trust or profit, or to vote at any election thereafter in this State.

     Seventh--In trials of contested elections, and in proceedings for the investigation of elections, no person shall be permitted to withhold his testimony upon the ground that it may criminate himself or subject him to public infamy; but such testimony shall not afterwards be used against him, in any judicial proceedings, except for perjury in giving such testimony.

     Eighth--The trial and determination of all contested elections of any and all public officers shall be by courts of law, and the General Assembly shall by proper legislation provide for the speedy trial of the same.

     Ninth--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 and returning therefrom.

     Tenth--It shall be the duty of the General Assembly to provide adquate laws giving protection against the evils arising from the use of intoxicating liquors at all elections.

     Eleventh--Every voter in this State, except as in this Article disqualified, shall be eligible to hold office, but before entering upon the duties of the office he shall take and subscribe the following oath:

     I do solemnly swear (or affirm) that I will maintain and support the Constitution and laws of the United States, and the Constitution and laws of the State of Alabama, and that I will faithfully discharge the duty of my office, so help me God.

     Twelfth--No person shall vote in any primary election, or in any Convention or in any other political assembly held for the purpose of nominating candidates for public office unless he is at the time a registered voter.


426

OFFICIAL PROCEEDINGS

     Referred to Committee on Suffrage and Elections.

     Resolution No. 131, by Mr. Burns:

     Resolved, first, That the Committee on Judiciary be requested to frame an ordinance that will prohibit Justices of the Peace trying or finally disposing of criminal cases wherein they are entitled to fees or costs, to define their jurisdiction, as to territory and misdemeanors.

     Resolved, second, That it is the sense of this Convention that no judicial officer should ever be interested in the termination or result of any case, criminal or civil, over which he may have jurisdiction; and that he should be paid the sum of three dollars for each criminal case brought before and legally disposed of by him, to be paid through the Probate Judge of his county.

     Referred to the committee on Judiciary.

     Resolution No. 132, by Mr. Carmichael (Colbert):

     Resolved, That the Committee on Order, Consistency and Harmony of the Constitution shall include in its report of the proposed Constitution all of the provisions of the present Constitution not amended, altered, changed or stricken out, as well as all amendments, changes and additions that may be made to the present Constitution.

     Referred to the Committee on Rules.

     Resolution No. 133, by Mr. Carmichael (Colbert):

     Resolved, That the several standing committees shall not report to the Convention any ordinance, unless the same amends, changes, alters or adds to the present Constitution or strikes out parts thereof, and when so reporting, shall only report the section amended, changed or altered, or the proposed addition.

     Referred to the Committee on Rules.

     Resolution No. 134, by Mr. Jones (Montgomery):

     Resolved, That the President express to Governor W. J. Samford the deep interest of the members of this Convention in his welfare, and their earnest wishes for his speedy restoration to health.

     MR. JONES (Montgomery)--I move the suspension of the rules and that that resolution be put on its passage.

     A vote being taken, the rules were suspended.

     MR. BURNS--I move that the Convention adopt that resolution by a rising vote.


427

CONSTITUTIONAL CONVENTION, 1901

     A rising vote being taken, the resolution was unanimously adopted.

     THE PRESIDENT--The other paper sent up by the delegate is a report from a committee and is not in order at this time.

     MR. JONES (Montgomery)--As an individual member of the House, I have a right to offer any resolution whether I do it as chairman of a committee or as an individual member.

     THE PRESIDENT--The chair is of the opinion that the proposition would not be in order as a report of a committee until that order of business is reached.

     MR. JONES (Montgomery)--I do not care to contest the matter with the chair.

     Resolution No. 135, by Mr. Knight:

     A resolution to abolish the offices of State and County Back Tax Commissioners.

     Resolved, That the Constitution about to be framed shall contain a provision abolishing the offices of State and County Back Tax Commissioners.

     THE PRESIDENT--To what committee does the delegate desire this resolution referred?

     MR. KNIGHT--I don't care, but suggest the Committee on Legislative Department.

     THE PRESIDENT--The chair thinks that the proper reference for a resolution abolishing an office would be to the Committee on the Executive Department, and the resolution is so referred.

     Ordinance No. 333, by Mr. Lomax:

     To amend the Constitution of Alabama by adding to Article IV a Section as follows:

     Sec. ----. No bill which does not apply to the whole State (except bills creating and regulating municipal corporations and bills fixing the time of the holding of courts and prescribing rules for procedure therein) shall be introduced into either house of the Legislature after the twentieth legislative day of the session nor shall any such bill be considered or passed by either house after the twenty-fifth legislative day of the session; nor shall any bill which applies to the whole State be amended by either house after the twentieth legislative day of the session so as to confine its operations to a part of the State.

     Referred to Committee on Local Legislation.

     Ordinance 334, by Mr. Nesmith by request of Mr. Graves:


428

OFFICIAL PROCEEDINGS

     To amend Article VIII of the Constitution.

     Section 1. The following and none others shall be qualified electors and entitled to vote at elections by the people in this State. Those male citizens of the United States twenty-one years old and upward who have been bona fide residents of this State for at least one year, of the county for at least three months and of their voting ward or precinct at least thirty days next immediately preceding the election at which they offer to vote, who shall have been duly registered and enrolled as qualified electors of the county and ward or precinct of which they are residents, under the provisions of this Constitution and the laws enacted thereunder.

     Sec. 2. Except as is herein otherwise provided, the following shall be entitled to be enrolled and registered as qualified voters of the county and ward or precinct of which they are residents, under the provisions of this Constitution and the laws enacted thereunder.

     First--Those who own and pay taxes upon ten thousand dollars' worth of property, as evidenced by the Tax Collector's books of the county of which they are residents for the next year preceding.

     Second--Those who were foreign born.

     Third--Those who are related either by affinity or consanguinity or both, within the twentieth degree, as computed by the Civil law, to any one who was a qualified elector in any State or Territory of the American Union on January 1st, 1867, or prior thereto.

     Provided that none that are idiots or insane or that have been convicted of a felony, unless pardoned, shall in any case register or vote.

     Sec. 3--In each county of this State a Board, consisting of Probate Judge, Sheriff and Circuit Clerk of such county shall elect a Public Registrar for their respective counties, who shall hold office for a term of four years, and shall receive such compensation as the Court of County Commissioners or Board of Revenue of their respective counties shall provide.

     Sec. 4--The Public Registrar in each county shall by himself or Deputy register and enroll all electors of his county qualified under the provisions of this Constitution at their own request, and shall furnish to each of such electors a certificate of such registration, which certificate shall be dated, and show whether such elector is qualified under the first; second or third classification as set out in session 2 of this Article. And such Registrar shall enroll in well bound books a full and complete list of all registered electors of his county, arranged alphabetically by precincts, or by wards and precincts and such enrolled list shall show the date of registration and class of qualification of each elector, and when completed such registration books shall be deposited in the Probate office of the respective counties as a public record open to the inspection of all.

     Sec. 5.--Registration books shall be considered closed three months next before a general election, and shall be deposited in the Probate office of the respective counties not less than sixty days next before such election;


429

CONSTITUTIONAL CONVENTION, 1901

provided that a registered elector who wishes his name changed from the list of any ward or precinct to another ward or precinct in the same county may, upon application to the Probate Judge of his county, have such change made upon proof of such residence in the precinct or ward in which he wishes to vote, as entitles him to vote therein, such application to be made not less than fifteen days next preceding such election, and such change shall be made without cost to the applicant, and provided also that when a registered voter of any county moves to another county of this State he may apply to the Probate Judge of his county for a certificate of enrolled registration, which shall be furnished to such applicant free of charge, and such Judge shall thereupon strike from the roll such name, such certificate shall be dated and show the date of registration and class of qualification. The Probate Judge of the county to which such applicant has moved, shall, upon the presentation of such certificate and proof of the identity of the applicant, and of such residence as entitled him to vote in the county to which he has removed, thereupon, without charge to the applicant, enter the name of such applicant upon the enrolled list of registered electors of his county in the proper precinct or ward, but no Probate Judge shall give a certificate of enrolled registration less than three months next before a general election, nor shall any Probate Judge enter upon the registration rolls of his county the name of any such applicant, who presents a certificate more than one year old. The enrolled registration lists of each county shall be corrected and revised by striking therefrom those that are dead, or that have become disqualified under the first class as set out in Section 2 of this Article, and by adding thereto any qualified elector whose names are not thereon, at intervals of not less than two years as the General Assembly may prescribe, provided, however, that no elector who shall have once registered under the second or third classifications set out in the second section of this article shall be required to do so again.

     Sec. 6--It shall be the duty of the General Assembly to provide speedy and adequate remedies for the violation of any suffrage right under this Constitution, and to enact all laws that may be necessary to carry out the provisions of this article.

     Referred to Committee on Suffrage and Election.

     MR. PILLANS--I am requested by Mr. Smith (Mobile) to whom a communication from an eminent and very respectable colored man came today, to send it up to the desk and have it read to the Convention.

     THE PRESIDENT--Does the gentleman make a motion that the communication be read?

     MR. PILLANS--I do.

     THE PRESIDENT--Unless there is objection the communication will be read.

     The communication was read as follows:


430

OFFICIAL PROCEEDINGS

MEMORIAL

     Mr. President and Members of the Constitutional Convention, Montgomery:

     Dear Sirs--Perhaps the most important matter to be considered by your august body is the question bearing on the civil and political rights of the negro.

     Speaking as an ex-slave, a native of Alabama, with an experience as a public man covering a period of nearly thirty years, all of which time has been spent in the moral, educational and religious interests of my race, permit me to say, that every law?abiding property holding, intelligent negro in Alabama, everyone with a family, and contributes by his material wealth and worth to the common wealth and worth of our great State--is looking with abiding faith to your Convention, and hoping that in the framing of the organic law of Alabama, you will recognize the following facts:

     First--That the negro and the Southern white man, in the providence of God, are here together and here to stay.

     Second--The interests of the two races are identical, and like the union of the States, "one and inseparable."

     Third--The intelligent, law-abiding negro is a patriotic and loyal citizen of his State.

     Fourth--The law-abiding negro has used well the privileges granted him in acquiring education, in accumulating property, in establishing himself in the confidence of his neighbors, and in elevating himself as a citizen.

     Fifth--The intelligent and law-abiding negro in every community where he lives seeks the aid and approbation of his sympathetic and fair-minded white neighbor.

     Sixth--The feeling of amity and mutual dependence between the better classes of the two races is growing stronger in every community where their interests merge into each other.

     Seventh--The better class of colored people strongly desire to unite with the better class of white people on common ground for the material and the economic advancement of our great and resourceful State.

     Eighth--The intelligent negro, conscious of the liberality and partiality of the white tax payers of the State, is grateful for the enormous expenditure of money upon the common schools of his race--a sum far exceeding the amount paid into the treasury by the tax-payers of his own race. This of itself by the law of gratitude, binds us to our white fellow citizens with ties which only the white Southern man himself can sever.

     Ninth--Last but not least, the better classes of the two races in the South are closer together now, and understand each other better than in any other period since the days of reconstruction.


431

CONSTITUTIONAL CONVENTION, 1901

     Now, if you admit the above statement of facts, allow me to respectfully ask of your august body.

     That you so frame your organic law on the suffrage and school questions that the intelligent, struggling, honest, law-abiding, patriotic negro citizen will be encouraged in his efforts to elevate himself to a standard worthy the name of Southern citizenship?a standard at once reflecting credit on himself and his great State.

     By doing this you will not only justify the abiding faith of your "brother in black," but your names will go down with honor to posterity, and in the ages to come, generations will rise up and call you blessed.

                                                                                                                             Respectfully submitted,

                                                                                                                             A. F. Owens, Pastor, Etc.

     Mobile, June 6th, 1901.

     THE PRESIDENT--Does the gentleman from Mobile desire that the communication should be referred to the Committee on Suffrage and Elections?

     MR. PILLANS--That is with the President. I have no request to make.

     THE PRESIDENT--Without some motion--

     MR. HOWELL--I move that it be referred to the Committee on Suffrage and Elections.

     THE PRESIDENT--It will be so referred.

     Ordinance No. 335, by Mr. Porter:

     To repeal Section 7 of Article X of the Constitution of Alabama.

     Be it ordained by the people of Alabama in Convention assembled, That Section 7 of Article X. of the Constitution, which is in these words: "The right of exemptions hereinbefore secured, may be waived by an intrument in writing, and when such waiver relates to realty, the instrument must by signed by both the husband and the wife, and attested by one witness," be and the same is hereby repealed.

     Referred to Committee on Exemptions.

     Resolution No. 136, by Mr. Porter:

     Resolved, That on and after the passage of this resolution, all requests for leave of absence shall be reduced to writing, and sent to the Secretary's desk by 12 o'clock of each day and passed on by the Convention at that hour, and that no other requests for absence shall be considered at any other time.


432

OFFICIAL PROCEEDINGS

     Referred to Committee on Rules.

     Ordinance No. 336, by Mr. Reynolds (Chilton):

     Be it ordained by the people of Alabama in Convention assembled, That it shall not be lawful for anyone to hire or to cause to work in any factory or other public work, except a farm, any boy under the age of 12 years, or any girl under the age of 14 years. And any person hiring any such boy or girl for such work shall be imprisoned and fined therefor in accordance with a law to be enacted by the General Assembly. And such an act on the part of a corporation shall ipso facto forfeit the charter of said corporation.

     That no parent shall receive or appropriate to himself or herself, the wages or earnings of their children, nor shall the earnings of said children be paid over to said parents, but to a guardian, appointed by a court, who shall keep and use such money and earnings for the benefit of the child itself, until discharged by the appointing court. Provided; that said guardian shall pay over a portion of said wages to such parents as may be invalids and thereby incapacitated to earn a support. The General Assembly shall enact appropriate legislation to enforce this provision.

     Referred to Committee on Corporations.

     Ordinance No. 337, by Mr. Reynolds (Chilton):

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

     All laws creating, regulating or affecting boards or officers charged with the duty of registering voters, or of distributing ballots at the polls to the voters, or of receiving, recording or counting votes at elections, shall secure equal representation of the two political parties which, at the general election next preceding that for which such board or officers are to serve, cast the highest and the next highest number of votes. All such boards and officers shall be appointed or elected in such manner as the said parties may publicly make known at least thirty days before the election.

     Referred to Committee on Suffrage and Election.

     Ordinance No. 338, by Mr. Reynolds (Chilton):

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

     All elections by the people shall be by ballot, and all elections by persons in a representative capacity shall be viva voce. And every ballot voted shall be numbered in the order in which it shall be received, and the number recorded by the election officers on


433

CONSTITUTIONAL CONVENTION, 1901

the list of votes, opposite the name of the elector who represents the ballot. Any elector may write his name upon the ticket, or cause the same to be written thereon, and attested by a citizen of the district. The election officers shall be sworn or affirmed not to disclose how any elector shall have voted, unless required to do so as witnesses in judicial proceedings.

     Referred to Committee on Suffrage and Elections.

     Ordinance No. 339, by Mr. Reynolds (Chilton):

     Be it ordained by the people of Alabama in Convention assembled, that Article VIII of the Constitution of the State of Alabama be amended by adding thereto the following as Sections 8 and 9:

     Sec. 8. Any person who shall give, or promise, or offer to give, to any elector, any money, reward or other valuable consideration, for his vote at an election or for withholding the same or who shall give or promise to give, such consideration to any other person or party for such elector's vote or for the withholding thereof, any money, reward, or other valuable consideration for his vote at an election or for withholding the same, shall thereby forfeit the right to vote at such election; and any elector whose right to vote shall be challenged for such cause, before the election officers shall be required to swear or affirm that the matter of the challenge is untrue before his vote shall be received.

     Sec. 9. Any person who shall, while a candidate for office, be guilty of bribery, fraud or wilful violation of any election law, shall be forever disqualified from holding an office of trust or profit in this Commonwealth; and any person convicted of willful violation of the election laws, shall, in addition to any penalties provided by law, be deprived of the right of suffrage absolutely, for a period of ten years.

     Referred to the Committee on Suffrage and Election.

     Ordinance No. 340, by Mr. John W. A. Sanford:

     An ordinance to amend Section 21 of Article IV, of the Constitution of Alabama.

     Be it ordained, that Section 21 of Article IV of the Constitution be amended by adding to the said section the words, "That the journal of the Senate and House of Representatives shall state that the bill was read at length at the time of its passage, and unless the journals shall show this fact, the said law shall be invalid. Provided, That the statement of the journals of the Senate and House of Representatives may be denied, the truthfulness of the entry be inquired into like any other question in a court of justice.


434

OFFICIAL PROCEEDINGS

     Referred to the Committee on Legislative Department.

     Ordinance No. 341, by Mr. Smith, M. M. (of Autauga):

     An ordinance for the equitable distribution of the surplus moneys arising from the sale of fertilizer tags.

     Whereas, a much larger amount of money is annually collected from the special tax on commercial fertilizers than is needed for the running expenses of the Department of Agriculture; and

     Whereas, this tax is every dollar paid by the farmers who buy and consume the fertilizer; and

     Whereas, Justice and fair play demand that a special tax levied on one class for the avowed benefit of that class, should be expended honestly according to the intention of the law; and

     Whereas, A surplus amounting to and belonging solely to the farmers has been recently and improperly turned into the general funds; and

     Whereas, Another large surplus has already accumulated which threatens to disappear in the same illegitimate way; therefore

     Be it Ordained, By the people of Alabama, in Convention assembled:

     Sec. 1.--All receipts of the Agricultural Department from the sale of fertilizer tags and licenses and from any miscellaneous sources shall be set aside as a separate fund in the State Treasury. After deducting the salaries, costs of tags, general running expenses one-sixth of the net income for the Agricultural and Mechanical College, Experiment Stations, and $2,500 for an Agricultural High School in each Congressional District, the remainder shall be expended on paying the board of poor farmer boys at the said Agricultural District Schools.

     Sec. 2--At each of the Agricultural District Schools a boarding department for 100 boys shall be established, to which only boys resident in the district shall be entitled to board free, provided only boys shall be admitted free whose parents or other persons charged with their support, are unable to pay their maintenance, and boys whose parents or other persons charged with their support, pay taxes on less than $1,000 worth of real estate and personal property, shall be eligible to admission.

     Sec. 3.--That at each of the White Normal school, at the Agricultural and Mechanical College, and at the Industrial School for Girls, there shall be established a boarding department at which only poor boys and girls whose parents or other persons charged with their support pay taxes on less than $1,000 of property, shall be admitted free of charge; and the General Assembly shall determine


435

CONSTITUTIONAL CONVENTION, 1901

the number to be admitted free to each of the schools named in this section, to be not less than 50 at any one school, and their maintenance shall be provided for by the General Assembly either by setting aside a portion of the incomes of the several schools to this purpose or by appropriations to the general fund.

     Sec. 4.--The General Assembly shall, at its first session after the adoption of this Constitution. provide the manner in which selections shall be made at each and all the schools named in the foregoing sections, of boys and girls entitled to free board, and shall enact such further legislation as is necessary for the carrying out in letter and spirit of such preceding sections.

     Referred to Committee on Legislative Department.

     Mr. Whiteside yielded his turn to Mr. Burns of Dallas, but the latter not being in the hall the call was continued.

     Resolution No. 137, by Mr. Williams (Elmore):

     Resolution to provide for the distribution or disposal of the poll taxes collected under the suffrage clause adopted by this Convention.

     Be it resolved. That if this Convention adopts the payment of a poll tax as a requisite qualification to suffrage, that said poll taxes shall be applied to the support of the public schools in the counties in which such taxes are levied and collected.

     Referred to the Committee on Education.

     THE PRESIDENT--The next order of business is the call of the Standing Committees.

     On the call the Committee on the Executive Department reported as follows:

     MR. PRESIDENT--The Committee on the Executive Department instructed me to report herewith, an ordinance to take the place of the Article in the present Constitution on the subject.

     The Committee has not deemed it necessary to report specially upon the several ordinances or resolutions referred to it. All of them have been maturely considered, and the principles of some have been incorporated in the Article. The reading of the Article as reported will enable the Convention and the authors of the ordinances and resolutions referred to us to see how far their respective suggestions have been adopted. These ordinances and resolutions are herewith respectfully returned.

     The material changes reported are as follows:

     The office of Lieutenant Governor is created. The name of the office of Commissioner of Agriculture is changed to that of Commissioner of Agriculture and Industries, and both are made


436

OFFICIAL PROCEEDINGS

officers of the Executive Department. The terms of the officers of the Executive Department elected hereafter are lengthened from two to four years. The Lieutenant Governor, the Commissioner of Agriculture and Industries, and the Superintendent of Education are included among the officers, the returns of whose election are required to be directed to the speaker. To remove uncertainty as to the Speakers powers and duties under Section 4, in counting the votes it is provided that his duties are ministerial, and his decisions subject to the control of the Joint Convention. The officers of the Executive Department, after the first election under the Constitution, are made ineligible to succeed themselves. The Governor is made ineligible to any office under this State within one year after the expiration of his term; and his acceptance of the office is a pledge to the people not to accept an election or appointment to the Senate of the United States during his term, or at any time within one year thereafter. The salary of the Governor is fixed at five thousand dollars per annum, to take effect on the adoption of the Constitution, and the Article contains the usual limitations upon the legislative power to increase or diminish the compensation of the Executive officers during their term.

     Section 9 of the present Article of the Constitution has been amended to provide for the case of a refusal to give information, when required by the Governor.

     A Board of Pardons is created to meet on the call of the Governor, which shall sit in public, before whom shall be laid all recommendations or petitions for commutations, paroles or pardons in cases of felony, which must advise with the Governor; after which, or delay to act for more than sixty days, the Governor may act as to him seems best for the public interest. He is also required to report to the General Assembly, the opinions of the Board of Pardons, as well as his own reasons, in all cases of felony, in which he acts favorably.

     Section 13 of the present Constitution has been amended, so as to authorize the two Houses when the Governor vetoes a bill, to amend it to meet his objections, instead of passing it over his veto. And the Governor is given ten days after final adjournment in which to approve bills, before him at that time. A recess of the General Assembly as well as an adjournment excuses the Governor from returning a bill within six days, the time fixed in the Article within which, if the General Assembly is in session, the Governor must return a bill, or it will become a law. Section 14 provides the procedure in case of a veto of a part of any appropriation bill, to remove doubt, heretofore existing, whether the original bill shall be returned in such case.

     Careful provision is made in Section 15, defining the order of succession when the Governor dies, resins or is removed from


437

CONSTITUTIONAL CONVENTION, 1901

office, and when he is impeached, or absent or under other disabilities; and specific provision is made for the contingency of the Governor-elect's failure or refusal, or that of the Lieutenant Governor-elect, to qualify from any cause, and the succession defined in that event.

     Section 16 is a new provision, to meet the contingency of the Governor or other officer administering the office of Governor, becoming of unsound mind, and provides for the ascertainment thereof. Similar provision is made with reference to the other officers of the Executive Department.

     Section 20 is a new Section, prohibiting the Governor from appointing any member of the General Assembly to office during the term for which the member shall have been elected.

     A new Section has been added. constituting the Governor, Lieutenant-Governor, and Attorney-General a Board of Conciliation, with provision for the addition of two citizens in each case, if thought proper, for the adjustment of differences between employer and employee. The finding of the Board is to be advisory merely; unless both parties have agreed in writing, in advance to perform the award, when it may be enforced by proceedings in the courts, under rules and regulations to be prescribed by law.

      A new Section has also been added allowing the Governor, Auditor and Treasurer, or the Governor and either of the other officers, when there is a surplus in the Treasury, not immediately needed, to loan it out on call. or for such time as they may deem advisable, taking bonds of the United States or of this State as collateral to the full amount loaned, with interest, and providing how such loans shall be made.

      The Section regarding Sheriffs has been amended. to provide in substance: if a prisoner is taken from the custody of the law, owing to the neglect, connivance, cowardice, or other grave fault of the Sheriff, and is put to death, or suffers grievous bodily harm, the Sheriff may be impeached before the Supreme Court and the Governor is authorized after hearing to suspend the Sheriff from office, until the impeachment proceedings are determined.

     The Committee refrains from discussing at this time the reasons for the changes reported, since the merits or demerits of the amendments will readily occur to the members, and be fully disclosed and discussed when the proposed Article is passed upon by the Convention. Upon three of the amendments the members of the Committee are not all agreed; and as to these the dissenting members reserve liberty of action, without now making a final minority report.

                                                                                                              Thos. G. Jones, Chairman.


438

OFFICIAL PROCEEDINGS

MINORITY REPORT.

      The undersigned member of the Committee on Executive Department does not concur in the report of the Committee as to Sections 7 and 27, and he offers as a substitute for Section 7 the following:

     Sec. 7. The Governor, Lieutenan-Governor, Secretary of State, State Auditor and Attorney-General shall receive compensation for their services, which shall be fixed by law, and which shall not be increased or diminished during the term for which they shall have been elected, and shall, except the Lieutenant-Governor, reside at the State Capital during the time they continue in office, except in cases of epidemic.

     And he further recommends that Section 27, (which relates to the loaning of money in the State Treasury) as reported by said Committee, be stricken out and do not pass.

                                                                                                                 Respectfully submitted,

                                                                                                                        Watkins M. Vaughan.
     An ordinance to create and define the Executive Department.

     Be it ordained by the people of Alabama in convention assembled, That Article V of the Constitution be stricken out, and the following Article inserted in lieu thereof:

ARTICLE V.

     Executive Department.

     Section 1. The Executive Department shall consist of a Governor, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Education, Commissioner of Agriculture and Industries, and a sheriff for each county.

     Sec. 2. The Supreme Executive power of this State shall he vested in a Chief Magistrate, who shall be styled "The Governor of the State of Alabama."

     Sec. 3. The Governor, Lieutenant Governor, Secretary of State, State Treasurer, State Auditor, Attorney General, Superintendent of Education and Commissioner of Agriculture and Industries, shall be elected every four years by the qualified electors of this State, at the same time and places appointed for the election of members of the General Assembly.

     Sec. 4. The returns of every election for Governor, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Education, and Commissioner of Agriculture and Industries, shall be sealed up and transmitted by the returning officers to the seat of government, and directed to the Speaker of the House of Representatives, who shall during the first week of the session to which said returns shall be made, open and publish them in the presence of both houses


439

CONSTITUTIONAL CONVENTION, 1901

of the General Assembly in joint convention; but the Speaker's duty shall be purely ministerial in this respect and any objection to any return on account of informality, defect or other cause, shall be decided by the Speaker, subject to the control of the majority of the joint convention. The person having the highest number of votes for either of said offices shall be declared duly elected; but if two or more persons shall have an equal and the highest number of votes for the same office, the General Assembly, by joint vote, without delay, shall choose one of said persons for said office. Contested elections for Governor, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Education and Commissioner of Agriculture and Industries shall be determined by both Houses of the General Assembly, in such manner as may be prescribed lay law.

     Sec. 5. The Governor, Lieutenant Governor, Secretary of State, State Treasurer, Attorney General, State Auditor, Superintendent of Education and Commissioner of Agriculture and Industries shall hold their respective offices for the term of four years from the first day of December of the year in which they shall have been elected, and until their successors shall be elected and qualified, and after the first election under this Constitution neither of them shall be eligible as his own successor, and the Governor shall not be eligible to election to any office under this State within one year after the expiration of the office of Governor shall be a pledge to the people not to accept an election or appointment to the Senate of the United States at any time during his term or within one year thereafter.

     Sec. 6. The Governor and Lieutenant Governor shall each be at least 30 years of age when elected, and shall have been citizens of the United States ten years and resident citizens of this State at least seven years next before the date of their election. The Lieutenant Governor shall be ex-officio President of the Senate, which shall elect a President protein from among its own members, who shall discharge the duties of the Lieutenant Governor iii the Senate, whenever he is absent or disqualified.

     Sec. 7. The Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Education, and Commissioner of Agriculture and Industries shall receive compensation for their services, which shall be fixed by law, and which shall not be increased or diminished during the term for which they have been elected, and with the exception of the Lieutenant Governor, shall reside at the capital. After the adoption of this Constitution., the compensation of the Governor shall be $5,000 per annum, which shall not be thereafter decreased or diminished during the term for which he shall have been elected.

     Sec. 8. The Governor shall take care that the laws be faithfully executed.

     Sec. 9. The Governor may require information in writing, under oath, from the officers of the Executive Department mined in this Article, or created by statute, on any subject relating to the duties of their respective offices; and he may at any time require information in writing, under oath, from all officers and managers of State institutions, upon any subject relating


440

OFFICIAL PROCEEDINGS

to the condition, management, and expenses of their respective offices, and institutions. Any such officer or manager who makes a wilfully false report, or fails without sufficient excuse to make such report when demanded, is guilty of an impeachable offense.

     Sec. 10. The Governor may by proclamation on extraordinary occasions, convene the General Assembly at the seat of government, or, at a different place, if since their last adjournment, that shall have become dangerous from an enemy, insurrection, or other lawless outbreak, or from any infectious or contagious diseases; he shall state specifically in such proclamation each matter concerning which the action of that body is deemed necessary.

     Sec. 11. The Governor shall, from time to time, give to the General Assembly information of the State of the Government, and recommend to their consideration, such measures as he may deem expedient; and at the commencement of each regular session of the General Assembly, and at the close of his term of office, give information, by written message of the condition of the State; and he shall account to the General Assembly, as may be prescribed by law, for all moneys received and paid out by him, or by his order; and, at the commencement of each regular session, he shall present to the General Assembly estimates of the amount of money required to be raised by taxation for all purposes.

     Sec. 12. The Governor shall have power to remit fines and forfeitures, under such rules and regulations as may be prescribed by law; and after conviction, to grant reprieves, paroles, communications of sentence and perdons. The Attorney General, Secretary of State and State Auditor, shall constitute a Board of Pardons, who shall meet on the call of the Governor, and before whom shall be laid all recommendations or petitions for pardon or commutations or paroles in cases of felony; and the Board shall hear them in open session, and give their opinion in writing to the Governor thereon after , which or on the Board's failure to advise for more than sixty days, the Governor may grant or refuse the commutation, parole or pardon, as to him seems best for the public interest. He shall communicate to the General Assembly at each session, each case of reprieve, commutation, parole, or pardon with his reasons therefor, and the opinion of the Board of Pardons, in each case required to be referred; stating the name, the crime of the convict, the sentence, its date, and the date, of reprieve, commutation, parole, or pardon. Pardons in cases of felony, and other offenses involving the crimen falsi, shall not relieve from civil and political disabilities, unless specifically expressed in the pardon.

     Sec. 13. Every bill which shall have passed both houses of the General Assembly shall be presented to the Governor; if he approve, he shall sign it, but if not, he shall return it with his objections to that House in which it shall have originated, who shall enter the objections at large upon the journal and proceed to reconsider it. If the Governor's message proposes amendment which would remove his objections, the House to which it is sent may so amend the bill, and send it with the Governor's message to the other House, which may adopt, but can rot amend said amendment; and both


441

CONSTITUTIONAL CONVENTION, 1901

houses concurring in the amendment, the bill shall again be sent to the Governor and acted on by him as on other bills. If the House to which the bill is returned, refuses to make such amendment, it shall proceed to reconsider; and if a majority of the whole number elected to that House, shall vote for the passage of the bill, it shall be sent with the objections to the other House, by which it shall likewise be reconsidered, and if approved by a majority of the whole number of that House, it shall become a law. If the House to which the bill is returned makes the amendment and the other House declines to pass the same, that House shall proceed to reconsider, as though the bill had originated therein, and such proceedings shall be taken thereon as above provided. In every case, the vote of both houses shall be determined by yeas and nays, and the names of the members voting for or against the bill, shall be entered upon the journals of each House respectively. If any bill shall not be returned by the Governor. Sundays excepted, within six days after it shall have been presented, the same shall become a law in like manner as if he had signed it, unless the General Assembly, by their adjournment or recess, prevent its return, in which case it shall not be a law; but bills presented to the, Governor within five days before the adjournment of the General Assembly may be approved by the Governor at any time within ten days after the final adjournment, if approved and deposited with the Secretary of State within that time. Every vote, order or resolution to which concurrence of both houses may be necessary, except questions of adjournment, and the bringing on of elections by the two houses, and amending this Constitution, shall be presented to the Governor; and, before the same shall take effect, be approved by him; or, being disapproved, shall be repassed by both Houses according to the rules and limitations prescribed in the case of a bill.

     Sec. 14.--The Governor shall have power to approve or disapprove any item or items of any bill making appropriations embracing distinct items, and the part or parts of the bill approved shall be the law, and the item or items disapproved shall be void, unless repassed according to the rules and limitations prescribed for the passage of other bills over the Executive veto; and he shall in writing state specifically the item or items he disapproves, setting the same out in haec verba, in his message; but in such case, the enrolled bill shall not be returned with the Governor's objection.

     Sec. 15.--In case of the Governor's removal from office, death or resignation, the Lieutenant Governor shall become Governor. If both the Governor and Lieutenant Governor are removed from office, die or resign prior to the next general election, thereafter, for members of the General Assembly, the Governor and Lieutenant shall be elected at such election for the unexpired term. In case of the impeachment of the Governor, his absence from the State, unsoundness of mind or other disability, the power and authority of the office shall devolve, in the order herein named, upon the Lieutenant Governor, President pro tem of the Senate, Speaker of the House of Representatives, Attorney General, State Auditor, Secretary of State, and State Treasurer; if any of these officers be under any of the disabilities here specified, the office of Governor shall be administered in the order named by these officers free from such disability, until the Governor is acquitted, returns to the State, or is restored to his mind, or relieved from other disability.


442

OFFICIAL PROCEEDINGS

If the Governor shall be absent from the State over twenty days, the Secretary of State shall notify the Lieutenant Governor, who shall enter upon the duties of Governor; if both the Governor and Lieutenant Governor shall be absent from the State over twenty days the Secretary of State shall notify the President pro tem of the Senate, who shall enter upon the duties of the Governor, and so on, in case of such absence, he shall notify each of the other officers named in their order, who shall discharge the duties of Governor, until the Governor or other officer entitled to administer the office in succession to the Governor returns. If the Governor-elect fails or refuses from any cause to qualify, the Lieutenant Governor-elect shall qualify, and exercise the duties of the Governor's office until the Governor-elect qualifies; and in event both the Governor-elect and Lieutenant Governor-elect, for any cause, fail to qualify, the President pro tem of the Senate, the Speaker of the House of Representatives, the Attorney General, State Auditor, Secretary of State, and State Treasurer shall in like manner, in the order named, administer the Government until the Governor or Lieutenant Governor-elect qualifies.

     Sec. 16.--If the Governor or other officer administering the office shall become of unsound mind, it shall be the duty of the Supreme Court of Alabama, upon request in writing, of any two of the officers named in Section 15, not next in succession to the Governor, to ascertain the mental condition of the Governor, or other officer exercising the office, and if he is of unsound mind to so certify upon its minutes a copy of which, duly certified, shall be filed in the office of the Secretary of State; and in that event it shall be the duty of the officer next in succession to perform the duties of the Governor, until the Governor or other officer exercising the office is restored to his mind.

     Sec. 17.--The Lieutenant Governor, the President pro tem of the Senate, and the Speaker of the House of Representatives, shall receive during the time they respectively administer the Government, like compensation as that fixed for the Governor; provided, if the General Assembly shall be in session during the time such officer may administer the office of Governor they shall receive no compensation as officers or members of the General Assembly.

     Sec. 18.--No person shall at one and the same time hold the office of Governor of this State, and any office, civil or military, either under this State or the United States, or any other State or Government, except as otherwise provided in this Constitution.

     Sec. 19.--The Governor shall be Commander-in-Chief of the militia and volunteer forces of this State, except when they shall be called in to the service of the United States, and he may call out the same to execute the laws, suppress insurrection, and repel invasion; but need not command in person unless directed to do so by resolution of the General Assembly, and when acting in the service of the United States he shall appoint his staff and the General Assembly shall fix his rank.


443

CONSTITUTIONAL CONVENTION, 1901

     Sec. 20.--The Governor shall not appoint any members of the General Assembly during the term for which he shall have been elected to any office.

     Sec. 21.--No person shall be eligible to the office of Secretary of State, State Treasurer, State Auditor, Superintendent of Education, Attorney General or Commissioner of Agriculture and Industries unless he shall have been a citizen of the United States at least seven years, and shall have resided in this State at least five years next preceding his election, and shall be at least 25 years old when elected.

     Sec. 22.--There shall be a Great Seal of State which shall be used officially by the Governor, and the Seal now in use shall continue to be used, until another shall have been adopted by the General Assembly. Said Seal shall be called "The Great Seal of the State of Alabama."

     Sec. 23.--The Secretary of State shall be the custodian of the Seal of the of the State, and shall authenticate therewith all official acts of the Governor; his approval of laws, resolutions, appointments to office and administrative orders, excepted. He shall keep a register of the official acts of the Governor, and when necessary shall attest them, and lay copies of the same, together with copies of all papers relative thereto, before either House of the General Assembly when required to do so, and shall perform such other duties as may be prescribed by law.

     Sec. 24.--All grants and commissions shall be issued in the name and by the authority of the State of Alabama, sealed with the Great Seal and signed by the Governor and countersigned by the Secretary of State.

     Sec. 25.--Should the office of Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Education or Commissioner of Agriculture and Industries become vacant, for any of the causes, the Governor shall fill such vacancy until the disability is removed or a successor elected and qualified. In case any of said officers shall become of unsound mind, such unsoundness shall be ascertained by the Supreme Court upon the suggestion of the Governor.

     Sec. 26.--The Governor, Lieutenant Governor and Attorney General are constituted a Board of Conciliation for the adjustment of differences between employer and employees engaged in mining, manufacturing, transportation or other lawful industries, to which board may be added in each case coming before it, two citizens of this or some other State of the Union, to be appointed by the Governor. The Board may propose arbitration before it of any such dispute, whenever it deems proper; and in its discretion may hear such disputes when requested by either or both parties thereto. In all cases coming before it, the Board shall pass on the merits and recommend in writing what ought to be done to adjust the dispute or difference. Its judgment or award shall be advisory merely, unless both parties agree in writing, in advance, to perform the award, when it may be enforced by appropriate proceedings in the courts under such rules and regulations as may be prescribed by law. The Board shall have power to compel the


444

OFFICIAL PROCEEDINGS

production of papers and the attendance of witnesses, in matters germane to the dispute or differences, under such rules and regulations as may be provided by law.

     Sec. 27.--The Governor, Auditor and Treasurer or the Governor and either the Auditor or Treasurer, when there are funds in the Treasury, not immediately needed, may loan out the same on call, or for such time and at such rate of interest as they may deem advisable, taking as collateral bonds of the United States or of this State, to the full value of the amount loaned, and the interest agreed to be paid therefor; such loan shall not be made until after one week's public notice, through some paper published at the Capital, and a record of such loans shall be kept in the office of the Auditor, and reported by the Governor to the General Assembly at its next meeting.

     Sec. 28.--The State Treasurer, State Auditor, Attorney General and the Commissioner of Agriculture and Industries shall perform such duties as may be prescribed by law. The State Treasurer and State Auditor shall every year at a time the General Assembly may fix, make a full and complete report to the Governor, showing the receipts and disbursements of revenues of every character, and all claims audited and paid out by items, and all taxes and revenues collected and paid into the Treasury and from what sources; and they shall make reports oftener upon any matters pertaining to their office if required by the Governor or General Assembly.

     Sec. 29.--The State Auditor, State Treasurer, Attorney General, Secretary of State and Commissioner of Agriculture and Industries shall not receive to their use, any fees, costs, perquisites of office, or other compensation than their salaries, as prescribed by law, and all fees that may be payable for any services performed through such officers, shall be at once paid into the State Treasury.

     Sec. 30.--A Sheriff shall be elected in each county by the qualified electors thereof, who shall hold his office for a term of four years, unless sooner removed, and shall be ineligible to such office as his own successor. Whenever any prisoner is taken from the jail or from the custody of the Sheriff or his deputy, and put to death, or suffers grievious bodily harm owing to the neglect, connivance, cowardice or other grave fault of the Sheriff, such Sheriff may be impeached under Section 2 of Article VII of the Constitution, and the Governor, when satisfied after hearing the Sheriff, that he should be impeached, may suspend him from office for such time as he may think proper until the impeachment proceedings are finally disposed of.

     During the reading of the Article:

     MR. JONES (Montgomery)--I ask unanimous consent to make a motion.

     THE PRESIDENT--The gentleman asks unanimous consent--


445

CONSTITUTIONAL CONVENTION, 1901

     MR. JONES (Montgomery)--As that Article will be placed upon the Journal and printed in the proceedings, and every member will want to read it, and some are impatient to get away, I move that the reading of the ordinance at length be dispensed with.

     Objection was made.

     MR. JONES (Montgomery)--I withdraw the motion if there is any objection to it.

     THE PRESIDENT--The rules require, before an ordinance can be passed, that it shall have three readings in the Convention. Does the gentleman withdraw his motion?

     MR. JONES (Montgomery)--Yes, sir.

     Again, during the reading of the Article:

     MR. ROGERS (Sumter) -- I believe that the rules under which we are acting require these ordinances to be printed, and as we shall have plenty of copies of this Article, and as we cannot possibly give it the attention by listening to the reading of the Article, that we can by reading it ourselves, I ask the unanimous consent of the Convention that the further reading of this ordinance before the Convention be dispensed with. I cannot see the good of having it read, and it seems to be a useless consumption of time.

     Objection was made and the reading proceeded.

     MR. BROOKS--I desire to move that the Clerk have the number of this report provided by the rules printed; and in view of the vast amount of new matter that this report contains, that it be laid over for consideration until Tuesday so that the members shall have full opportunity of examining the printed copy.

     MR. JONES (Montgomery)--Would it not be better to have it laid over generally and then we can find out when it suits best to take it up in view of the business of the various Committees.

     MR. BROOKS--I am perfectly willing to accept the gentleman's suggestion except that I do not want it to come up on Monday.

     MR. JONES (Montgomery)--I ask a suspension of the rules and that this report, after printing, shall lie on the table. Then we can take it up whenever we please.

     MR. MALONE--I move to amend that by adding that it shall not come up until Tuesday.

     THE PRESIDENT--If put upon the table it will remain there until taken up on motion. Is the gentleman's motion to lay the report on the table?


446

OFFICIAL PROCEEDINGS

     MR. JONES--My object in that is so that this report will not come up until such time as is satisfactory to the Convention and when the best time comes for it, we can take it up and consider it.

     MR. PETTUS--I rise for a parliamentary inquiry. Under the rules, don't the report lie on the table until at the pleasure of the Convention it is taken from the table?

     THE PRESIDENT--That is the rule.

     MR. PETTUS--Then the motion is unnecessary as it seeks only to accomplish what is already provided for by the rules.

     THE PRESIDENT--Without a suspension of the rules, the report of the Committee and the ordinance reported by the Committee will lie on the table and three hundred copies will be printed. Does the gentleman from Montgomery renew his motion?

     MR. JONES (Montgomery)--No, sir.

     THE PRESIDENT--The ordinance reported in the minority report will also be printed and lie on the table.

     MR. BOONE--I move that only the article reported by the majority and the substitute sections reported by the minority be printed.

     THE PRESIDENT--That is what the rules require.

     MR. BOONE--Not the lengthy report of the Committee.

     THE PRESIDENT--The report is not to be printed without the House so orders.

     MR. JONES (Montgomery)--Then I move to include that. It will aid the members very much in looking at the new article. Without it each delegate will have to take the old Constitution and compare it with this section by section.

     A vote being taken the motion of the delegate from Montgomery was carried.

     MR. VAUGHAN--I desire leave of absence for tomorrow.

     MR. HEFLIN (Randolph)--I am requested to ask leave of absence until Monday for Mr. Sentell on account of sickness.

     MR. PALMER--I desire a leave of absence for tomorrow and Monday.

     MR. RENFRO--I desire leave of absence for tomorrow.

     The leaves were granted.

     The call of the regular order being exhausted without business being proposed, Mr. Brooks moved to adjourn.


447

CONSTITUTIONAL CONVENTION, 1901

     MR. REESE--I move that when the Convention adjourn, it adjourn until 12 o'clock Monday.

     Disapproval of the motion being audibly manifested the delegate withdrew the motion, and the Convention adjourned.