447

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FIFTEENTH DAY

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                                                                                                                           MONTGOMERY, ALA.,
                                                                                                                           Saturday, June 8, 1901.

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

     We recognize Thee, Oh Lord, as our God and Sovereign, entitled to our obedience, to our service and to our love.

     Now, before entering upon the duties of this day we come before Thee to offer our morning sacrifice, prayers, praise and thanksgiving. We thank Thee for Thy kind providence that has watched over us during the night. We thank Thee for the strength and health of body and mind we enjoy this day. We pray Thee to direct us this day with Thy Holy Spirit into the ways of righteousness and truth. May we realize more and more the force of the Divine truism that righteousness exalteth a nation and that sin is a reproach to any people. We pray Thy blessing upon the Chief Magistrate of this State, who lies critically ill in one of her cities. O God, we recognize Thee as one who art not only the physician of souls but the physician of bodies. Sanctify the means being used and the agencies employed for his recovery. May he realize as he lies, possibly near the terminus of life, that Thou art his God and that all is well with him. Bless the loved ones of these Thy servants at home. May Thy kind providence preside over them and may all things contribute to their good and to their happiness. Forgive all our sins and prepare us not only for the duties of this day, but for the duties of the coming days. O, may our highest ambitions be to arrive at that which results in the greatest good to the greatest number, that Thy name may be glorified and that peace and prosperity may come to our commonwealth. Hear us and bless us and direct us and favor us for Christ's sake, Amen.

     The roll was called and one hundred and four delegates responded.

     The report of the Committee on Journal that the journal for the fourteenth day was found correct was read and adopted.


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     The following leaves of absence were granted:

     For Saturday:

     Messrs. Reynolds (Chilton), Reese, Cofer, Samford, Howze, Cornwall, Jones (Hale), Fitts, Coleman (Walker), Espy, Long (Butler), Bulger, Vaughan, Carmichael (Coffee), Gilmore.

     For Monday--Messrs. Cunningham, Cornwall, Sanders, Sollie.

     For Monday and Tuesday--Mr. Tayloe.

     MR. JACKSON--I move when this Convention adjourn today, that it adjourn to meet at 12 o'clock Monday.

     The motion was seconded and carried.

     MR. COLEMAN (Greene)--The Committee on Suffrage and Elections ask to be excused from attending the session today.

     By consent the Committee was excused.

     MR. FLETCHER--I move that no further leaves of absence be granted. If any more are granted the result will be that we shall not have a quorum.

     THE PRESIDENT--It is only done by unanimous consent. The Chair thinks a simple objection will stop it. The next order of business will be the calling of the roll for the introduction of ordinances, memorials and resolutions.

     Mr. Almon yielded his turn to Mr. Pettus.

     MR. BLACKWELL--I rise to ask a correction in the official report, in regard to the resolution on suffrage (No. 332, fourteenth day's proceedings). In the fourth section, it read, "entitled to vote under the laws of any State wherein he resided, and it should read "any State or Territory wherein he resided." Further down, in paragraph 5, it reads "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. It should read, "numbered in the order in which it shall be received."

     THE PRESIDENT--The stenographer will be instructed to make the correction as requested by the gentleman from Morgan.

     Resolution No. 138, by Mr. Pettus:

     Whereas, The State debt may be refunded at a much lower rate of interest than the State now pays, when it falls due, and: Whereas, The increased valuation of property in the State may reasonably be expected to bring increased revenue to the State, therefore, be it resolved, that it is the sense of this Convention, that the State tax limit be reduced, and the Committee on Finance


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and Taxation is hereby requested to report an ordinance reducing the constitutional tax limit for the State to such rate as to the Committee seems for the best interest of the State.

     Referred to Committee on Taxation.

     Resolution No. 139, by Mr. Burns:

     Resolution--That the additional of expense of printing may be saved by leaving off the explanatory notes and publishing only the ordinances or resolutions reported by Committees, as agreed upon. And that no expense for printing or other purposes be incurred except ordered by a majority of the Convention on a call of` the roll.

     Referred to Committee on Schedule, Printing and Incidental Expenses.

     Ordinance 342, by Mr. Burns:

     That fees and costs of constables and deputies in all criminal cases shall be uniform, and the same throughout the State, and shall be paid at the rate , of two and 50-100 dollars for each case, whether or not the defendant be convicted, bound over or discharged.

     Provided, that in addition to the $2.50 the constable or deputy shall be entitled to ten cents per mile for carrying prisoner before the trial justice, and from the Justice's Court to the County Jail.

     Referred to Judiciary Committee.

     Ordinance No. 343, by Mr. Case:

     To amend Section 49 of the present Constitution, to compel children who are able to support indigent parents.

     Be it ordained by the people of Alabama in Convention assembled that Section 49 of the present Constitution be amended at the end of the last line after the word "poor" so as to read as follows to wit: but parents who are poor, needy, dependent or helpless, without visible means of support, and having children who are able to maintain them, the General Assembly of Alabama shall enact such laws as it may deem necessary, to compel such children to decently care for and sufficiently support such indigent parents.

     Referred to Judiciary Committee.

     Ordinance 344, by Mr. Glover:

     To amend the Constitution of this State by inserting therein The Legislature shall have the power and authority to revise, regulate and reconstruct the judiciary system of this State.


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OFFICIAL PROCEEDINGS

     Be it ordained by the people of Alabama in Convention assembled that the Constitution be amended by inserting the following therein:

     That the Legislature shall have power and authority to revise, regulate and reconstruct the judiciary system of this State.

     Referred to Judiciary Committee.

     Ordinance 345, by Mr. Glover:

     To amend the Constitution of this State so as to insert the following therein. To abolish the right of dower and courtesy and give the wife and husband an inheritable interest, in each others estate in lieu thereof.

     Be it ordained by the people of Alabama in Convention assembled, that the Constitution of this State be amended by inserting the following : The right of dower, and the statutory and common law right of courtesy be hereby abolished and husband and wife shall have an inheritable interest in each others estate in lieu thereof.

     Referred to the Judiciary Committee.

     Ordinance 346, by Mr. Greer (Perry):

     Relating to legal advertising:

     Section 1. Be it ordained by the people of Alabama in convention assembled, that all general laws, local laws and all legal advertisements now authorized or that may hereafter be authorized by law, shall be published as follows, to-wit:

     First--All general laws shall be published one time in three daily newspapers, to be selected by the Secretary of State; provided said newspapers shall be published in separate sections of the State and provided further, that the newspapers selected shall have the largest daily circulation in the several sections of the State, said circulation to be ascertained by the Secretary of State. The cost of said advertisements to be paid for by the State.

     Second--All local laws shall be published in some newspaper printed and published in the county affected by such local laws, the cost of said publication to be paid for by the county, provided there is a newspaper published in said county, the contract to be awarded in like manner by the Secretary of State.

     Third--All legal advertising shall be published in a newspaper in the county requiring such legal advertising, provided a newspaper is published in such county.

     Fourth--Be it further ordained, that the General Assembly may fix the prices for these publications, and also to authorize


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publications other than is herein provided for in counties in which there is no newspaper published.

     Referred to Committee on Schedule, Printing and Incidental Expenses.

     MR. JONES (Montgomery)--I do not know whether the motion I am about to make will be in order, but I will submit it to the Chair. The rules now require an ordinance to be read three times before it can be finally passed, and if I am in order, I move that the ordinance reported by the Committee on the Executive Department be now put upon its second reading.

     THE PRESIDENT--The Chair understands that the reading on yesterday would be considered, within the meaning of the rules, the second reading.

     MR. JONES (Montgomery)--I cheerfully adopt that but I do not see how that can be, when it has only been read once.

     THE PRESIDENT--The original ordinances were read and referred and this was reported as a substitute.

     Ordinance No. 347, by Mr. Miller of Marengo:

     To prevent any corporation from contracting exclusively for the sale of any books or articles for use in public schools to the State of Alabama or to any counties in this State, or to any cities or town in the State, or to any school district in the State.

     Be it ordained by the people of Alabama in Convention assembled, That the State, Counties, cities, towns and school districts of Alabama, are hereby forbidden to make exclusive contracts for the purchase of text books or other articles for use in the public schools from any corporation which seeks to create any exclusive contract for the purchase of such articles.

     Referred to Committee on Corporations.

     Ordinance No. 348, by Mr. O'Neill of Jefferson:

     Be it ordained by the people of Alabama in Convention assembled, That Article XI of Section 1 on Taxation be so amended by striking out this section and substituting the following:

     Section 1. All taxes levied on property and other subjects of taxation shall be assessed in exact proportion to the value of such property and subjects of taxation, and there shall be no double taxation. All licenses established for the purpose of revenue only, shall be regulated by the value of the business licensed and municipal corporations shall not collect a license tax in any case where the State does not.

     Referred to Committee on Taxation.


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     Ordinance No. 349, by Mr. J. W. A. Sanford:

     An ordinance to establish a great seal for the State of Alabama.

     Whereas, the patriotic and heroic conduct displayed by Emma Sansom of Cherokee County, during the war between the States should be held in everlasting remembrance by the people. Therefore, be it ordained by the people of Alabama in Convention assembled that the great seal of this State shall be the figure of a soldier clad in the uniform of a Confederate General fully armed, mounted on horseback with a young woman sitting behind him and with her hand pointing forward over his shoulder. Around the seal shall be inscribed the legend or motto, "I will show you the way."

     Deferred to Committee on Executive Department.

     Ordinance No. 350, by Mr. Mac A. Smith:

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

     Corporations may be formed under general laws, but shall not be created by special act, except upon the prepayment of a license tax by such corporation according to a graduated rate to be fixed by the General Assembly of the State.

     Referred to Committee on Corporations.

     MR. WEAKLEY--An ordinance was introduced a few days ago and referred to the Committee on Municipal Corporations. It related to establishing municipal courts. The Committee on Municipal Corporations has considered the ordinance and asks that it be referred to the Committee on Judiciary.

     The reference was changed as requested.

     Resolution No. 140, by Mr. Williams (Elmore):

     That no poll tax or other privilege tax be required of any voter in this State.

     Be it resolved, That no poll tax or other privilege tax be required of any voter in this State, and that all qualifications for voters be determined and concluded by Board of Precinct Registrars, and such other qualifications as may be fixed by this convention.

     Referred to Committee on Suffrage and Elections.

     On the regular call, there was no business until the consideration of ordinances, etc., reported by committees was reached, when Resolution No. 25 received its third reading:


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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.

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

     THE PRESIDENT--The chair will state that the rules requiring three readings do not extend to resolutions, although this resolution seems to have had three readings in some way.

     A vote being taken, the resolution was adopted.

     MR. GREER (Calhoun)--I move that we do now adjourn.

     MR. JONES (Montgomery)--Will the gentleman withdraw that for a moment. I wish to make a motion that will expedite the business of the Convention.

     The motion was withdrawn.

     MR. JONES (Montgomery)--I move that the ordinance creating and defining the Executive Department be now taken from the table and placed upon the calendar and made a special order of business for Tuesday after the disposition of unfinished business. I make this motion simply to put the Convention in position to go to work if it desires to do so.

     MR. BROOKS--I move that it be put on the calendar as a special order to be taken up after the other business is disposed of.

     THE PRESIDENT--There is an order of business of this kind, "Consideration of ordinances and resolutions reported from Committees."

     MR. JONES -- There is no objection, I understand, to making it a special order, but if you set it after the call for ordinances, resolutions, etc., it may not be taken up at all.

     A vote being taken the motion was carried.

     MR. MALONE--I wish to give notice that after Monday next, objection will be made to all leaves of absence.

     MR. BROWNE--For the purpose of moving to amend the resolution passed awhile ago providing that five copies of the official stenographic report be deposited in the office of the Secretary of State, I move a reconsideration of the vote by which that resolution was adopted. The resolution is No. 25.

     A vote being taken the motion to reconsider was carried.


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     MR. BROWNE--I now move to so amend the original resolution as to provide for five additional copies of the stenographic report, to be placed in the Supreme Court Library.

     The question being put upon the motion to amend, the amendment was adopted; upon a further vote the original resolution, as amended, was then adopted.

     MR. WILSON (Clarke)--I ask leave to introduce a resolution, and to have it referred to the Committee on Rules.

     The leave was granted.

     Resolution No. 141, by Mr. Wilson of Clarke:

     To amend sub-division 6 of Rule 22.

     Resolved that sub-division 6 of Rule 22, be amended so as to read as follows:

     6. Call of the roll in alphabetical order for the introduction of resolutions, memorials, petitions and ordinances, and their proper reference. But if the roll call is not completed by 10:30 o'clock of any day, the Convention shall at that hour proceed with the next regular order of business.

     Referred to Committee on Rules.

     MR. GREER (Calhoun)--I now renew my motion to adjourn.

     Before putting the motion to adjourn, announcements of the various committee meetings were made, and thereupon the Convention adjourned until 12 o'clock Monday, June 10th, 1901.

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CORRECTION.

     Fourteenth day's proceedings, Ordinance No. 332, by Mr. Blackwell, in section 4, make same read "* * * entitled to vote under the laws of State or Territory wherein he resided."

     In section 5 make same read "Every ballot shall be numbered in the order in which it shall be received."