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TWENTY-FOURTH DAY
________

                                                                                                                             MONTGOMERY, ALA.,

                                                                                                                             Wednesday, June 19, 1901.

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

     O Lord, Our God, who halt made and who rulest all, be among us, we beseech Thee, enlightening with Thy light and sustaining with the compassions of Thy power. Defend us from the perils of the ignorant, and from the pitfalls of the proud. Keep far from us the spirit of the oppressor, and the touch of the unholy, that the glory of our hearts may be found in the welfare of the people, and that the fruitage of our labors may be garnered in the lasting harvests of their security and dignity and peace. Uphold us with Thy truth!

     Bring to every member of this House O Father, the blessings of Thy tender and constraining care. Where there is sickness or death or sorrow vouchsafe the sweet deliverance of Thy comfort and Thy strength. Within the homes of all who labor here, bring the swift defenses of Thy love, and keep us all for Thine own forever! We ask it in the name of Jesus Christ, our Lord. Amen.

     Leave of absence was granted Mr. Opp of Covington for Monday last.

     The report of the Committee on the Journal was read, stating that the Journal for the twenty-third day of the Convention had been examined and found to be correct.

     Upon motion of Mr. Graham of Talladega the report was adopted.

     THE PRESIDENT--The Secretary will call the roll of Delegates for the introduction of ordinances, resolutions, etc.

     MR. GRAHAM (Talladega)--I desire to call attention to an error in the stenographic report. The resolution introduced by myself on yesterday morning in the second line, the numbers 550,000 occurred, and the stenographic report has it $510,000. I desire to have that correction made.

     MR. ROBINSON (Chambers)--Yesterday I moved to insert the words "after twenty days." The stenographic report says "I will ask the gentleman to withdraw that a moment. I would like in line six, where the words are "his absence from the State for over 20 days." I would like to make that 12." I said


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nothing of that kind. I asked the Executive Committee to insert 20 days where there was no number of days specified.

     I also desire to correct the report where it says "you would have the enrolled bill with that item disapproved of by the Governor in the Secretary of State's office, and you would have the action on the veto in the Journal." I said would not have. There is nothing in here that I said.

     THE PRESIDENT--The gentleman's seat is a little far back and it is a little difficult for the Chair to hear him, and possibly the stenographers did not hear him.

     MR. ROBINSON--I do not desire to cast any reflection upon the stenographer at all. The delegates in this part of the House cannot hear nor be heard.

     The call of the roll for the introduction of ordinances, etc., proceeded.

     Resolution No. 167, by Mr. NeSmith:

     Whereas, this Convention, at the conclusion of its labors, should issue an address to the people of Alabama, outlining briefly the changes made and showing the superiority of the new Constitution over the one under which we are now living;

     And whereas, should a committee be speedily appointed for the purpose, such address would be better and more easily prepared.

     Therefore, be it resolved that the President of this Convention be empowered to appoint a Committee of Twelve, of which he shall be the chairman, to draft such an address.

     Referred to Committee on Rules.

     Resolution No. 168, by Mr. Oates:

     Resolved. That inasmuch as the printed acts of the last session of the General Assembly are so voluminous as to make them unwieldly and easily destructible that the Secretary of State be directed to have them bound as follows:

     The General Laws in one volume, the General and Local Laws together in two volumes, and the State Auditor is hereby authorized to give his warrant on the Treasurer for the cost of the additional bindings, at the rate provided for in the contract for the public printing.

     Referred to Committee on Schedule, Printing and Incidental Expenses.

     MR. OATES--I offer that resolution at the instance of the Secretary of State. I only have his explanation, which I will not


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undertake to give to the Convention. I stated to him after it was referred he could go before the Committee to which it was referred, and give them the explanation.

     MR. O'NEAL (Lauderdale)--I yield my place to Mr. Williams of Marengo.

     Resolution No. 169, by Mr. Williams:

     Whereas, The Convention has incurred considerable expense in obtaining a stenographic report of the proceedings of the Convention, and whereas, the wisdom of the reports appears more apparent every day, and whereas, as a ready reference the reports are a failure as they now are, and whereas, an index would add greatly to the value of the reports.

     Now, therefore, be it resolved by the Convention, that as soon as the Convention shall have adjourned sine die, that the Secretary of State be and he is hereby authorized to contract with some reliable party who shall make a complete index of said report, and shall place the same in each of the volumes of the reports heretofore ordered kept for the use of the State; and shall further cause to be printed in some paper in Alabama, the said index, so that those people of Alabama who are preserving the reports may easily obtain a copy of said index for their use and preservation.

     Referred to Committee on Rules.

     Ordinance No. 389, by Mr. O'Neill (Jefferson):

     Be it ordained by the people of Alabama in convention assembled, that no agent of any person, firm or corporation, whose place of business located in this State, shall be charged license tax by any city, town or municipal corporation in the State of Alabama to which said agent may come from the city, town, or municipal corporation when said person, firm or corporation is engaged in business to solicit business in towns to which said agent comes, in case where it would be unlawful under the interstate commerce law, if said agent or drummer represented a person, firm or corporation doing business out of the State.

     Referred to Committee on Municipal Corporations.

     Ordinance No. 390, by Mr. Spears:

     An ordinance authorizing and making it the duty of the Commissioner's Court of St. Clair County to erect a suitable court house and jail at some place in said county on the south side of Backbone Mountain whereat the courts are to be held for the trial of all causes and the transaction of all legal business originating in and pertaining to the people residing in Beats 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20 and 21 of said county.


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     1. Be it ordained by the people of Alabama in convention assembled that the Commissioner's Court of St. Clair County is hereby authorized and empowered and it is hereby made the duty of said court to erect or cause to be erected a suitable court house and jail at some place in said county on the south side of the Back Bone Mountain at which court house all the courts of said county shall be held for the trial of all causes and the transaction of all legal business originating in Beats 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20 and 21 of said county.

     2. It shall be the duty of said commissioner's court at its first regular meeting after the ratification of this constitution to take all necessary steps and make all necessary orders for the levy and collection of a sufficient amount of money by way of taxation from the tax payers and taxable property in said county to pay for the erection of said court house and jail, but all of said tax shall not be levied and collected in one year. Said court house and jail shall be completed in every way and be ready for the holding of court and the transaction of all legal business on or before the spring term of the Circuit Court of said county 1903.

     3. The General Assembly of Alabama at its next session after the ratification of this constitution shall enact all necessary laws regulating the holding of all the courts of said county at said new court house and that may be necessary to carry out this ordinance to its full intent.

     4. It shall be the duty of the probate judge of said county to order an election to be held in Beats 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20 and 21 not later than sixty days after the ratification of this constitution at which election the qualified voters living in said beats shall select a place by a ballot for the erection of said court house and jail the place receiving the largest number of votes cast at said election shall be the place where at said court house and jail shall be erected.

     Referred to Committee on State and County Boundaries.

     MR. BROWNE--I ask unanimous consent to send up and have read a communication to the committees of the convention from the Educational Association.

     The communication was read as follows:

                                                                                                                         Montgomery, June 19, 1901.

Hon.J. B. Graham, Chairman Committee on Education, Hon. Cecil Browne Chairman Committee on Taxation:

     My Dear Sirs--At a regular meeting of the Alabama Educational Association Tuesday, June 18, the following resolution was adopted:


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     Resolved, That the hour of 4:30 p. m. Wednesday be the hour set apart for the discussion of "local taxation for school purposes" and that a committee be appointed to invite the Constitutional Convention Committees on Education and Taxation, to meet with this association at that hour.

     The following committee, in accordance with above resolution, have the honor to invite your and your committees to be present at the above named hour, and we trust you will be with us and participate in the discussion.

                                                                                                                  Respectfully,

                                                                                                                              J . D. Humphrey,

                                                                                                                              J. W. Abercrombie,

                                                                                                                              C. C. Thach,

                                                                                                                              J. Savage,

                                                                                                                              J. B. Cunningham.

     MR. BROWNE--I now ask that the communication lie upon the table, and that all the members of the Committee on Taxation who are able to do so, will attend.

     MR. GRAHAM (Talladega)--I would like to amend that by stating that the place of speaking is at the Girl's High School on. Lawrence Street, about four blocks from the postoffice.

     MR. STEWART--I yield my call to Mr. Greer of Perry.

     Resolution 170, by Mr. Greer (Perry):

     Resolution of welcome to the Alabama Press Association.

     Whereas the Press of Alabama is recognized as the most potent factor in disseminating information and in moulding public opinion throughout every county, city, town, hamlet, and rural district of the State of Alabama, and

     Whereas, the Press of Alabama, as a majority, has ever been found on the side of the people, and of law and order, on all questions affecting the public weal, and in no time in its history has it failed to secure an endorsement of its fight for right, law and justice, and

     Whereas, this Constitutional Convention owes in a large measure this assembling of the representatives of the people to the efforts of the Press of Alabama whose voice was almost an unit for the call of the convention, and

     Whereas, a close scrutiny of the columns of the State Press will show that it is today promulgating every act of this convention, discussing, and dissecting the same, so that each and every


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voter may be enabled to vote intelligently on the question of endorsement or refusing to endorse the action of this convention, and

     Whereas, The Alabama Press Association will meet in annual session in the city of Montgomery on Thursday and Friday of this week.

     Therefore, be it Resolved, by the people of Alabama in convention assembled, That the editors, their wives, daughters, sons and friends, composing this Association, be extended an invitation to attend upon the meetings of this convention during their stay in this city.

     Be it further resolved, That this convention invite the criticism of the Press of Alabama with reference to the arduous task now confronting this body, in formulating a new organic law, believing as we do that these intelligent criticisms will redound not only to the ratification of our acts, but that the people will thereby be apprised of the efforts now being made by their representatives to fulfill their duties honestly, fearlessly and conscientiously.

     Be it further resolved, That this convention extends best wishes to those members who shall take the happy outing to the Pacific Coast, and that their trip may prove one of pleasure and of profit, and that they may return to their homes feeling that they have been rewarded in garnering information that will aid them in their progressive strides towards placing their State at the head of the realm, in progress and education, as she now stands in natural resources, and acknowledged possibilities.

     Referred to Committee on Schedule, Printing and Incidental Expenses.

     MR. GREER (Perry)--I move that the rules be suspended and that the resolution be put upon its passage.

     MR. deGRAFFENREID--I move as a substitute that it be referred to the Committee on prayer.

     THE PRESIDENT--The ordinance will be referred to the Committee on Printing, Incidental Expenses, etc. (Laughter).

     Ordinance No. 391 by Mr. Whitesides:

     Be it ordained by the people of Alabama in convention assembled, That the legislature shall make no discrimination against any business trade, occupation or profession in requiring a privilege tax where the purpose of the privilege tax is to raise revenue only.

     Referred to Committee on Legislative Department.


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     MR. WATTS--I move a suspension of the rules so as to proceed to the consideration of the report of the Committee on Executive Department.

     THE PRESIDENT--The clerk states that he has only a few names on the roll.

     Upon completing the roll call, Mr. Watts renewed his motion, and upon a vote the rules were suspended, and the convention proceeded to the consideration of the report of the Committee on Executive Department.

     THE PRESIDENT--The convention had under consideration at adjournment yesterday, section sixteen of the report of the Committee on Executive Department, and the committee offered an amendment. Thereupon the gentleman from Mobile, Mr. Pillans, offered and had read a proposition for the information of the house, which he proposed to offer subsequently as an amendment.

     MR. O'NEAL (Lauderdale)--Before taking up that amendment, I desire to call the attention of the Committee on Executive Department and the house to an ommission in a section which we have already adopted, and which I think they will readily agree to correct. In line six of section fifteen it is provided in case of the impeachment of the Governor, his absence from the State, etc., and it ought to be amended by adding for more than twenty days. Mr. Robinson undertook to call the attention of the convention to that omission, but somehow it seems to have been misunderstood. Now, under the section as it stands, one day's absence of the Governor would authorize the Lieutenant Governor to take charge of the office, and I am sure that was not the intention of the committee, and it was purely an oversight, and I am satisfied they will agree to the correction.

     MR. JONES (Montgomery)--The Committee has not the slightest objection to the correction, so as to eliminate the possibility of doubt. They do not think that it is necessary, as it is covered in another place, but they ask that the house unanimously allow the correction to be made.

     MR. ROBINSON--I will ask the Committee if I did not offer that identical matter on yesterday, and they refused to accept it?

     MR. JONES (Montgomery)--Mr. President we could not hear what the gentleman wanted, but if we were wrong yesterday, we are right today, and we are willing to confess whenever we are in error.

     MR. ROBINSON--I am glad to hear it. It is suggested however, that the report of the Committee ought to be considered by the convention.


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     THE PRESIDENT--The matter is not in order without a suspension of the rules.

     MR. JONES (Montgomery)--I hope the convention will allow it.

     MR. O'NEAL (Lauderdale)--I move a reconsideration.

     MR. OATES--Would it not be in order by unanimous consent? There is no one objecting to it, and by unanimous consent it could be put in without any reconsideration.

     THE PRESIDENT--It seems to the Chair after matter is passed, that it can only be attained by a motion to reconsider the action of the convention.

     The motion to reconsider the vote by which the section was adopted was carried.

     THE PRESIDENT--The question is on the amendment offered by the gentleman from Chambers,---

     MR. ROBINSON--I have the amendment here.

     THE PRESIDENT--Or the gentleman from Lauderdale?

     MR. O'NEAL (Lauderdale)--The clerk has it.

     The amendment was read as follows:

     Amend Section 15, line six, by adding after the word State, in line six, "for more than twenty days."

     Upon a vote the amendment was adopted, and upon a further vote Section 15 as amended was again adopted.

     THE PRESIDENT--The question is on the amendment offered by the gentleman from Montgomery to the amendment proposed by the Committee to Section 16.

     The amendment was read as follows: Committee's amendment--Amend Section sixteen, line two, by adding after the words Alabama, the words "under such regulations as it may prescribe."

     Mr. McDonald's amendment to the amendment was read as follows: "To amend Section 16 of Article V, by adding the following words: "The request in writing hereinbefore provided for shall be verified by the affidavit of those making such request and the Supreme Court shall prescribe the rules of practice in such proceedings, which rules shall include a provision for the service of notice on the Governor of such proceedings, and the method of taking testimony."

     Upon a vote being taken, the amendment to the amendment was adopted.


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     MR. JONES (Montgomery)--The gentleman from Mobile offered a suggestion on yesterday, and I understood perhaps he would write it out, and I think possibly the article would be better if his suggestion were incorporated in it.

     MR. PILLANS--I wrote it out and sent it up, but the latter part is covered better by the amendment which has just been adopted, and I withdrew the latter part of my amendment.

     MR. WATTS--I have an amendment.

     THE PRESIDENT--The Chair will inquire of the gentleman from Mobile whether his proposition applies to the amendment to the amendment proposed by the Committee, or to the Section?

     MR. PILLANS--It applies to the first part of the report. The part that was alluded to by the Chairman of the Committee.

     THE PRESIDENT -- The question now will be upon the adoption of the amendment proposed by the Committee to the Section as amended.

     MR. PILLANS--I thought that had been covered by the adoption of the amendment of the gentleman from Montgomery.

     THE PRESIDENT -- The amendment to amendment has been adopted, but the amendment to the Section has not been acted on.

     MR. O'NEAL, (Lauderdale)--I desire to offer an amendment to the amendment of the gentleman from Montgomery.

     THE PRESIDENT -- The Secretary will read the amendment.

     The amendment was read as follows: Amend by adding after the word Governor "or other officer administering the office."

     MR. O'NEAL--The amendment is just this. He provides for notice to be served on the Governor, and I provide for notice to be served on the Governor or other officer administering the office.

     MR. McDONALD--I accept that.

     The amendment to the amendment upon a vote was adopted.

     MR. PILLANS--Now, Mr. President, I offer the amendment to which I alluded yesterday.

     THE PRESIDENT--The amendment offered by the Committee has not been acted upon. Is the Convention ready for the question on the amendment offered by the Committee?


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     Upon a vote being taken, the amendment offered by the Committee, and as amended by the amendment, was adopted.

     MR. PILLANS-- I now offer the amendment which was accepted by the chairman of the Committee, and which is merely to make the language consistent.

     THE PRESIDENT--Please send up the amendment.

     MR. PILLANS--The amendment is in the hands of the Clerk.

     The amendment was read as follows: Resolved, That Section 16 of Article V be amended as follows, by adding after the word "shall'' in the first line of Section 16, and before the word "become," in that line, the words "appear to have" so that the said line will read "if the Governor or other officer administering the office shall appear to have become of unsound mind."

     Upon a vote being taken the amendment was adopted.

     MR. WATTS--I now offer an amendment.

     The amendment was read as follows: Amend Section 16, Executive Department, by inserting after "minutes" in line five, the following, "and when said investigation shall be ordered the officer next entitled to the office of Governor, according to the provisions of Section 15, shall assume the duties of said office, and discharge the same until said investigation shall have been concluded and decision rendered therein."

     MR. WATTS--The object of that amendment is, because as I understand this Section there is no provision made for the occupancy of the office of Governor while the investigation is being carried on, and the object of that amendment is simply to provide for that hiatus.

     MR. SAMFORD--I simply desire to say in reply to the gentleman from Montgomery that the proposition he makes here, or the amendment he proposes, might oust the Governor of Alabama from his seat for an indefinite period, without any adjudication whatever as to his sanity or insanity, and that it is a marvelous proposition, it occurs to me, to let two or three men get together and say that the Governor of Alabama is of unsound mind, or appears to be of unsound mind, and therefore, Mr. Lieutenant Governor, you walk into the office and take charge of it, until this matter can be adjudicated by the Supreme Court of Alabama, and for that reason I do not think that amendment is a good one.

     MR. JONES--I dislike very much to dissent from any proposition made by my friend from Montgomery, Mr. Watts, who is always level-headed, except sometimes when he differs with this Committee, but, the Committee carefully considered that and if the members remember it provides that when two officers swearthat the Governor appears to be of unsound mind, the Supreme Court shall investigate it. Now, if the amendment offered by my


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friends from Montgomery is adopted, whenever two men swear that he appears to be of unsound mind, ipso facto he is put out of office, because the Supreme Court, when the matter is brought to its attention in that way is bound to investigate it, and the Commitee thought better to leave that matter alone, than to have any provision for suspending him pending the investigation. If a sad case of that sort arises, the Supreme Court would certainly end it in a day or two, and the State could not come to any great harm; certainly not as much as if it were put within the power of two officers to swear that a man is crazy, and ipso facto put him out until the Supreme Court decides he is sane. Therefore, I hope the amendment will not be adopted.

     MR. OATS--I understand your objection is that the proposition is to put the Governor out before he is determined to be insane--you want to let him hold office until it is determined he is insane.

     MR. JONES--That is exactly the proposition.

     MR. deGRAFFENREID--I move to lay the amendment of the gentleman from Montgomery on the table.

     The motion to table was carried.

     MR. SAMFORD--I move that the Section as amended be adopted and on that I call for the previous question.

     MR. PARKER (Elmore)--I rise to a question of inquiry.

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

     MR. PARKER (Elmore)--Has not the Committee overlooked an amendment which was proposed by the Committee in its report of June 10th, and ought that not to be considered at this time?

     THE PRESIDENT--The chair does not remember that the rules specifically prescribe as to amendments by the Committee, but that is the order in which they are usually considered, and it is the order in which we are considering them.

     MR. PARKER (Elmore)--The point of inquiry is that it seems to me the supplemental report, or the amendment offered by the Committee on June 10th, has not been disposed of. We are about to adopt this Section as a whole, and I call attention to it.

     THE PRESIDENT--The gentleman calls attention to the fact that the amendment proposed in the supplemental report of the Committee has not been disposed of.


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     MR. JONES (Montgomery)--The gentleman is correct: I will read it

     THE PRESIDENT--Unless the gentleman withdraws his call for the previous question.

     MR. SAMFORD--I withdraw for that purpose.

     MR. JONES (Montgomery)--If the Chair will permit me, I will read the amendment proposed, and which in the discussion was lost sight of.

     "When the incumbent denies, that the Governor or other person entitled to administer the office, has been restored to his mind, the Supreme Court at the instance of any officer named in Section 15, shall ascertain the truth concerning the same, and, if the officer has been restored to his mind shall so certify on its minutes and file a duly certified copy thereof which the Secretary of State, and in that event his office shall be restored to him."

     THE PRESIDENT--The question now is upon the amendment offered by the Committee, which has just been read in the hearing of the Convention.

     The amendment was adopted.

     MR. SAMFORD -- I move the adoption of the Section, so amended, and on that I call for the previous question.

     The motion was withdrawn by request.

     MR. FERGUSON--I desire to ask the Chairman of the Committee if the plan here proposed supersedes an inquiry by a Court as to the sanity of the Governor.

     MR. JONES (Montgomery)--I do not think it would interfere in any case where his mere personal concerns were involved--property and other matters of that sort--but it was the purpose of the Committee to have this delicate matter, so far as it affects the powers of the Governor, determined by the Supreme Court, and no other tribunal; and this is what they believe they have affected by the Section in question.

     MR. FERGUSON--I desire to offer an amendment.

     THE PRESIDENT--Does the gentleman from Pike yield?

     MR. SAMFORD--No sir.

     THE PRESIDENT--The question is on the motion---

     MR. FERGUSON -- He had yielded the floor to me, Mr. President.


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     MR. O'NEAL--I rise to a point of order. The gentleman from Pike yielded to the gentleman from Jefferson and had withdrawn his motion temporarily.

     MR. SAMFORD--I have no objection in the world to the amendment if the gentleman wants to offer it.

     THE PRESIDENT--The understanding of the Chair was that the gentleman from Pike yielded to the gentleman from Jefferson for the purpose of asking a question of the Chairman of the Committee.

     MR. SAMFORD--I now yield to him for the purpose of offering the amendment if he desires to offer it.

     Amendment by Mr. Ferguson

     Provided, however, that if any court of competent jurisdiction in this State, upon inquiry into the same shall ascertain according to the rules of law in such cases, that such Governor, or any of said officers in said line of succession and exercising said office, is of unsound mind. the mode of inquiry first above set out shall be deemed unnecessary; and the certificate of the Judge or Clerk of such Court adjudging such fact shall the 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 Governor, until the Governor or such other officer is restored to his mind.

     MR. SAMFORD--I move to lay the amendment of the gentleman from Jefferson on the table.

     A division was called for by a vote of 63 ayes to 24 noes, the amendment was tabled.

     MR. SAMFORD--I now renew my motion to adopt the Section as amended, and upon that I call for the previous question.

     The previous question was ordered, and upon a further vote Section 16, as amended, was adopted.

     Section 17 was read as follows :

     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.

     MR. JONES--I have sent up to the Clerk's desk a substitute for that Section, which I ask the Clerk to read.


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     THE PRESIDENT--Is it proposed by the Committee?

     (Mr. Burnett endeavored to secure recognition).

     MR. JONES--Yes, sir.

     THE PRESIDENT--Does the gentleman yield?

     MR. BURNETT--Yes; the substitute may be acceptable.

     THE PRESIDENT--The Chair has recognized the gentleman from Conecuh, but he understands that he withdraws his amendment temporarily.

     The substitute for Section 17 was read as follows :

     Strike out Section 17, as now written, and insert in lieu thereof the following words:

     Sec. 17.--The Lieutenant-Governor, President pro tem of the Senate, Speaker of the House, Attorney-General, State Auditor, Secretary of State, and State Treasurer, while administering the office of Governor, shall receive like compensation, and no other than that prescribed by law for the Governor.

     MR. OATES--I call attention to the fact that the convention has stricken out the word State preceding Auditor and Treasurer heretofore.

     MR. JONES--I remember that very distinctly, and some of us think we yielded too precipitately in deference to the suggestion of the gentleman from Montgomery (Mr. Oates). If it is necessary to bring that matter up again we will bring it up now.

     THE PRESIDENT--The question is on the adoption of the substitute proposed by the committee.

     Upon a vote being taken the substitute was adopted.

     Section 18 was read as follows :

     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.

     MR. JONES--This is the exact phraseology I believe of every constitution we have ever had, and unless some gentleman wishes to amend it, I move that it be adopted as read.

     The motion was carried and the section adopted.

     Section 19 was read as follows :

     Sec. 19. The Governor shall be commander-in-chief of the militia and volunteer forces of this State, except when they shall be called into the service of the United States, and he may call


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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.

     MR. JONES--I move the adoption of the section.

     MR. PARKER (Elmore)--I call the attention of the committee or its chairman to what seems to be a misprint in the phraseology of that section. It has the word "they" in the second line, and it ought to be the word "he".

     MR. SAMFORD--That refers to forces.

     The section was thereupon adopted.

     Section 20 was read as follows :

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

     MR. SANDERS--I have an amendment.

     THE PRESIDENT--Does the amendment proposed by the gentleman relate to the amendment proposed by the Committee?

     MR. SANDERS--No sir.

     A vote being taken upon the amendment proposed by the Committee, the same was adopted.

     Amendment by Mr. Sanders (Limestone) was read as follows :

     Amend Section 20 by adding after the word "office" in the second line, the following words: "created during said term."

     Mr. President, it will be noted that the section as reported by the Committee disqualifies any member of the legislature during his term from appointment to any office within this State. The amendment as proposed by myself disqualifies member of the General Assembly only to such offices as shall be created during the time for which they are elected. I think, Mr: President, that the ends sought will be obtained by adopting the amendment. A member of the General Assembly attends upon the session fifty days and is generally through with the discharge of his duties as a member on the termination of that session. I can conceive, Mr. President, that it may be very desirable to appoint a member of the General Assembly to a constitutional office in Alabama which shall become vacant by death or other reason during his term.

     The object sought, Mr. President, is, to remove members of the General Assembly front a possible undue influence exercised upon and over them by the Chief Executive. I don't see, Mr.


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President, that that can apply where vacancies shall occur in constitutional offices of the State, such vacancies usually occurring by death, insanity, removal from the State for some cause. That cannot occur during the session of the Legislature, and therefore the influence which the Chief Executive may bring upon the members cannot apply to such case, and I therefore think the amendment is wise, and that it may be very desirable in this State to appoint at some time a member of the General Assembly to some office in the State which he has not helped as a member to create.

     MR. THOMPSON (Bibb)--I desire to offer a substitute for the amendment of the delegate from Limestone. Sec. 20. No member of the General Assembly shall during the term for which he shall have been elected, be appointed to any office of profit in this State which shall have been created or the emoluments of which shall have been increased during the term for which such member shall have been elected.

     THE PRESIDENT--The question is on the amendment of the gentleman from Bibb to the amendment of the gentleman from Limestone.

     MR. PETTUS--I rise to question of inquiry. Did the gentleman from Bibb offer that as an amendment to the amendment of the gentleman from Limestone, or a substitute for the entire section and amendment.

     MR. THOMPSON--As a substitute for the entire section and amendment.

     MR. PETTUS--Then it is out of order because it is in the nature of an amendment--I withdraw the point of order.

     MR. THOMPSON--It will be observed by a casual reading that the amendment is simply the provision of the old constitution though it is included here in the article on Executive Department where in the old constitution it is in the article on Legislative Department. It is copied word for word from the State Constitution of 1873 as it stood, and I submit that it is not necessary to prevent good men from becoming members of the General Assembly to disfranchise them, in effect to disqualify them for any office. The General Assembly is not one that is so very attractive any way, and when a man knows that on the acceptance of a place in the lower house that he is disqualified from appointment to any office for two years, he would be very loath to accept it; and, on the other hand, if it was a place in the Senate to which he might be the unanimous choice of his district, if he had any idea of succeeding the Circuit Judge of his Circuit, his Solicitor, his Probate judge, in case of a vacancy he would stop and think several times before he placed himself in the attitude of being ineligible to such appointment should the necessity for one arise. I do not think there is any very good reason for the


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CONSTITUTIONAL CONVENTION 1901

section as it exists in the report of the committee on Executive Department. It has been said here that we should be slow to make changes in the present constitution, and these changes should not be made without there existing very good reasons for them, and I am unable to see any good reason for the section as proposed by the committee. The amendment proposed by the gentleman from Limestone is all right, but it does not go far enough, it does not put sufficient restrictions around the General Assembly.

     MR. SANDERS--May I ask the gentleman a question.

     THE PRESIDENT--Does the gentleman from Bibb yield?

     MR. THOMPSON--Yes sir.

     MR. SANDERS--In what respect does it modify mine?

     MR. THOMPSON--Simply adds no gentleman shall be appointed to office the emoluments of which shall have been increased by the Assembly of which he was a member.

     MR. SANDERS--I accept the amendment.

     MR. THOMPSON--And I hope the convention will adopt this section instead of the section proposed by the committee.

     MR. CUNNINGHAM--Wisely or unwisely this convention has been placing restrictions upon gentlemen who have been elected to high office. A proposition is now pending not to apply that rule to members of the General Assembly. I believe Mr. President that if we can not risk the Governor in the full and complete discharge of his duties, that he might be a candidate to succeed himself or go to the United States Senate: I cannot see any superior excellence in a member of the legislature that would prevent him from voting in a certain direction in keeping with the Executive idea. I for one, believe that the Governor of the great State of Alabama is equal in integrity and in patriotism to any member of the Legislature, and as we have committed ourselves to the policy of restricting the Chief Executive and other State officers, it seems to me that the reasons are still more urgent that we should restrict the members of the legislature. There are members of the legislature. There are members on this floor, Mr. President, that have run up against this question, and have had experience upon it and I challenge any member on this floor to point us to a single instance where the Chief Executive of the State had a question in mind that he desired to be enacted into law, that any member of either house who was at the time a candidate for office, where the appointment was to be made by the Executive, voted contrary to the Executive's wishes. It sometimes happens that a Senator or a member of the house is a candidate for Railroad Commissioner. It places such a legislator in a very embarrassing position to be forced to oppose the appointing


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OFFICIAL PROCEEDINGS

power if the appointing power advocates a certain line of legislative policy. If there should happen to be a solicitor or a judge upon whose life it would seem the Almighty had placed his hand, and that in a short time he may have passed away from this earth to his reward, there might be Senators and representatives that would aspire to fill the position and for that reason would not like to run counter and oppose the Executive idea. We have gone so far, Mr. President, as I understand it to allow the Executive to suggest amendments to bills which he has vetoed, and which if amended he would approve. It does seem to me that this is far enough, and while I do not bring into question the motives of any Senator or Representative that may have represented his district or county in the past or may in the future, it has been my observation that gentlemen of either house who are candidates for office usually ride in the band wagon of the Chief Executive. That being the case, I want to untie the hands of the General Assembly so there can be no cudgel either justly or unjustly wielded over their heads. I hope the amendment offered by the gentleman from Bibb will be defeated and I move to lay it upon the table.

     MR. OATES--Will the gentleman withdraw the motion a moment.

     MR. CUNNINGHAM--I withdraw the motion.

     MR. OATES--I will renew it--perhaps a little enlarged. Mr. President, this section properly belongs to the Legislative Department, and it has been before that Committee, and elaborately considered and amended by the insertion of one word which that Committee thought would meet the objections to it as it stood, and as I am decidedly in favor of that, I think it the proper place for it, though not wholly inappropriate here as it relates to the Governor, yet it relates more particularly to the Legislature, and the eligibility of members for appointment to certain offices the restrictions to which are it seems to me, more explicitly stated, and with all due respect to the Committee and gentlemen who have offered amendments, I move to lay the section of the Committee as reported, with the amendments, on the table.

     MR. JONES (Montgomery)--I hope the gentleman will withdraw that. The Committee has not said a word.

     MR. OATES--I will certainly do so for the purpose of allowing the chairman of the Committee to be heard.

     THE PRESIDENT -- The Gentleman from Montgomery (Oates) withdraws his motion to table, in order that the Chairman of the Committee may discuss the question.

     MR. JONES (Montgomery)--So far as this matter concerns the appropriate place in the Constitution, it seems to me that it is entirely appropriate either in the Executive or Legislative


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CONSTITUTIONAL CONVENTION, 1901

Article. We have the matter before us, and we can settle it now. While I yield great deference for so influential a committee as that on the Legislative Department, I do not see why this convention should suspend judgment because that Committee, which has not yet reported, thinks it has something better than we now have. If that Committee has something better let them bring it forward, and if it meets the wishes of the Convention the amendments will be accepted. I only wish to add one word to the forcible argument which has been made by the gentleman from Jefferson (Cunningham). One of the best ways to test a principle is to observe its practical working. I may perhaps be pardoned for referring to some advice that a very wise politician gave me some years ago, when I had a troublesome office, which had many appointments to make. He said: "You have three Railroad Commissioners to appoint. There are as many as 100 applicants. The members of the General Assembly are urging this one and that one. If you have any legislation that you want to get through, don't you appoint these Railroad Commissioners until the end of the session, because if you do you will be torn to pieces. If you will hold those appointments--not announce what you will do--but keep them until the end of the session, you can do almost what you please during the session as to any honorable or fair proposition that you want and hold the two Houses in the hollow of your hand." Mr. President, there have been times when this power of the Governor to appoint--the power of the Governor to make members of the two Houses believe that they would ingratiate themselves in his favor by supporting bills and measures he favored--would be repaid in the future by appointments to office, has, so to say, made a Governor master of both Houses of the people was reversed, and their intense longing for the will of the people was reversed, and their intense longing for a Constitutional Convention was throttled in the very Houses which gave it birth. For reasons like these the Committee believe this is a wise provision to put in the Constitution. It is in the Constitutions of other States with late experience of that subject. We wish as far as we can--while it may operate harshly in particular instances--to get men to come to the Legislature who come here to work for the welfare of Alabama, and not to get an office. How many elections for Solicitors have we seen where good men on the outside, competent men on the outside, were defeated by some member of the Legislature who had the power to traffic and trade in offices; and if this Convention, as I believe is its desire, wishes to improve the standard of political morality in this State, don't let us vote down a proposition like this.

     MR. OATES -- I desire to read Section 17 of the present Constitution.

     Section 17--No Senator or Representative shall, during the terms for which he shall have been elected, be appointed to any


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OFFICIAL PROCEEDINGS

civil office of profit under this State, which shall have been created or the emoluments of which shall have been increased during such term, except such offices as may be filled by election by the people.

     It is probably not out of place, as I refer to this having been amended by the Committee on Legislative Department to show wherein it has been changed. It will read: "No Senator or Representative shall during the term for which he shall have been elected, be appointed to any civil or military office, etc." That is the only change proposed to be made by that Committee. I renew the motion to table.

     MR. JONES--On that I call for the yeas and nays.

     MR. CUNNINGHAM--I call for a division of the question.

     THE PRESIDENT--The gentleman from Montgomery has the floor.

     MR. OATES--I am not disposed to throttle debate, and I will withdraw the motion to table.

     MR. CUNNINGHAM--Then I renew it, to table the amendment.

     THE PRESIDENT--The gentleman from Bibb (Mr. Thompson) has the floor.

     MR. THOMPSON -- Mr. President and gentlemen of the Convention, I regret that I have to differ with the most distinguished men of this Convention, but, like them, I have my views upon this subject, and I think that opinion is formed without prejudice to any man, and not backed by passion or anything but what is for the future best interests of Alabama. Now as to the arguments of the distinguished gentleman from Montgomery, not one word, Mr. President, is applicable to this case. In the instances cited by him, it was not an appointment sought by any member of the General Assembly, but appointments sought by outsiders, who he argues were urged and supported by members of the General Assembly. Then, if he is right his Section has no effect. Why not, if the distinguished chairman of the Committee wants to carry out his purpose, make it a criminal offense for any member of the General Assembly to recommend any man to the Governor of Alabama for office, then he will reach his point, and not until then. His argument does not fit this case. He is simply working a past prejudice.

     MR. JONES--I used it simply as an illustration of the power where they urged other people, still more so when they happen to be candidates themselves.

     MR. THOMPSON--I submit that his illustration does not illustrate. No, Mr. President, and gentlemen of the Convention,


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CONSTITUTIONAL CONVENTION 1901

I hope the membership of this Convention will stop and think for one moment, and not be carried off their feet by any prejudice that may exist against any man that was Governor of this State in days gone by. Mr. President, it is to be hoped that the Civil War is over. It is to be hoped that some of our former political campaigns are over, and that memories of them are dead and gone. Are we going to frame this Constitution upon what may have been our political alignment in a former political fight? That is the whole force of the gentleman's argument. Now, the question is this: Will we say to some of the best men in the Counties that you shan't come to the General Assembly if you have any hope whatever of holding any office in your County that may become vacant during the time for which you are elected. Why, in some of the smaller Counties--they may not be so favorably situated as the County from which the distinguished Chairman of the Committee comes, they may not have numbers and numbers of men to select from, the people of that County might be unanimous for one man for the General Assembly and unanimous for another for the State Senate, and that man then by the acceptance of that office disqualifies himself from holding any place by appointment from the Governor of Alabama. Gentlement of the Convention, stop and think about that thing for a moment. In the words of .my friend from Walker (Mr. Long) probably it may not be the big six, but the big three, against me on this proposition, Mr. President, but I believe I am right just the same, and I hope that the delegates on this floor will consider this proposition carefully and thoughtfully and vote for the amendment.

     MR. LOWE--Mr. President, it is with some degree of pleasure to myself that I can feel that I am in accord with the Committee on Executive Department. I dislike to differ with my friend from Limestone, who I believe to be always conservative, and who is the author of this amendment. I believe that the report of the committee should be adopted, and I believe that the reasons which inspired the committee to make the report upon this particular section, should even yet act upon the committee and make them withdraw or modify the report that they succeed in passing here in this House on yesterday. On yesterday they succeeded in passing through this House a proposition that gave to the Executive power exceeding that of any dozen or more members that the people send here. Today, by their report, they recognize the fact that there should be limitations placed upon the power of the Executive. The reason for it, Mr. President, is more readily understood by those who have had experience than it can ever possibly be stated or explained. We know the power of the Executive. We know that it is insinuating in its nature. We know that it travels no beaten path. We know that it finds its mark in the way most open and most plain to it.


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OFFICIAL PROCEEDINGS

     When for the first time in all of the history of representative government, so far as I know, you give the Executive the right practically to sit upon the floor, and amend legislation, and then if you go further and allow that Executive to select from among the members of that Legislature his appointees to office, you know you put into one man's hands the power to run your State. It seem's so plain to me, I do not see why men should differ about it. Why isn't it wise and well to preserve the separate departments of the government, distinct and independent of each other? Why isn't it well to say in the language of the committee, that the Governor shall not go upon the floor of the House to select his appointees? It may never happen that Alabama will ever need one of them, or one of us, to fill any public office in her gift. There are eighteen hundred thousand people in Alabama. They will never need one of the Legislative Department to fill any public office, for there are as good men out of the General Assembly as will ever be sent to it. It will not only keep up the lines of demarkation between the departments, but make them stronger. The man who is willing to serve the State as a legislator--and it is always a matter of self-sacrifice--ought not to be called upon again to surrender his own interests and serve the State in some other capacity. There will never be a time in Alabama, or in any county in Alabama--and my friend from Bibb need not be disturbed--that there will not be found worthy men in every county and every precinct in Alabama fit to serve in any capacity to which the people may call them. I think the report of the committee should be adopted, and I think the committee ought to recognize that provision is inconsistent with their provision of yesterday, whereby they ought to tear down the lines of demarkation between the departments.

     MR. CUNNINGHAM (Jefferson)--I will briefly and courteously criticise the position taken by the delegate from Bibb, that the dead past should bury its dead. The advantage that one civilization has over previous civilization is the lessons of the past; the things that are good, as examples to be followed, and the things that are evil, as examples to be shunned. We can do this without mentioning names and instances, and calling to mind certain particular things. That could be done on this occasion, but propriety and good taste forbid it. I will never submit nor subscribe to the proposition that if in going a certain path I run up against a stone wall, that should I start out again I should not take another path or have the stone wall removed. Therefore, I say that it is the duty of this Convention to apply the lessons of the past, it matters not whence nor where they come, nor what the motive, to the future, and I subscribe to every word that has been uttered here by the committee, and by my colleague from Jefferson, that there is no reason why we should exempt a member of the Legislature from these inhibitions and restrains and


715

CONSTITUTIONAL CONTENTION, 1901

yet enjoin upon and require them of the Chief Executive of the State. I now renew my motion to lay the amendment on the table.

     MR. REESE--The gentleman has spoken several times an this motion.

     MR. CUNNINGHAM--Twice, which I have the right to do under the rules. I will withdraw my motion.

     MR. REESE--Mr. President, movements for reform are frequently accompanied by much danger. There is sometimes a prevalence of views that leads up to an extreme at tunes, and we are apt to act incautiously. I think the adoption of this change, and I regard it as a radical change. Mr. President, might be serious for it changes a doctrine that has existed since the foundation of the government and we should contemplate to some extent the results that may follow such radical movement as the one now suggested.

     Conditions in the recent past unfortunately have been frequently referred to upon this floor. I deem it unfortunate that a recent administration of the affairs of this State should have been the occasion of such frequent remarks. I differed radically with the policy of the last administration but I have always recognized and recognize now the ability of the recent Governor of Alabama, although I opposed him in politics.

     Mr. President, the prejudices that arose in recent campaigns are not to be called on upon this floor to lead us into doing something we should not. This proposition here eliminates from service upon the floor of the Halls of our legislative bodies some of our ablest men. Conditions now in Alabama are such that we are not able to secure the services of our best men in legislative capacities. In my own county there exists and has existed in getting our ablest men. Our ablest men have been urged and pleaded with, without success, to take these offices. We urged and pleaded with our ablest men from Dallas to come here and fill the positions on this floor that 1 and my colleagues are now filling, without success. The only candidates before the people of Dallas County were the men who occupy position on this floor today. Every man who was a candidate before the people of Dallas County occupies a seat in this Convention hall.

     Now, Mr. President, this is not an attractive eposition. It is a field that is without adequate compensation. Most of us who come here in some way or other spend $4 a day and neglect our important business at home and if you further the curtailment and elimination of our men best capacitated to fill these offices, there will be greater difficulty in getting our ablest men to come. It is a fact that a member of the legislature will exercise just as much chicanery or whatever the friends of this measure choose to


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OFFICIAL PROCEEDINGS

call it, in dealing with the Governor in the interest of a friend as they will for themselves, and some of us exercise more. When a man comes to the legislature he will use his legislative vote just as much to accomplish the appointment of some other man as he will to accomplish his own appointment and he can do it with greater decency. Why, Mr. Chairman, I have heard since the organization of this Convention a gentleman who occupies a position upon this floor say that the people of the County would probably vote against the adoption of the Constitution unless a minor office in the Convention was given to an applicant in that County. That shows how far men will go in support of the claims of their friends. Mr. President, I appeal to this Convention to be conservative and not thoughtlessly rush into matters that will eliminate and disqualify many of our ablest citizens. In other words, will an able man make the sacrifice of neglecting his own business to occupy a seat upon these legislative floors if he has ambition when, by taking that seat, he surrenders his ambition for two or perhaps four years?

     MR. O'NEAL--Does the gentleman not recognize that fact that the adoption of this provision will have a tendency to increase the independence of the Legislative Department?

     MR. REESE--I do not.

     MR. O'NEAL--Does the gentleman deny that the effect of this will be to increase the independence of the Legislative Department?

     MR. REESE--I don't think it will have that effect. I think everything that has been done in the past if there have been such things done by men to get an office for themselves will be continued for the benefit of the men they represent and Mr. President, the men who seek these positions of Railroad Commissioners and Convict Inspectors and other places select their representatives and send them here upon that errand to accomplish that purpose and they will do it and when you debar honorable and capable men from being appointed to these offices it will be easy for the prospective candidates for those offices to select their men to run to represent them.

     MR. O'NEAL--Did I understand the gentleman to say that the best men do not come to the legislature?

     MR. REESE--I unquestionably did say so.

     MR. O'NEAL--If that is true, do you think it wise to allow the Governor to appoint men to high and important offices from the legislature?

     MR. REESE--The gentleman's question is an argument in favor of the proposition I make. I do not concede the last proposition made by the gentleman to be true. He evidently insinuates


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CONSTITUTIONAL. CONVENTION, 1901

that the legislature as at present organized, is composed of unfit men to these appointments and still he proposes to further lower the standard of the legislature by eliminating a great many men who are fit for offices of this kind. We do have some men in that body who have sufficient patriotism to make the sacrifice necessary to go to the legislature and those men should not be debarred.

     MR. CUNNINGHAM -- Will the gentleman permit me a question?

     MR. REESE--Certainly.

     MR. CUNNINGHAM--Does the gentleman from Dallas advance the argument that the hope of appointment to office should operate as an inducement for distinguished and able men to offer themselves as a sacrifice for service in the legislature?

     MR. REESE--No, sir, I do not.

     MR. CUNNINGHAM -- Then I misunderstood the gentleman's argument.

     MR. REESE--The proposition I desire to impress is this: That we do have a difficulty now in getting able men to go to the legislature. Sometimes some of them do come and I ask you not to put a further obstacle and handicap on them by saying to them if you do come you shan't have any office during the four or two years for which you were elected. Mr. President, I have not seen any great abuse of this as far as my observation has extended. The abuse has mostly been made by members of the legislature who are sent here by these men who want these offices and generally the influence of the legislature has been used in behalf of men who are not members of the General Assembly. Sometimes there has been an exception, probably numerous exceptions.

     MR. SAMFORD--I now move to lay the amendment of the delegate from Bibb on the table.

     MR. CUNNINGHAM-- And upon that the ayes and noes are called for.

     THE PRESIDENT -- The gentleman moves to lay the amendment of the gentleman from Bibb as distinguished from the gentleman from Limestone on the table.

     MR. SAMFORD--I understood that was accepted by the delegate from Limestone. I moved to lay both of them on the table.

     THE PRESIDENT--The ruling of the Chair is that after a motion has been placed in possession of the Convention, without unanimous consent it cannot be taken from it and the gentleman


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OFFICIAL PROCEEDINGS

from Pike moves to lay upon the table the amendment offered by the delegate from Limestone and the substitute offered by the delegate from Bibb and upon that the ayes and noes are demanded.

     MR. LONG (Walker)--I make the point of order that that motion should be separated.

     THE PRESIDENT--In the opinion of the Chair the point of order is not well taken.

     MR. REESE--Can I understand what the motion is?

     THE PRESIDENT--The motion is to table the amendment of the delegate from Limestone and the substitute of the gentleman from Bibb.

     MR. BROWNE--I make the point of order that the motion is not in order. You cannot move to lay an amendment and an amendment to that on the table.

     MR. WHITE--The gentleman from Limestone accepted the amendment of the gentleman from Bibb and therefore only a matter is before the House.

     THE PRESIDENT--In the opinion of the Chair the point of order is not well taken. The Convention can lay an amendment or the whole Section and amendments on the table. The object of laying on the table, as originally understood, is that it lies upon the table and may be taken from the table any time in the future that it is desired.

     MR. PETTUS--To meet the views of the gentleman who want to vote differently on the two propositions, I demand a division.

     MR. CUNNINGHAM--I make the point of order that the delegate from Limestone accepted the substitute of the delegate from Bibb to which acceptance there was no objection and therefore there is only one matter before the Convention.

     THE PRESIDENT--The Chair has uniformly ruled where amendment have been offered after the proposition has been placed before the Convention even amendments offered by a Committee to its own report cannot be accepted except by unanimous consent and unanimous consent was not asked in this case and the pending amendment is the amendment of the delegate from Bibb and the amendment of the delegate from Limestone, and the Delegate from Pike moves to table both amendments.

     MR. PETTUS--And I ask a division to meet the views of some of the members who want to vote differently on those two propositions.


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CONSTITUTIONAL CONVENTION, 1901

     MR. JONES (Montgomery)--I rise to point of order. There is nothing to divide.

     MR. SANDERS--If I am in order, I ask unanimous consent that the amendment offered by the delegate from Bibb may be considered as my amendment, so that we can save time.

     THE PRESIDENT--The gentleman from Limestone asks unanimous consent. Is there objection. The Chair hears none and the amendment proposed by the delegate from Limestone will be considered as having embodied in it the proposition of the delegate from Bibb.

     The amendment of the Committee and the substitute of the delegate from Bibb were read.

     THE PRESIDENT--It is moved that this amendment be laid upon the table and upon that the ayes and noes have been demanded.

     MR. BEDDOW--I rise to a. point of order, that the call for the ayes and noes has not been sustained.

     THE PRESIDENT--The question is, shall the call for the ayes and noes be sustained.

     Thereupon the call for the ayes and noes was sustained by the rising of the requisite number of the delegates.

     The result of the roll call on the motion to table the amendment of the delegate from Bibb was as follows :

AYES

                                                                      

Ashcraft,

Glover,

Lowe, of Jefferson,

Barefield,

Graham, of Talladega,

Lowe, of Lawrence,

Beavers,

Grant,

MacDonald,

Bethune,

Greer, of Calhoun,

McMillan, of Baldwin,

Chapman,

Greer, of Perry,

Malone,

Cobb,

Handley,

Maxwell,

Cofer,

Henderson,

Merrill,

Coleman, of Greene,

Hodges,

Miller (Marengo),

Cornwall,

Howell,

Miller (Wilcox),

Craig,

Howze,

Morrisette,

Cunningham,

Inge,

Mulkey,

Davis, of DeKalb,

Jackson,

Norwood,

Dent,

Jones, of Hale,

Oates,

deGraffenreid,

Jones, of Montgomery,

O'Neal (Lauderdale),

Duke,

Jones, of Wilcox,

O'Neill, of Jefferson,

Eley,

Kirk,

Opp,

Espy,

Kirkland,

Palmer,

Ferguson,

Knight,

Phillips,

Fletcher,

Leigh,

Porter,

Gilmore,

Locklin,

Reynolds, of Henry,


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OFFICIAL PROCEEDINGS

                                                                 

Robinson,

Smith, Mac. A.,

Vaughan,

Rogers (Sumter),

Smith, Morgan M.,

Weakley,

Samford,

Spragins,

White,

Sanford,

Stewart,

Williams (Marengo),

Selheimer,

Tayloe,

Winn,

TOTAL--76.

NOES

                                                                 

Messrs. President,

Haley,

Proctor,

Almon,

Harrison,

Reese,

Altman,

Heflin, of Chambers,

Renfro,

Bartlett,

Heflin, of Randolph,

Reynolds (Chilton),

Beddow,

Hinson,

Rogers (Lowndes),

Blackwell,

Hood,

Sanders,

Boone,

Jenkins,

Searcy,

Brooks,

Jones, of Bibb,

Sentell,

Browne,

Kyle,

Sloan,

Bulger,

Ledbetter,

Smith (Mobile),

Burnett,

Long, of Butler,

Sorrell,

Burns,

Long, of Walker,

Studdard,

Byars,

McMillan (Wilcox),

Thompson,

Cardon,

Martin,

W addell,

Carmichael, of Colbert,

Moody,

Walker,

Carmichael, of Coffee,

Murphree,

Watts,

Carnathon,

NeSmith,

W eatherly,

Case,

O'Rear,

Whiteside,

Davis, of Etowah,

Parker (Cullman),

Willet,

Foshee,

Parker (Elmore),

Williams (Barbour),

Foster,

Pearce,

Williams (Elmore),

Freeman,

Pettus,

Wilson (Clarke),

Grayson,

Pillans,

Wilson (Washington),

                                                                          TOTAL--68.

ABSENT OR NOT VOTING

                                                                 

Banks,

Graham, ofMontgomery,

King,

Coleman, of Walker,

Lomax,

Mulkey,

Eyster,

Norman,

Sollie,

Fitts,

Pitts,

 Spears,

     So the motion to table prevailed.

     MR. SAMFORD -- I move the adoption of the Section as amended, and upon that I demanded the previous question.

     MR. BROOKS--I move to lay on the table the Section reported by the Committee so that the Constitution will remain as it is and on that I call for the ayes and noes.

     MR. JONES (Montgomery)--It is too late to make such a motion when the previous question is called for.


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CONSTITUTIONAL CONVENTION, 1901

     MR. BROOKS--A motion to table has precedence of a motion for a previous question under our rules.

     THE PRESIDENT--The motion of the delegate from Mobile is to lay on the table--

     MR. JONES (Montgomery) --How does the Chair rule on the point of order I made against that?

     THE PRESIDENT--The Chair heard no point of order.

     MR. JONES (Montgomery)--I made the point of order that there was a motion for the previous question before the motion to table and that motion for the previous question has precedence.

     THE PRESIDENT--Under the rules the motion to lay on the table has precedence.

     MR. JONES (Montgomery)--It must be under our rules then for it has not under general parliamentary law.

     THE PRESIDENT--It is under our rules, and the question is on the motion of the delegate from Mobile to table the Section reparted by the Committee.

     MR. BROOKS--And on that I call for the ayes and noes.

     MR. O'NEAL (Lauderdale)--I rise to a point of order. The call for the previous question had been made previous to the motion to lay on the table, and the motion to lay on the table was too late. I admit the motion to lav on the table has precedence, but that precedence does not exist when there is a motion for the previous question pending.

     MR. BROOKS--The idea of precedence could not arise if one motion was not offered before the other. The gentleman offers a motion for the previous question and then I offer the motion that the original section be laid on the table and I contend that has precedence as the Chair has properly ruled.

     THE PRESIDENT--The Chair will overrule the point, of order and the question will be upon the motion to table and upon that the ayes and noes are called for and the question is shall the call be sustained.

     MR. JONES (Montgomery)--Do I understand the motion before the house is to table the call for the previous question?

     THE PRESIDENT--No, sir; to table the section as read.

     MR. WHITE--What became of the previous question?

     THE PRESIDENT--That will be in order when the House disposes of the motion to table which has precedence.


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OFFICIAL PROCEEDINGS

     MR. WHITE--I rise to inquire whether when the call for the previous question has been made anything is in order except to see whether that is sustained?

     THE PRESIDENT--In the opinion of the Chair, the motion to table having precedence, would be in order, just as a motion to adjourn would be and the Secretary will call the roll.

     MR. BROOKS--The effect of this motion, if adopted, is to lay on the table the section reported by the Committee, which would leave the Constitution as it now is.

     THE PRESIDENT--The effect of the motion will be to lay on the table the section as reported.

     MR. O'NEAL--And then there would be no law at all.

     The call for the yeas and nays having been sustained by the rising of more than the requisite number, the roll call on the motion to table the section of the Committee's report, resulted as follows :

AYES

                                                                          

Messrs. President,

Hinson,

Proctor,

Almon,

Hood,

Reese,

Bartlett,

Jackson,

Renfro,

Brooks,

Jenkins,

Reynolds, of Chilton,

Browne,

Jones, of Bibb,

Rogers, of Lowndes,

Bulger,

Kyle,

Sanders,

Burnett,

Long, of Butler,

Searcy,

Byars,

Long, of Walker,

Sentell,

Cardon,

McMillan, of Wilcox,

Sloan,

Carmichael, of Coffee,

Martin,

Smith, of Mobile,

Case,

Miller, of Marengo,

Sorrell,

Davis, of Etowah,

Moody,

Thompson,

Eley,

NeSmith,

Waddell,

Foshee,

Oates,

Walker,

Foster,

O'Rear,

Watts,

Grayson,

Parker, of Cullman,

Whiteside,

Greer, of Calhoun,

Parker, of Elmore,

Willet,

Haley,

 

Pearce,

Harrison,

Pettus,

Wilson, of Clarke,

Heflin, of Chambers,

Pillans,

Wilson, of Washingtor

Heflin, of Randolph,

Williams, of Elmore

 

TOTAL--61.

NOES
                                                                           

Altman,

Bethune,

Cobb,

Ashcraft,

Blackwell,

Cofer,

Barefield,

Boone,

Coleman, of Greene,

Beavers,

Carnathon,

Cornwall,

Beddow,

Chapman,

Craig,


723

CONSTITUTIONAL. CONVENTION, 1901

                                                             

Cunningham,

Jones, of Montgomery,

O'Neill (Jefferson),

Davis, of DeKalb,

Jones, of Wilcox,

Opp,

Dent,

Kirk,

Palmer,

de Graffenreid,

Kirkland,

Porter,

Duke,

Knight,

Reynolds (Henry),

Espy,

Ledbetter,

Robinson,

Ferguson,

Leigh,

Rogers, of Sumter,

Fletcher,

Locklin,

Samford,

Freeman,

Lowe, of Jefferson,

Sanford,

Gilmore,

Lowe, of Lawrence.

Selheimer,

Glover,

McMillan (Baldwin),

Smith, Mac A.,

Graham, of Talladega,

MacDonald,

Smith, Morgan M.,

Grant,

Malone,

Spragins,

Greer, of Perry,

Maxwell,

Stewart,

Handley,

Merrill,

Taylor,

Henderson,

Miller, of Wilcox,

Vaughan,

Hodges,

Morrisette.

Weakley,

Howell,

M urphree,

White,

Howze,

Norman,

Williams, of Barbour,

Inge,

Norwood,

Williams, of Marengo,

Jones, of Hale,

O'Neal, of Lauderdale,

Winn,

TOTAL--79.

ABSENT OR NOT VOTING

                                                             

Banks,

Fitts,

Pitts,

Burns,

Graham, of Montgomery,

Sollie,

Carmichael, of Colbert,

King,

Spears,

Coleman, of Walker,

Lomax,

Studdard,

Eyster,

Phillips,

Weatherly,

     So the House refused to table the section of the Committee report.

     MR. GREER (Calhoun)--I want to explain my vote.

     Objection was made.

     THE PRESIDENT--Objection is made. Except by unanimous consent members are not allowed to explain their votes.

     MR. SAMFORD--I now demand the previous question on the section.

     THE PRESIDENT--The gentleman from Pike moves the adoption of the section as amended and demands the previous question. The question is shall the main question be put?

     On motion the main question was ordered, and a vote being taken the section as amended was adopted.


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OFFICIAL PROCEEDINGS

     MR. PETTUS--I desire to give notice that I voted in the affirmative and on tomorrow I will move a reconsideration of the vote by which this section was adopted.

     MR. deGRAFFENREID -- I voted for the adoption of the section and I move now to reconsider the vote by which it was adopted.

     MR. PETTUS--I rise to a point of order. I have made the motion to reconsider and give notice that under the rules it would go over until tomorrow.

     MR. deGRAFFENREID--But I make the motion now.

     MR. PETTUS--And I make the point of order that the gentleman cannot cut off my right to demand that reconsideration.

     MR. HOWELL--I make the point that the delegate from Limestone voted in the minority and he can't make this motion to reconsider.

     MR. PETTUS--I voted in the affirmative on the final vote expressly for the purpose of a reconsideration and I gave notice that I would make that motion tomorrow.

     MR. GREER (Calhoun)--I rise to a point of order.

     THE PRESIDENT--The Chair is considering a point of order now.

     MR. PETTUS--Under Rule 27, page 11, when a motion for reconsideration is decided, that decision shall not be reconsidered, and no question shall be twice reconsidered.

     A DELEGATE--What part of the rule are you reading?

     MR. PETTUS--I am reading the latter part of rule 27. I submit that the intention of that rule is to give a member the privilege of reconsidering any question on a succeeding day and it is a violation of the spirit of that rule for any member who voted in the affirmative to take this motion out of the mouth of a man who may have voted with the minority if he had' voted his sentiments, and call up the question at that time thereby cutting off the opportunity of the Convention to reconsider on the succeeding day. I make the point that the motion is out of order.

     MR. deGRAFFENREID--I think the motion is in order, but that it would go over until tomorrow.

     THE PRESIDENT--The Chair rules that the gentleman from Hale may make the motion to reconsider but without a suspension of the rules it would go over until tomorrow.

     THE PRESIDENT--The Chair will now recognize the gentleman from Calhoun who rose to a point of order.


725

CONSTITUTIONAL CONVENTION, 1901

     MR. GREER (Calhoun)--I withdraw my point of order.

     THE PRESIDENT--The opinion of the Chair on a point of order made by the gentleman from Limestone is that merely giving notice that a person intends to move a reconsideration would not cut off another delegate from actually making. the motion but when a motion is made it would go over, unless the rules were suspended, until the next day for reconsideration. The clerk will read the next Section.

     The Clerk read as follows :

     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.

     MR. JONES (Montgomery)--That is the identical language of the old Constitution except that we put in two officers who are Constitutional officers under this Constitution who were only statutory officers under the old Constitution, and if no member has any desire to amend this I will move the adoption of this Section.

     MR. OATES--I move to strike out the word "State" before the words "Treasurer" and "Auditor." We have done that in all other portions of this report.

     MR. JONES (Montgomery)--I hope the gentleman will withdraw that. We can settle that in the Committee on Harmonics.

     MR. OATES--We can settle it just as well here.

     MR. JONES--If that is insisted on I desire to be heard on it.

     MR. OATES--Well, I decline to make a speech on it. I thought the Convention has acted on that heretofore.

     THE PRESIDENT--Does the gentleman from Montgomery (Mr. Jones) desire to be heard on it?

     MR. JONES (Montgomery)--Yes, sir. When this matter of striking out the word "State" first came up we did agree to the striking out of the word State before Auditor and Treasurer out of deference to the gentleman, but we think we did it prematurely. You have, for instance, County Treasurers, and a whole lot of Auditors, and we are making a Constitution for the State of Alabama and we want to inspire as far as we can a feeling of pride in our citizens and it seems to me it sounds better in the Constitution to say State Treasurer and State Auditor, than to chop off


726

OFFICIAL PROCEEDINGS

he "State" and simply say "Treasurer" and "Auditor." That is the reason we are unwilling now to strike out that word.

     A vote being taken the amendment of the delegate from Montgomery (Mr. Oates) was lost.

     MR. CHAPMAN--I have an amendment.

     The amendment was read as follows :  

     Amend Section 21 by striking out the word "twenty-five" in the fifth line, and inserting the word "thirty."

     MR. JONES (Montgomery)--I move to lay that on the table, unless the gentleman desires to discuss it.

     A vote being taken the amendment was tabled, and a further vote being taken the Section was adopted.

     Section 22 was read as follows :

     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 has been adopted by the General Assembly. Said Seal shall be called The Great Seal of the State of Alabama.

     MR. JONES (Montgomery)--There is a substitute reported by the Committee to that Section.

     The Substitute was read as follows :

     Commemorative of the heroism of Emma Sansom the Great Seal of the State which shall be used officially by the Governor shall consist of the figure of an officer on horseback, fully armed, and a young woman seated behind him with her left hand pointing forward, and the legend "I will show you the way." Said Seal shall be called the Great Seal of the State of Alabama. The Committee recommend that Section 22 of the Ordinance creating and defining the Executive Department as reported by them be stricken out and the substitute be adopted in lieu thereof.

     MR. JONES (Montgomery)--This substitute was the proposition offered by the gentleman from Montgomery (Mr. Sanford) and I desire on behalf of the Committee to yield to the senior member from Montgomery on this question.

     MR. SANFORD--Mr. President I thank the able, polite and chivalrous delegate from Montgomery for waiving his rights in my behalf. But the gratitude I might feel is greatly diminished by a sense of the responsibility that his politeness has imposed upon me. And the sense of the responsibility is somewhat intensified by the eager interest which I feel in this subject.


727

CONSTITUTIONAL CONVENTION, 1901

     Before as intelligent an audience as this Convention I hope I may be pardoned if I remind them of a few facts and for that purpose I ask their indulgence and patience.

     The Seal of a great State everywhere in Christendom is considered the only means by which the sovereign power can make known its will and it is perfectly immaterial whether the Government be a republic, a despotism or a limited monarchy, it is the only means in which the sovereignty can express its desires or its purpose.

     We know that in England, whence we derive a great many of our institutions of liberty, that the Great Seal of Great Britain was changed upon every accession of a new sovereign, or upon every change of its arms, that the old seal was broken and the fragments were given to the Chancellor as his perquisites.

     Now, has Alabama any seal de jure? Has it ever had since 1865? What is the great seal of Alabama? May I take the privilege of reading the description of it by one of the most lettered and scholarly and patriotic gentlemen in this broad commonwealth. I refer to the distinguished Professor Wyman, of the State University, who describes it in this language:

     "A bald-headed eagle--recognized as a bird of prey, ever since the days of the patient Job--a bald-headed eagle, with a cluster of sharp arrows clutched in one claw, tramping on the escutcheon of State. The eagle's wings are uplifted, as if he were just hoping sweep down on the State Treasury! His neck is craned out to its full length, as if he were getting ready to bury his beak in the vitals of the body politic! This bald-headed eagle fitly represents the swarm of foul birds who came from the four ends of the United States and from Austria and Africa to loot and to devour the little substance that the impoverished people had remaining to them as the result of the downfall of the Southern Confederacy. But what is most striking and characteristic of all, the so-called bird of freedom bears in the beak a scroll on which is inscribed the carpet-bagger's favorite motto: "Here we rest!"

     All this is profoundly symbolical, it is true, but it is something more--it is pretty nearly diabolical. Whether the fellow from Maine or Michigan--his name, fortunately, has not come down--who devised this coat of arms was unconscious of travesty on the art of heraldry which he was inventing, or whether he was cunningly devising a piece of cruel waggery for the torture of an unoffending people, I do not know--and it makes no difference. The present Seal of State ought to be broken and thrown out on the ash pile, and the next General Assembly ought to appoint a commission to devise a new coat of arms for Alabama.

     How wonderfully correct is it in saying it represents nothing that is characteristic of Alabama! And his description of the influences


728

OFFICIAL PROCEEDINGS

that caused it to supersede the old Seal of the State is entirely accurtae.

     We know that from the 2nd of March, 1867, that the people of this State for many years were under a military government of almost absolute despotism. We know that the Convention that assembled here in 1867 on the 1st of September was composed largely of persons who had no permanent domicile within this State. It was composed of negroes. It was composed of foreigners, some of whom owed their citizenship to having served in the army and to having plundered our people with resolute rapacity. They made it. Now it was an old rule of a wise people that whenever a bad man or a disreputable character, introduced a wise measure in an assembly it was voted down. Why? Because they did not wish to give any consideration to such characters and then afterwards some good and patriotic citizen would at once reintroduce the measure and it would be passed. So if that is a good seal which was placed upon us on the 29th of November, 1868, it would be well to discard it, because it is not the choice of the people of Alabama. Let us see with regard to that. Some of you gentlemen took part in the proceedings of reconstruction. You were old Confederate soldiers. You were statesmen taking part before the people in the great questions that agitated our country. You knew precisely the character of the men who imposed this travesty of a seal upon our people. It never was adopted. The very Constitution which that rabble pretended to ordain was voted down by the people of Alabama by a vote of more than seven thousand majority and was so reported by Gen. Meade to the Federal Government, but notwithstanding this fact it was foisted upon us, upon perjured testimony, such as that big swamp in Lowndes County was frozen over and thousands of voters patriotic in their purposes, could not get to the polls, which was as arrant a falsehood as if you were to say that the Alabama River were blocked up with icebergs in the month of June. Notwithstanding that fact it was placed upon us and with hot speed they had a Legislature to convene about the first of November following and they adopted this seal which I utterly denounce and despise. It seems to me if ever a people had the right to select their own seal, Alabama has, and should do so.

     But it may be said by some gentleman that the Convention of 1875 did not change it and that no Legislature since has changed it. (one reason was that the Convention of 1875 was limited in time, that it met almost in alarm, notwithstanding the gallantry of many of its wise men, and it dispersed in a panic-dispersed absolutely before the sheets forming the Constitution were fastened together, in order to come within the time in which they were limited. Therefore, it had no time to do it and since then the Legislature seems not to have anybody to call attention to it until 1894 when a bill creating a seal passed the House by a handsome vote and was defeated in the Senate simply by want of time.


729

CONSTITUTIONAL CONVENTION, 1901

     It does seem to me that as we are here revising the Constitution there is no better time than now to make such a seal ass is characteristic of our people.

     The seal which has been proposed shows the purity of our women and the heroism of our men, it shows devotion to free government. It shows courage. It shows the deference we pay to womanhood and therefore I hope this Convention will adopt the seal which has been presented.

     The seal originally proposed was that of the figure of a soldier clad in the uniform of a Confederate General, mounted on horseback and fully armed, with a young woman pointing forward, and around it the inscription "I will show you the way." A more beautiful inscription for Alabama could not be devised and a more heroic act of womanhood during the famous four years' struggle between these republics never was performed. Therefore, it would well represent us.

     And pray who was this young woman? She was the daughter of a farmer in Cherokee County. It was well she came from that County. Cherokee means "The sons of fire" and this young woman was a sister to the sons of fire that have stood by us through so many years of hardship and peril in many parts of the world.

     It was in the month of May, 1863, about noon, the clang of arms and the clatter of horses' feet were heard approaching Gadsden. A young girl not older than a school maiden was standing at the door of her home as they rode up. She had just arrived from Gadsden when the Federal troops endeavored to seize her horse. Under their officer's command they desisted and they passed on. Within a very short time afterwards came in hot pursuit Bedford Forrest, known the world over as the "wizard of the saddle." Riding up and seeing the mother of this young woman standing in front of their modest building he asked, "Is there a ford in this neighbor hood? Can any one show me how I can get across the creek?" Because he beheld the smoking timbers of the bridge over Black Creek in front of him. The young woman said: "I know where the ford is." "But where is any man?" The mother said: "My sons are in the army," and the girl said: "I will show you the way." Thereupon Forrest said : "I will have a horse saddled for you," and she said: "No, we have not time," and she climbed on his horse and rode behind him down a little brook until they were discovered by the enemy, who fired upon them, and then she dismounted and walker before Forrest who placed her behind him and said: "I am willing to take a lady for a guide, but not as a breast works. Stay by this tree," he said and went on reconnoitering the ground, and the ford and when he discovered everything that was necessary, he looked around and the young woman stood at his back. He said to her: "Why do you do this?" And she said: "I was afraid you would be shot


730

OFFICIAL PROCEEDINGS

and I wished to be near you." Then they retired. He had discovered everything he desired to know, he marched his troops across the ford, pursued the enemy, brought them to bay near Turkey Town and there Colonel Streight surrendered to him two regiments from Indiana, one from Ohio, one from Illinois, and 200 renegades from the mountains who had joined the marauders and Forrest thereby saved Rome.

     If other people have cherished the heroic deeds of men and women and other states and countries have been immortalized by the splendid achievements of their citizens, why should not Alabama do the same thing in regard to her own immortal daughter? I remember an instance of patriotism, and if you will pardon me, I will relate it. There is a story of a young Austrian girl who went to Switzerland for the purpose of earning a livelihood by daily labor. She was skilied in the management of cattle, and she attended the pasture. Being there she discovered on one occasion that the Swiss became gloomy, that they ceased to engage in their business, that the women tattled no more upon neighborhood affairs but gathered around the men quietly together. She discovered that there was a conspiracy to take Bregenz, her native town. Thereupon, when the people had retired she took from her employer's stable a splendid white animal and rode during the night to Bregenz, rode so rapidly that the wind did not surpass her in her speed. She arrived at the banks of the Rhine; the horse paused; she lashed him; he plunged into the dark waters and swam to the opposite bank. Ascending it she saw the lights of her native town and rapidly rode to its gates. She gave the alarm and the soldiers came to ask the cause of the disturbance and she told them what she had discovered. The soldiers took their positions, the people were aroused and when the enemy arrived at dawn next day they found the city entirely prepared to receive the assault; and from that day for more than three hundred years as the Sentinel paces his solitary rounds on the ramparts, he calls the hours of the night: "9 o'clock and all's well;" "10 o'clock and all's well;" "11 o'clock and all's well," and when 12 o'clock strikes and midnight pauses in the sky he shouts the young woman's name, and the mountains echo it back. And on the walls of Bregenz is the faded image of a horse exhausted by his flight and a young woman standing by his side. Was there ever anything more splendid in all history save that instance of heroism in Cherokee County. That young woman had all the purity of the Austrian maiden. She had more than her heroism, she was everything that our people can desire, noble and patriotic, I might say chivalrous.

     I remember another instance, and pardon me for telling it. When the people of Etruria sought to re-establish the throne of Tarquin, Porsenna organized a large army and had beaten the Roman armies opposed to them until they had reached the very


731

CONSTITUTIONAL CONVENTION, 1901

walls of Rome. They had captured on their way or had had sent to them as a hostage, a young woman. While the army held her she made her escape and when they beheld her she was in full flight. She had mounted on a horse and when she reached the Tiber she plunged in and when cruel Porsenna beheld that, on the eve of capturing Rome he paused and said, "A people that show such courage I desire for my friends," and they made a treaty of peace. If these people whom Forrest was pursuing had been as magnanimous they, too, would have retired and given peace and respect to the magnificent courage of our manhood and the gallant devotion of our women. Afterwards in Rome they erected a statute of Cloelia mounted on horseback and there it stood for hundreds and hundreds of years, typifying the patriotism and courage of that young maiden. She had saved Rome.

     Emma Sansom saved the Rome of modern times. There we had military stores. There we had foundries, there we had provisions, there we had all that was necessary to supply our army and this young woman's courage enabled Forrest with five hundred men to capture a greatly superior force.

     In as much as that act is peculiar to Alabama, and as nowhere else was there such an occurrence, it seems to me that we can but honor her by saying that Alabama remembers her and will immortalize that event. Alabama will put it on the seal of the State so that when her laws are attested to go abroad there will stand the fact of this officer and young woman riding into the blaze of battle, and she saying to him, "I will show you the way." What a magnificent inscription for a seal are those words. Alabama stands first in Constitutional Conventions, first in political and religious assemblages and first in your educational institutions and when she is called she can say, "I will show you the way." I will show you the way to a free government. I will show you way to be prosperous. I will show you how to make a people contented, industrious, peaceable. I will shove you the way to honor. I will lead the way to glory. And yet, we say we ought not to substitute this for the miserable imitation of what? They call it an eagle. It is more like the last of a flock of carrion crows that fattened upon the carcass of Alabama when she lay dead and rotting under reconstruction acts infamous beyond anything that has ever marred the statutes of our country. When our people were all full of sorrow and gloom and melancholy, when it seemed that the earth itself under the domination of despots and their system of legislation had slipped from the hands of God and was darkiing down to hell. So I say to you, my countrymen, this last remnant of carpetbag rule should be swept away by the adoption of this seal.

     MR. MARTIN--I rise to favor the adoption of the report of the committee in this matter.


732

OFFICIAL PROCEEDINGS

     When clouds of sorrow gathered over this country in years gone by and the war cry of liberty rang throughout the land, the men of this State obeyed the call of Alabama with alacrity. They came from the mountains and the valleys from the hills and the plains, from city and from hamlet. They came with their fortunes and their splendid young manhood and laid their all upon the altar of their country.

     I see before me men who gave four of the best years of their lives to the service of their country. They were tested through all the trying vicissitudes of war and then were allowed to return to their people and families for which we are all profoundly grateful. But many of their comrades were not so fortunate. They died in the crowded hospital, in the fever stricken camp, and thousands of them went down to death upon the bloody field of battle. When Alabama had struck her last effectual blow and would do no more, you then grounded your arms and turned your weary faces toward your long deserted homes and with sad hearts you started in the affairs of civil life. Your hearts were sad, sad because the flag you had followed so long and loved so well was furled and furled forever, sad because the cause you so honestly believed in and for which you had made so many sacrifices was dead and dead forever. Sad, oh, how sad, because you were leaving so many of your comrades behind you. You had buried them on the hills and in the valleys and along the shores and the banks of deep rolling water.

     Mr. President, our men were brave. They were self-sacrificing and devoted, but they were no more brave and patriotic than the women of Alabama. I stand here today to declare that the brightest pages of America's history will be those recording the heroic deeds and patriotic devotion of the women of the South all through those years of darkness and of blood and during the years immediately following the surrender.

     Look at them, what was it they did? They made every sacrifice that could be made. They, women who had been reared in luxury and in ease, who had never done a day's work in their lives, who were as fair and tender as the flowers that bloomed and blossomed around their Southern homes, when the occasion demanded, went forth and with their untrained hands worked by night and by day making clothing to protect the soldier from the winter's cold and the Summer's burning sun. They took the jewelry from their persons and converted it into money in order to supply the men at the front with the comforts of life. They took the carpets from their floors and weaved them into blankets in order to protect the soldier in his winter quarters. Ah, and when he was sick like a ministering angel they hovered around his cot.

     The hour for adjournment had almost been reached.


733

CONSTITUTIONAL CONVENTION, 1901

     MR. JACKSON--I move that the rules be suspended and that the Convention continue in session until the pending section is disposed of.

     MR. SAMFORD--I move to amend that by permitting the gentleman who is so eloquently addressing the Convention be permitted to complete his speech.

     A vote being taken the rules were suspended and the delegate proceeded.

     MR. MARTIN--I say, Mr. President, when he was sick and wounded, she hovered around his cot, ministering to his wants and nursed him back to strength and health, and blessed him with her prayers and sent him on to the service of his country.

     She did more than that, Mr. President, she gave to Alabama the husband of her love, the father of her children. She gave to Alabama the young and noble boy upon whom she expected to rely in the years of her infirmities and to whom she looked for support and defense when she could not provide for herself.

     Ah, yes, and God bless them, hundreds of them all over this land, when reduced to the necessity, women who had been reared in luxury and in ease, went forth to the fields in the winter's cold and in the summer's sun and with their own blistered and swollen hands worked from morn till night to raise a few bushels of corn and potatoes to sustain their helpless children while their husbands were at the front fighting Alabama's battles or filling unmarked soldier's graves. (Applause.)

     And when you got home from the war, what did you see?  Devastation and ruin on every hand. Your premises were in a state of decay, your gin-houses and your barns were rotting down. Your fences were gone, your fields were devastated or grown up in brush and briar. In many instances your dwellings were leveled to the ground.

     Standing knee-deep in the poverty and ashes of your ruined fortunes your hearts heavy, despair had its spell upon you and you were almost disposed to give up and make no more effort. At that critical moment a gentle hand was laid in yours and a sweet and encouraging voice was heard to whisper in your ears, "Come on, I will show you the way." Under the guidance of that hand, under the inspiration of that loving voice, the manhood of this State shook off its lethargy, moved to the front and in the course of a few years Alabama gloriously rose from the ashes of her poverty and today stands in the front rank of States. And as she stands there ready to measure arms with any of her sister States in generous rivalry, that same unerring hand is seen pointing, that same sweet voice is heard whispering, "Move on, I will show you the way."


734

OFFICIAL PROCEEDINGS

     And now, Mr. President I stand here today in the shadow of that monument out yonder, erected as it was by woman's love and woman's patriotism, here is this historic hall of grand and sacred memory, here in this old Capitol Building today, let the roll be called while the delegates of this Convention vote an humble appreciation of the high esteem in which they hold the patriotic women of Alabama by perpetuating the glorious deeds of one of their sisters, Emma Sansom of Northeast Alabama, the brave girl of Cherokee, standing under fire of shot and shell with a steady hand pointing to the swollen waters of Black Creek and saying to the dauntless and peerless Forrest, "Move on, I will show you the way."

     Let us adopt this seal proposed as it is by one of Alabama's most scholarly gentlemen, most proud and patriotic citizens, John W. A. Sanford of Montgomery.

     MR. ROBINSON--I have a substitute which I will ask to be read so that it can be printed.

     THE PRESIDENT--Unless there is objection the Secretary will read it.

     The amendment was read as follows :

     "Substitute for the amendment to Section 22 reported by the Committee on Executive Department, `Commemorative of the origin of the name of the State of Alabama the Great Seal of the State which shall be used officially by the Governor shall consist of the figure of an Indian Chief followed by a small band of warriors, who in crossing a beautiful meadow, as he approaches the bank of a river, thrusts. his spear into the earth, with the words inscribed on the scroll above his head, `Here we rest.' The said Seal shall be called the Great Seal of Alabama."

     THE PRESIDENT--The Chair advises the delegates that we are in receipt of a telegram from the Constitutional Convention of Virginia, which I will read :

To the President and Delegates of the Constitutional Convention of the State of Alabama:

     The Commonwealth of Virginia, through her representatives in Convention assembled, sends cordial greetings to the President and members of the Constitutional Convention of Alabama now sitting at Montgomery.

     Alabama and Virginia have long been bound together by the strongest and closest ties of interest and affection. The people of the two commonwealths are animated by the same hopes, the same aspirations.

     In acknowledging the courtesy of your message, we beg to express the earnest hope that in the wise and just determination of the momentous questions now under consideration, we may not only establish the peace and


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CONSTITUTIONAL CONVENTION, 1901

prosperity of our respective States, but contribute to the general welfareof our common country and the good of mankind, thus justifying the confidence of our citizens and the reasonable hopes of our countrymen.

JOHN GOODE, President.

     MR. REESE-I move that that be spread on the Journal of this House.

     A vote being taken the motion was carried and the Convention then adjourned.

________

CORRECTIONS

     Ordinance 389 above printed should be as follows :

     Ordinance No. 389, by Mr. O'Neill of Jefferson :

     Be it ordained by the people of Alabama in Convention assembled, That no agent of any person, firm or corporation, whose place of business is located in this State, shall be charged license tax by any city, town or municipal corporation in the State of Alabama, to which said agent may come, when said person, firm or corporation is engaged in soliciting business in towns to which said agent comes in cases where it would be unlawful under the interState commerce law, if said agent or drummer represented a person, firm or corporation doing business out of the State.
     See also remarks of Mr. Robinson and Mr. Graham at beginning of this days report.