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THIRTY-FIRST DAY
___________

MONTGOMERY, ALA., June27, 1901.

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

Oh Lord, our God, recognizing Thy authority in all things, thanking Thee for the privilege of beginning and continuing and ending all our works in Thee, and Thy guidance to these thy servants in the labors which engage their hands, we pray Thee our Father that Thou wouldst direct them in all wisdom, that the work may be such as Thou alone canst establish by Thy blessing, such as will inure to the welfare of our people, such as will tend to give us long years of peace and prosperity. We pray that Thy blessing may rest upon each one of these Thy servants. May they be men who look to righteousness and seek with a single eye the good of the Commonwealth. Bless them we pray Thee in all their interests, in their families, in all that concerns them. May Thy protecting Providence he above this body this day. May their labors be such, O Lord, we pray Thee as they shall be proud of in the years to come, and as shall make the people rejoice. Accept us in this our prayers, forgive our sins and save us for the Redeemer's sake, amen.

Upon call of the roll one hundred and forty delegates responded to their names.


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Leaves of absence were granted to Mr. Handley, indefinitely, on account of sickness; to Mr. Lowe (Lawrence), for today and tomorrow; Mr. Altman for today; Mr. Renfro for today, Friday and Saturday; Mr. Duke for yesterday; for Mr. Jones (Montgom- ery) for today.

MR. JONES (Montgomery)-I desire to explain, Mr. President, that I am an officer of the State Bar Association which meets tomorrow, and have to prepare a paper for that occasion, otherwise I would not ask the leave of absence.

THE PRESIDENT-The gentleman has been so constant in his attendance the Chair believes no explanation is necessary.

MR. JONES Montgomery)-I desire further to say to my friends who jocularly suggest that I am dodging the pending question, that I am paired with my friend, Mr. White of Jefferson.

MR. FLETCHER-I desire to ask consent to have the article on Banks and Banking made a special order after the article on State and County Boundaries. I suppose it would come up in its regular order, but it seems necessary to set it down as a special order, and I move that it he set down for consideration after the article can State and County Boundaries.

Upon a vote being taken the motion was carried.

The report of the Committee on the Journal was read, stating that the Journal for the thirtieth day had been examined and found to be correct, and upon motion the report was adopted.

MR. WADDELL-I move that we dispense with the regular order and proceed with the consideration of the question which was pending when the House adjourned on yesterday afternoon.

MR. OATES-I have no opposition to that provided the gentleman will make an exception so that I may submit the report of my committee.

MR. WADDELL-I will withdraw the motion for the present.

MR. OATES-I ask permission to submit the report of the Committee on Legislative Department.

Mr. Foster-The Committee on Amending the Constitution asks unanimous consent to send in its report.

THE PRESIDENT-The gentleman will have to hold the report until the Convention receives the report of the Committee on Legislative Department. The Clerk will read the report.

The report of the Committee on Legislative Department was thereupon read as follows:

Report of the Committee on the Legislative Department.


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Mr. President.

The Committee on Legislative Department instruct me to report the accompanying ordinance to supply the place of the article to the present Constitution on the subject.

Without deeming it necessary to report specially upon the numerous ordinances and resolutions referred to it, the committee has carefully considered them, and substantially embodied in the new article a number of the propositions which they embrace. The ordinance herewith reported will show to what extent their provision have been adopted. These ordinances and resolutions are herewith respectfully returned.

The provisions of the following Sections of Article IV of the present Constitution are recommended for adoption without change: 4, 6, 7, 10, 11, 12, 13, 14, 16, 18, 19, 21, 25, 26, 28, 30, 33, 34, 35, 36, 39, 40, 41, 43, 44, 47, 48, 50, 51, 53, 55 and 56 down to and including Section 7. they have identified numbers in both articles. From 10 to 20 inclusive the corresponding matter is incorporated in sections of the new article numbered in each instance one less than the old from 25 to 28 inclusive three less, and after 28 two less.

In the following statement the material changes recommended by your committee are set forth in the order to which they relate to sections of article IV of the present Constitution, as numbered therein.

To conform to the usual and popular expression, the title of the Legislative Department is changed in Section 1 from "General Assembly" to Legislature." This amendment extends throughout the article.

By an addition to Section 2 the enacting clause of the bills etc., is not to be repeated, but sectional divisions are to be made, and designated by figures merely. This is clone in the interest of brevity, and to prevent needless formality in the style of enactments.

Section 3 is changed in the respect that the terms of Representatives and Senators alike shall be four years. The provisions of Section 9 for issuance of writs of election by the Governor to fill vacancies is transposed to Section 3. Provision is made that Senators and Representatives shall be elected by the qualified electors on the first Monday in August, 1902, and every four years thereafter, unless the Legislature shall change the time of holding elections ; and that the terms of office of both Senators and Representatives shall be four years. However, as the Senators from the odd numbered districts have still two years to serve, the chairman of this Committee recommends that the election of Senators in the even numbered districts at the general election in 1902 shall


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be for the term of two years only, and that thereafter all the Senators and Representatives shall be elected to serve four years; and he also recommends that the Governor, Lieutenant-Governor, Secretary of State, Auditor, Treasurer, Superintendent of Education, Commissioner of Agriculture and Industries, the Attorney General, and all the Judges and County officers, including Sheriffs, be elected at the general election in 1904, to serve for four years, or, in case of the Judges, said judges to serve for eight years, should it be deemed advisable to lengthen their terms.

Section 5 is changed so as to provide for quadrennial, instead of biennial sessions of the Legislature. In view of the prohibitions to be placed on the Legislative power to pass local laws, there will be hereafter neither a demand nor a necessity for biennial sessions. The change is recommended on the additional grounds that it will prevent hasty and ill-advised attempts to repeal general laws before they have been long enough in force to admit of a fair test of their merits, and it will also conduce, by removing early opportunity for repeal, to mature and careful deliberation by the Legislature. The tendency to permanency of the legislative enactments will be greatly increased, and much expense saved to the State.

Section 8 is amended so as to add to its present requirements, that the House, as well as the Senate, shall elect one of its members Speaker at such times, other than the beginning of the session as may be necessary; and further, than in case of temporary disability of either presiding officer, the House to which he belongs may elect, from among its members a temporary presiding officer to take the place of the regular one during the latter's disability, and to receive during such time only the compensation to which the permanent officer is entitled.

Section 9 of the present article, except the portion transferred to Section 3 as hereinabove indicated, is omitted from the new article.

To prevent lobbying, section 15 is amended so as to confine the privileges of the floor of either or both Houses to members of the Legislature, officers and employes of each House, the Governor and his secretaries, representatives of the press and such other persons as to whom either House by unanimous vote, may extend the privileges of its floor.

Section 17 of the new article, all officers, military as well as civil, are included in the prohibition against appointment of Senators and Representatives, during the term for which they were elected, to an office created or receiving added emoluments during such term.

To Section 20 are added the requirements that the reference of bills therein provided for must be to a standing committee of each


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House, that the action of such committees thereon must be had in session, and that the facts of reference, action in session, and return must affirmatively appear on the Journal of each House.

For Section 22, the committee reports a substitute, embodying the requirements of the present section, and extending them to all amendments in either house, with the added requirement that every amendment must be entered at length on the Journal of the House in which the same is adopted.

The matters embraced in Sections 23 and 24 are fully covered by the report of the Committee on Local Legislation and the report supplementary thereto heretofore made by this committee.

To Section 27 are added the requirements that immediately before being signed by the respective presiding officers, every bill shall be read at length and the fact of such reading and signing entered on the Journals, but that the reading may be dispensed with by two-thirds of a quorum present, which shall be entered on the Journal.

The operation of Section 29 is enlarged, to expressly prohibit any county or municipality from increasing the pay of officers, employees or contractors, after service rendered or contract made.

To Section 31, relating to the origin of revenue bills, is added a requirement that at the beginning of each regular session the Governor, Auditor, Treasurer and Attorney General shall have prepared a general revenue bill, to be printed by the Secretary of State, and by the Governor laid before the House as soon as organized. This is deemed advisable in aid of the Legislature. A prohibition is added that no revenue bill is to be passed during the last five days of the session, the object being to avoid hasty legislation on matters of such moment, and allow the Governor ample time to consider such bills.

By the amendation of Section 32, no salary is to be increased by the general appropriation bill, and no appropriation made for any officer or employe, unless his employment and the amount of his salary have already been provided for by law.

To Section 37 is added a provision that by a two-thirds vote of each House the Legislature, when convened in extra session, may legislate upon subjects other than those designated in the calling proclamation of the Governor.

To the existing provisions of Section 42 are added amendments which make the offense of corrupt solicitation of members of the Legislature and other officers therein designated, punishable by imprisonment in the penitentiary, and which require the Legislature to provide-

(1) For the trial and punishment of these and like offenses, and (2) for the same to be given in charge to the Grand juries in all the counties of the State.


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Section 46 is changed in conformity to less frequent sessions of the Legislature, so as to require a codification of the statutes following that next after ratification of this instrument, once every twelve instead of ten years.

By addition to Section 49 it is made the duty of the Legislature to require the several counties to make adequate provisions for indigent idiots and insane persons.

From Section 52 the committee has struck out the prohibition against the power to tax property of agricultural or horticultural associations, so as to allow the Legislature to impose a tax upon such property. This section is further changed so as to confine the prohibition against taxing school property to that of public schools.

The prohibitions of Section 54 are modified to the extent of permitting the State to construct and own a railroad within its borders. This may become necessary to relieve the people from trusts or monopolies, or from unreasonable exactions on freights and passengers.

Your Committee recommend a number of new sections which are restrictive on legislative power, namely:

Against enacting laws for one or more counties, not applicable to all counties in the State, regulating costs and charges of courts and fees of officers;

Against authorizing payment of the salary of a deceased officer beyond the date of his death.

Against retiring any officer on pay, or part pay, or making any grant to such retiring officer.

Against donating, directly or indirectly, lands owned by or under the control of the State, and against selling such lands to corporations or associations for less price than subject to sale to individuals.

Against the remittance, release, postponement, diminution or extinguishment of any obligation or liability of any person, corporation, or association to this State, or to any political subdivision thereof, unless upon payment into the proper treasury, except that the Legislature is authorized, by general law, to provide for the compromise of doubtful claims.

These prohibitions are comprised in Sections 55 to 59 both inclusive of the article herewith reported.

Your Committee also report other new provisions as follows:

Sec. 27. Limiting aggregate appropriations during any regular session of the Legislature to the income from the revenues of the State for the current fiscal year, as estimated by the Governor and Auditor.


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Sec. 60. Requiring the Legislature to provide, by general laws, for location or removal of county seats by a vote of the people.

Sec. 61. Prohibiting State or county officials from lobbying, or otherwise interfering with the usual course of legislation.

Sec. 62. Prohibits the Legislature from ever authorizing miscegenation, by intermarriage of any white person with a negro, or descendant thereof, to the third generation inclusive. This is recommended, looking to the preservation of the purity of blood of each of the races.

Sec. 63 is a new section requiring the Legislature to pass efficient laws for the regulation and reasonable restraint of trusts, monopolies and combinations of capital so as to protect the people against exorbitant prices upon articles of necessity, and to protect reasonable competition in any calling, trade, or business.

Sec. 64. Prescribing a new and more appropriate oath of office, to be administered to Senators and representatives, than the one which they now take.

Respectfully submitted, William C. Oates, Chairman.

An ordinance to create and define the Legislative Department.

Be it ordained by the people of Alabama in Convention Assembled: That Article IV of the Constitution be stricken out, and the following article inserted in lieu thereof:

ARTICLE

Legislative Department.

Section 1. The Legislative power of this State shall be vested in a Legislature which shall consist of a Senate and House of Representatives.

Sec. 2. The style of the laws of this State shall be: "Be it enacted by the Legislature of Alabama," which shall not be repeated, but the act shall be divided into sections for convenience, according to substance, and the sections designated merely by figures.

Each law shall contain but one subject which shall be clearly expressed in its title, except general appropriation bills, general revenue bills, and bills adopted a code, digest, or revision of statute; and no law shall be revived, amended, or the provisions thereof extended or conferred, by reference to its title only; but so much thereof as is revived, amended, extended, or conferred, shall be re-enacted and published at length.

Section 3. Senators and Representatives shall be elected by the qualified electors on the first Monday in August, 1902 and every four years thereafter, unless the Legislature shall change the time of holding elections. The


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terms of office of the Senators and Representatives shall be four years commencing on the day after the general election, except as otherwise provided in this Constitution. Whenever a vacancy shall occur in either house the Governor shall issue a writ of election to fill such vacancy for the remainder of the terms.

Sec. 4. Senators shall be at least 27 years of age and Representatives 21 years of age; they shall have been citizens and inhabitants of their respective counties or districts one year next before their election, if such county or district shall have been so long established; but if not then of the county or district from which the same shall have been taken; and they shall reside in their respective counties or districts during their terms of service.

Sec. 5. The Legislature shall meet quadrennially, at the Capitol in the Senate Chamber and in the Hall of the House of Representatives, (except in cases of the destruction of the Capitol, or epidemics, when the Governor may convene them at such place in the State as he may deem best, on the day specified in this Constitution, or on such other day as may be prescribed by law; and shall not remain in session longer than sixty days at the first session held under this constitution, nor longer than fifty days at any subsequent session.

Sec. 6. The pay of members of the Legislature shall be four dollars per day and 10 cents per mile in going to and returning from the seat of government to be computed by the nearest usual route traveled.

Sec. 7. The Legislature shall consist of not more than thirty three Senators, and not more than one hundred members of the House of Representatives; to be apportioned among the several districts as prescribed in this Constitution, provided, that upon the creation of any new county, it shall be entitled to one representative in addition to the number above named.

Section 8. The Senate at the beginning of each regular session, and at such other times as may be necessary, shall elect one of its members President thereof, to preside over the deliberations in the absence of the Lieutenant Governor, and the House of Representatives at the beginning of each regular session and at such other time as may be necessary shall elect one of its numbers as Speaker; and the President of the Senate and the Speaker of the House of Representatives shall hold their office respectively until their successors are elected and qualified. In case of temporary disability of either of said presiding officers, the House to which he belongs may elect one of its members to preside over that House any to perform all the duties of such officer under disability during the continuance of the  same; and each temporary officer while performing duty as such shall receive only the same compensation to which the permanent is entitled to law. Each House shall choose its own officers and shall judge of the election, returns and qualifications of its members.

Sec. 9. A majority of each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day and may compel the attendance of absent members, in such manner and under such penalties as each House may provide.


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Sec.10.  Each House shall have power to determine the rules of its proceedings and to punish its members or other persons, for contempt or disorderly behavior in its presence; to enforce the obedience to its process; to protect its members against violence, or offers of bribe or corrupt solicitation; and with the concurrence of two-thirds of either House, to expel a member but not a second time for the same offense; and shall have all the powers necessary for the Legislature of a free State.

Sec.11.  A member of either House expelled for corruption shall not thereafter be eligible to either House, and punishment for contempt or disorderly behavior shall not be an indictment for the same offense.

Sec.12.  Each House shall keep a Journal of its proceedings, and cause the same to be published immediately after its adjournment, excepting such parts as, in their judgment, may require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one- tenth of the members present be entered on the Journal. Any member of  either House shall have liberty to dissent from or protest against any act or resolution which he may think injurious to the public, or an individual and have the reasons for his dessent entered on the Journal.

Section 13. Members of the Legislature shall in all cases, except treason felony, violation of their oath of office and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returing from the same; and for any speech or debate in either House they shall not be questioned in any other place.

Sec. 14.  The doors of each House shall be opened except on such occasions as, in the opinion of the House, may require secrecy, but no person shall be admitted to the floor or either House while the same is in session except members of the Legislature, the officers and employes of the two houses, the Governor and his secretaries, representatives fo the press and such other persons to whom either House by unanimous vote may extend the privileges of its floor.

Sec. 15.  Neither House shall wthout consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting.

Sec 16.  No Senator or Representative shall during the term for which he shall have been elected be appointed to any 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.

Sec. 17.  No person hereafter convicted of embezzlement of the public money, bribery, perjury, or other infamous crime, shall be eligible to the Legislature, or capable of holding any office of trust or profit in this State.

Sec. 18.  No laws shall be passed except by bill , and no bill shall be so altered and amended on its passage through either House as to charge its original purpose.


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Sec. 19. No bill shall become a law until it shall have been referred to a Standing Committee of each House, acted upon by the committee in session, and returned therefrom, which fact shall affirmatively appear upon tire Journal of each House.

Sec. 20. Every bill shall be read on three different days in each House and no bills shall become a law unless on its final passage it be read at length and the vote be taken by yeas and nays, the names of the members voting for and against the same be entered on the Journal, and a majority of each House be recorded thereon as voting in its favor, except as otherwise provided in this Constitution.

Sec. 21. No amendment to bills shall be adopted except by a majority of the House wherein the same is offered, nor unless the amendment with the name of those voting for and against the same shall be entered at length  on the Journal of the House in which the sane is adopted, and no amend- ment to bills by one House shall he concurred in by the other, unless by a vote taken by yeas and nays, and the names of the members voting for and against the same be recorded at length on the Journal; and no report of a committee of reference shall be adopted in either house, except upon a vote taken by yeas and nays, and entered on the journal, as herein provided for adoption of amendments.

Sec. 22. The Legislature shall pass general laws, under which local and private interests shall be provided for and protected.

Sec. 23. The Legislature shall have no power to authorize lotteries or gift enterprises for any purpose and shall pass laws to prohibit the sale of lottery or gift enterprise tickets, or tickets in any scheme in the nature of a lottery, in this State; and all acts, or parts of acts heretofore passed by the Legislature of this State, authorizing a lottery or lotteries and all acts amendatory thereof, or supplemental thereto, are hereby avoided.

Sec. 24.-The presiding officer of each House shall, in the presence of the House over which he presides, sign all bills and joint resolutions passed by the Legislature, after the same shall have been publicly read at length, immediately before the signing shall be entered upon the Journal: but the reading at length may be dispensed with by a two-thirds vote of a quorum present, which fact shall also be entered on the Journal.

Sec. 25.-The Legislature shall prescribe the number, duties and com- pensation of the officers and employes of each House, and no payment shall be made from the State Treasury or be in any way authorized to any person except to an acting officer or employe elected or appointed in pursuance of law.

Sec. 26.-The Legislature shall have no power to grant. or to authorize or require any county or municipal authority to grant, nor shall any county or municipal authority have power to grant any extra compensation, fee, or allowance to any public officer, servant or employe, agent, or contractor, after service shall have been rendered or contract made; nor shall any officer of the State bind the State to the payment of any sum of money but by authority of law.


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Sec. 27.-During any regular session of the Legislature the aggregate appropriations made shall not exceed in amount the income from the revenues of the State for the current fiscal year, as estimated by the Governor and Auditor.

Sec. 28.-All stationery, printing, paper and fuel used in the Legislative and other departments of government shall be furnished, and the printing and distribution of laws, journals, department reports and all other printing and binding and repairing and furnishing the halls and rooms used for the meeting of the Legislature and its committees shall be performed under contract to be given to the lowest responsible bidder below a maximum price, and under such regulations as shall be prescribed by law; no member or officer of the government shall be in any way interested in such contracts, and all such contracts shall be subject to the approval of the Governor. Auditor and Treasurer.

Sec. 29.-All bills for raising revenue shall originate in the House of Representatives; but the Governor, Auditor, Treasurer and Attorney General shall, before each regular session of the Legislature prepare a general revenue bill to be submitted to the Legislature for its action, and the Secretary of State shall have printed for the use of the Legislature a sufficient number of copies of the bill so prepared which the Governor shall transmit to the House of Representatives as soon as organized. The Senate may propose amendments to revenue bills. No appropriation or revenue bill shall be passed during the last five days of the session.

Sec. 30.-The general appropriation bill shall embrace nothing but appropriations for the ordinary expenses of the executive, legislative and judicial departments of the State, interest on the public debt, and for the public schools. The salary of no officer or employe shall be increased in such bill, nor shall any appropriation be made for any officer or employe unless his employment and the amount of his salary have already been provided for by law. All other appropriations shall be made by separate bill, and each embracing but one subject.

Sec. 31.-No money shall be paid out of the Treasury except upon appropriation made by law, and on warrant drawn by the proper officer in pursuance thereof; and a regular statement and account of receipts and expenditures of all public moneys shall be published annually, in such manner as may be by law directed.

Sec. 32.-No appropriation shall be made to any charitable, or educational institution not under the absolute control of the State other than Normal schools established by law for the professional training of teachers for the public schools of the State, except by vote of two-thirds of all members elected to each House.

Sec. 33.-No act of the Legislature shall authorize the investment of any trust fund by executors, administrators, guardians and other trustees in the bonds or stock of any private corporation; and any such acts now existing are avoided, saving investments heretofore made.


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Sec. 34.-The power to change the venue in civil and criminal causes is vested in the Courts, to be exercised in such manner as shall be provided by law.

Sec. 35.-When the Legislature shall be convened in special session there shall be no legislation upon subjects other than those designated in the proclamation of the Governor calling such session, except by a vote of two-thirds of each House.

Sec. 36.-No State office shall be continued or created for the inspection or measuring of any merchandise, manufacturer or commodity, but any county or municipality may appoint such officers when authorized by law.

Sec. 37.--No act of the Legislature changing the seat of Government of the State shall become a law until the same shall have been submitted to the qualified electors of the State at a general election, and approved by a majority of such electors voting in the same; and such act shall specify the proposed new location.

Sec. 38.-A member of the Legislature who shall corruptly solicit, demand or receive or consent to receive, directly or indirectly, for himself or for another, from any company, corporation, or person, any money, office, appointment, employment, reward, thing of value, or enjoyment, or personal advantage or promise thereof, for his vote or official influence, or for withholding the same, or with an understanding expressed or implied, that his vote or official action shall in any way be influenced thereby; or who shall solicit or demand any such money or other advantage, matter or thing aforesaid, for another as the consideration of his vote or official influence, or for withholding the same; or shall give or withhold his vote or influence in consideration of the payment or promise of such money, advantage, matter or thing to another, shall be guilty of bribery within the meaning of this Constitution, and shall incur the disabilities provided thereby for such offense, and such additional punishment as is or shall be provided by law.

Sec. 39.--Any person who shall directly or indirectly offer, give or promise any money, or thing of value, testimonial, privilege, or personal advantage to any executive or judicial officer or member of the Legislature to influence him in the performance of any of his public or official duties, shall be guilty of bribery and be punished in such manner as shall be provided by law.

Sec. 40.-The offence of corrupt solicitation of members of the Legislature or of public officers of this State or of any municipal division thereof and any occupation or practice of solicitation of such division of such members or officers, to influence their official action, shall be defined by law, and shall be punished by fine and imprisonment in the penitentiary, and the Legislature shall provide for the trial and punishment of the offenses enumerated in the two preceding sections, and shall require the judges to give the same specially in charge to the Grand Juries in all the counties of this State.

Sec. 41. A member of the Legislature who has a personal or private interest in any measure or bill, proposed or pending before the Legislature,


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shall disclose the fact to the House to which lie is a member and shall not vote thereon.

Sec. 42. In all elections by the Legislature, the members shall vote viva voce, and the votes shall be entered on the journal.

Sec. 43. It shall be the duty of the Legislature to pass such laws as may be necessary and proper to decide differences by arbitrators, to be appointed by the parties, who may choose that mode of adjustment.

Sec. 44. It shall be the duty of the Legislature, at its first session after the ratification of this Constitution, and within every subsequent period of twelve years, to make provision by law for the revision, digesting and promulgation of the public statutes of this State, of a general nature, both civil and criminal.

Sec. 45. The Legislature shall pass such penal laws as they may deem expedient to suppress the evil practice of duelling.

Sec. 46. It shall be the duty of the Legislature to regulate by law the cases in which deduction shall be made from the salaries of public officers for neglect of duty in their official capacities and the anoint of such deduction.

Sec. 47. It shall be the duty of the Legislature to require the several counties of this State to make adequate provision for the maintenance of the poor, indigent, idiots, and insane persons.

Sec. 48. The Legislature shall not have power to authorize ally municipal corporations to pass any laws inconsistent with the general laws of this State.

Sec. 49. In the event of annexation of any foreign territory to this State, the Legislature shall enact laws extending to the inhabitants of the acquired territory all the rights and privileges, which may be required by the terms of the acquisition, anything in this Constitution to the contrary notwithstanding.

Sec. 50. The Legislature shall not tax the property, real or personal, of the State, counties or other municipal corporation, or cemeteries; nor lots in incorporated cities or towns, or within one mile of any city or town, to the extent of one acre, nor lots one mile or more distant from such cities or towns to the extent of five acres, with the buildings thereon, when the same are used exclusively for religious worship, for public schools, or for purposes purely charitable.

Sec. 51. The Legislature shall by law, prescribe such rules and regulations as may be necessary to ascertain the value of personal and real property, exempted from sale under legal process by this constitution, and to secure the same to the claimant thereof as selected.

Sec. 52. The State may construct and own works of internal improvement having for their object the conveyance or transportation of passengers and freight, but shall not sell or mortgage such improvement, nor


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lend its money or credit in aid of such; nor shall the State be interested in any private or corporate enterprise, or lend money or its credit to any individual, association or corporation.

Sec. 53. The Legislature shall have no power to authorize any county, city, town or other sub-division of this State to lend its credit, or to grant public money or thing of value, in aid of, or to, any individual, association, or company by issuing bonds or otherwise.

Sec. 54. There can be no law of this State imparing the obligation of contracts by destroying or impairing the remedy for their enforcement; and the Legislature shall have no power to revive any right or remedy which may have become barred by lapse of time, or by any statute of this State.

Sec. 55. The Legislature shall not enact any law for one or more counties, not applicable to all the counties in the State, increasing the uniform charge for the registration of deeds and conveyances or regulating costs and charges for the registration of deeds and conveyances or regulating costs and charges of courts, or fees, commissions or allowances of public officers.

Sec. 56. The Legislature shall not authorize payment to any person of the salary of a deceased officer beyond the date of his death.

Sec. 57. The Legislature shall not retire any officer on pay, or part pay, or made any grant to such retiring officer.

Sec. 58. Lands belonging to, or under the control of the State, shall never be donated, directly or indirectly, to private corporations or individuals, or railroad companies; nor shall such lands be sold to corporations or associations for a less price than that for which it is subject to sale to individuals; provided, that nothing contained in this section shall prevent the Legislature from granting a right of way, not exceeding 100 feet in width, as a mere easement, to railroads across State land, and the Legislature shall  never dispose of the land covered by said right of way, except subject to said easement.

Sec. 59. No obligation or liability of any person, association, or corporation held or owned by this State, or by any county, or other municipality thereof, shall ever be remitted, released, or postponed, or in any way diminished, by the Legislature; nor shall such liability or obligation be extinguished except by payment thereof into the proper treasury; nor shall such liability, or obligation be exchanged or transferred except upon payment of its face value; provided, that this section shall not prevent the Legislature from providing, by general law, for the compromise of doubtful claims.

Sec. 60. The Legislature shall provide, by general laws, for the location or removal of county seats by a vote of the people of the county to be affected.

Sec. 61. No State or county official, shall, at any time, during his term of office except, either directly or indirectly, any fee, money, office, appointment, employment, reward or thing of value, or of personal advantage,


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or the promise thereof, to lobby for or against any measure pending before the Legislature, or to give or withhold his influence to secure the passage or defeat of any such measure.

Sec. 62.  The Legislature shall never pass any law to authorize or legalize any marriage of any white person and a negro or descendants of a negro to the third generation inclusive, though the ancestor of each generation be a white person.

Sec. 63.  The Legislature shall provide by law for the regulation and reasonable restraint of trusts, monopolies and combinations of capital so as to prevent them from making, by such artificial means articles of necessity, trade or commerce scarce or by increasing the cost thereof to the consumer, or by preventing reasonable competition in any calling, trade or business.

Sec.64.  The Senators and Representatives shall, before entering on their official duties, take the following oath to wit: “I _______________, do solemnly swear (or affirm as the case may be), that I will support the Constitution of the United States and of the State of Alabama, and particularly observe and obey all the provisions of the latter relating to the Legislative Department, to the best of my ability, so help me God.”

MR. OATES-- I promised and now ask that the delegate from Jefferson, Mr. Weatherly, have leave, if he see proper hereafter, to file a minority report as to Section 63 in regard to trusts. He has not had the time to prepare it, and is not fully decided whether he will or not, but he has that right reserved to him, if he sees proper to file it.

I now ask that the report of the committee be printed, together with the article submitted, and that it be set down for hearing in the order of being reported, next after the last report submitted.

MR. LONG (Walker)-I do not object to the entire report, as it is rather lengthy, but only to that part of the report which relates to representation. We have a Committee on Representation, and they are ready to report, and I hope inasmuch as it is in the present Constitution under the head of Legislative Department, if it is to be continued under that head, I hope the distinguished Chairman will agree to consider that part of the report at the same time with the report of the Committee on Representation.

MR. OATES-I am willing that your report may come in with this, right after this report.

MR. LONG (Walker)-- We just want to consider them together.

MR. OATES-The report of that committee can follow the report of this, upon that subject.


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CONSTITUTIONAL CONVENTION, 1901

THE PRESIDENT - The gentleman from Montgomery moves that the report lie upon the table, with the ordinance reported, and that the gentleman from Jefferson be authorized to file a minority report, if he so desires. What time does the gentleman desire within which to file a minority report?

MR. OATES-I presume one day.

MR. BROOKS-Before that motion is put for the printing of the committee's report, I desire to rise to a question of privilege as to a matter which was before the committee. The section read just now by the Clerk, as reported from the committee, on the trust question, is not, and I desire to have the attention of the Chairman of the committee to what I am about to say, is not the section that was passed by the committee, or adopted by it. The members of the committee, and the Chairman will remember, that the ordinance on this subject was proposed by myself, and that after two separate votes on two distinct occasions, one where there was a long debate, the ordinance proposed by myself was adopted, the Chairman voting for it, stating at the time that he would endeavor to prepare a substitute which would be shorter than the ordinance proposed, which he thought too long, and I understood him to say that he would endeavor to prepare a substitute.

MR. BOONE-I rise to a point of order. All that matter can be explained when the article is before this Convention for action.

THE PRESIDENT--The gentleman is stating a question of privilege, and the Chair will hear the statement and necessarily must hear the statement before he can decide the question of privilege.

MR. BROOKS-As I was about to continue, without the vote of the Chairman of the committee in favor of that proposition, it obtained a majority vote, and I make this point, that the report as it comes in now is not the report in fact as it was adopted by the committee as to that particular section, and I maintain that I have a right, as a member of this Convention, and as a member of that committee, to bring the matter before this Convention, so that I may have a proper report of what was the action of the committee as to that particular section.

Now sir, if I have that right, then I want the proposition as it passed the committee, to be printed as a part of that report, and not an entirely different one. Now I understand from a conversation with my friend on yesterday, that he was preparing a substitute, which I supposed would be offered as an amendment, but certainly not as a part of the report of the committee.

THE PRESIDENT-Does the distinguished gentleman from Mobile move for a certiorari to bring up the papers? (Laughter.)


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OFFICIAL PROCEEDINGS

MR. BROOKS -- I move this, Mr. President: I move that the section which was adopted by the committee be printed along with the other and I ask the Chairman of the Committee to state  if I am not stating the facts as they are.

MR. OATES -- The delegate from Mobile states the fact substantially, except in this, as to which I think he is slightly mistaken; that when the last vote was taken in the committee I voted against the striking out and putting aside of his proposition, stating at the time that I could improve it I thought, by making it briefer, and therefore I would vote against laying it aside.  I thought the delegate from Mobile understood and accepted this view, and that  I was delegated by the committee to prepare a substitute.  But,  in order that all differences may be set at rest, I will ask that his ordinance, which was adopted by the committee, be printed along with the report, for the satisfaction of himself and others.

While I think I drafted the section expressive of the substance of what was done by the committee, but in much briefer form, I  will ask, as the delegate from Mobile insists that his proposition ought to go before the Convention, that his ordinance, which the committee adopted in fact, be printed to follow this report, that he may have the benefit of it.

MR. NeSMITH -- I voted against the ordinance of the gentleman from Mobile, and stated that I would join in a minority report, but I do not care to discuss the matter, except to say if the ordinance is made a part of the committee's report I would like to  reserve the right to join in the minority report.

MR. ROGERS (Sumter) -- I would like to ask the chairman of the committee a question.  We are not to understand that you endorse the ordinance introduced by the gentleman from Mobile, and the committee is further to understand you are against the  minority as to this ordinance in its words?

MR. OATES -- I stated the facts as to that.  That this section was substantially the same and would be acceptable to the gentleman from Mobile, and in the haste I did not have the time to submit it to him.

MR. WEATHERLY -- The statement of the Chairman of the Committee is correct, that the gentleman from Mobile consented that I might have an opportunity to present a minority report.

MR. MACDONALD -- I am a member of the Committee on Legislative Department, and the gentleman from Mobile is wholly correct in his statement as to what occurred in the committee in reference to the adoption of his ordinance.  The ordinance, or section proposed by the gentleman from Mobile contained a number of facts, or statements —


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CONSTITUTIONAL CONVENTION, 1901

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

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

MR. REESE -- The gentleman is out of order.

THE PRESIDENT -- The Chair will sustain the point of  order. The consideration of the report of the Committee on Ex- ecutive Department is not in order at this time.  All the objec- tions made, go to impeaching the report, and the Chair is unable to rule on questions that are outside of the report.  Prima facie the report is the report of the committee.

MR. MACDONALD -- Will the Chair permit one word? It has been stated by the chairman of the Committee that this is not the action of the committee.

MR. REESE -- I renew my point of order

THE PRESIDENT -- The point of order is sustained.

MR. BROOKS -- I ask the indulgence of the Convention just one moment —

MR. WADDELL -- I insist upon the point of order, Mr.  President.

MR. BROOKS -- To say that the chairman of the Committee himself has admitted that the report is not what was passed by the Committee.

MR. WEATHERLY -- I insist upon the Chair ruling upon the  point of order.

MR. BROOKS -- The Chairman of the Committee has him- self asked that the ordinance submitted by myself be printed ----

MR. WADDELL -- I gave the floor to the distinguished gentleman from Montgomery —

THE PRESIDENT -- The question is on the motion of the gentleman from Montgomery that the report lie upon the table, and that time be allowed for a minority report.

MR. MERRILL -- I move as a substitute for that the report be recommitted to the committee for the purpose of settling the difficulty that seems to exist.

MR. OATES -- I hope that motion will not prevail —

THE PRESIDENT -- The motion to recommit is not in or- der at this time.  The Report of the Committee is not before the Convention for reconsideration.

MR. OATES -- I will say in order to settle this, as the dele- gates are so much dissatisfied about the report when it comes up


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OFFICIAL PROCEEDINGS

I will give them an opportunity to move to strike out what is put in there and offer his proposition----

THE PRESIDENT-The Chair has sustained the point of order that this matter is not open to discussion. The Chair is compelled to receive the report, which is prima facie the report of the Committee. If the gentlemen desire to impeach it as the report of the Committee, they will have to find some other method of doing so, when the report comes up for consideration.

MR. BROOKS-Do I understand then that this Committee's report as it is, is to be printed, and not a correct representation of what passed in the Committee? That this be printed and that which did pass the Committee will not be printed? Do I understand that to be the effect of it?

THE PRESIDENT-The effect will be that the report of the Committee as made by its chairman will lay upon the table and be printed as the report of the Committee.

MR. BROOKS-Notwithstanding the statement of the chairmen himself that my proposition should be printed along with it. Is it not competent for him to make that request?

THE PRESIDENT--It is competent and if the gentleman adds that to his motion, the Chair will submit it as a part of his motion.

MR. OATES-I request, to satisfy the gentleman, to let it be printed, following the report of the Committee.

THE PRESIDENT-The request of the gentleman will not be a motion before this Convention. It is for the Convention to say whether this report shall be printed. Does the gentleman make a motion that it be printed?

MR. OATES-I move that it be printed.

THE PRESIDENT-It is added to the motion that this ordinance introduced by the gentleman from Mobile be printed with the report of the Committee.

MR. WEATHERLY-I make no objection to that, provided the Committee's report shall show the statement of the fact that was the ordinance introduced by Mr. Brooks.

MR. MACDONALD-Will the gentleman permit me to ask him a question before he sits down? You advocate letting this report go to this Convention as a report of a majority of the Committee, when in point of fact it was not the majority, and put us in the fix of making a minority report here?

MR. WEATHERLY-I am not the proper tribunal to settle questions of fact occurring between the members of a committee.


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CONSTITUTIONAL CONVENTION, 1901

THE PRESIDENT -- That question can only properly be raised when it comes before the Convention for consideration. Any delegate, whether a member of the Committee or not, may move to recommit this report, on the ground that it is not the report of the committee, but the Chair cannot assume to rule this report out as not being the report of the Committee on Legislative Department when it is presented here by the distinguished chairman as the report of the committee.

MR. BROOKS-I rise to a parliamentary inquiry. I want to ask in view of the ruling of the Chair and the statement of the Chairman, if any delegate in this Convention has a right to enter a protest against a matter to this sort and have it spread on the Journal?

THE PRESIDENT-The Chair knows of no rule we have for spreading protests on the Journal, but the statement of the gentleman upon the floor will be published as a part of the official proceedings of the Convention.

MR. LONG (Walker)-I rise to a point of order. Before a motion can be made to print two reports, the rules will have to be suspended.

MR. O'NEAL (Lauderdale)-I rise to a point of order. Under the rules of the Convention whenever a report of the committee is made it is printed without a motion.

MR. HEFLIN (Randolph)-I call for the regular order, the report of Standing Committees.

MR. WADDELL-I gave the floor to the gentleman from Montgomery (Oates) for the purpose of making his report.

MR. OATES-A part of the motion I made was that this report be set down next in regular order of committees' reports.

THE PRESIDENT-The Chair put that as part of the motion and it was so ordered.

MR. CARMICHAEL (Colbert)-I ask permission to introduce a resolution in order that the Engrossing and Enrolling Clerk may proceed with the discharge of her duties.

Resolution 195. Be it resolved, that the Engrossing and Enrolling Clerk of the Convention, be, and she is hereby authorized to employ such assistance as may be necessary to properly discharge the duties of her office. This resolution shall take effect on and after the 24th day of June. Resolution was referred to Committee on Printing and Incidental Expenses.

MR. PITTS-I ask unanimous consent to submit the report of the Committee on Representation.


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OFFICIAL PROCEEDINGS

MR. PILLANS-If it is to be read I shall object. I intend to offer a resolution to go to the Committee on Rules for the future printing of these ordinances without their being read.

THE PRESIDENT-The Chair will call the attention of the gentleman from Mobile to the fact that the rules of the Convention require that ordinances shall receive three readings in the Convention. It receives one reading when it is introduced, when the committees reports it receives its second reading, and on its passage receives its third and final reading.

MR. PILLANS-I do not wish to differ with the Chair, it receives one reading when introduced, a second when acted upon and a third on final passage. All I wanted to do was to save time reading and re-reading sections before they were acted upon.

THE PRESIDENT-Does the gentleman object to the reading of the report of the committee?

MR. PILLANS-I understand the report is very short. I withdraw my objection.

MR. FOSTER-Is not the report of Standing Committees the order, for this hour.

THE PRESIDENT-Yes.

MR. FOSTER-Does it require unanimous consent?

THE PRESIDENT - We are proceeding under unanimous consent. The regular order has not been taken up.

MR. ASHCRAFT-The rule requires that ordinances shall be read three times.

THE PRESIDENT-Yes.

MR. ASHCRAFT-The rules does not require that the report of the committee be read if it is printed in the proceedings.

THE PRESIDENT-The gentlemen seem to have been proceeding upon the idea that the report accompanying the ordinances will better enable the Convention to understand the ordinance when read.

MR. ASHCRAFT-Possibly that might be true if they were listened to, but if they are not how is it?

THE PRESIDENT-The Secretary will proceed to read the report of the Committee on Representation.

REPORT OF THE COMMITTEE ON REPRESENTATION.

Mr. President:

The Committee on Representation instructs me to submit the following ordinance for adoption as Article -------- of the Constitution of the State of Alabama, viz.:


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CONSTITUTIONAL CONVENTION, 1901

ARTICLE -----.

Section 1. The whole number of Senators shall be not less than onefourth or more than one-third of the whole number of Representatives.

Sec. 2. The House of Representatives shall consist of not more than one hundred and five members, unless new counties are created, in which event each county shall be entitled to one Representative. The members of the House of Representatives shall be apportioned by the General Assembly among the several counties of the State according to the number of inhabitants in them respectively, as ascertained by the decennial census of the United States; which apportionment, when made, shall not be subject to alteration until the next session of the General Assembly after the next decennial census of the United States shall have been taken.

Sec. 3. It shall be the duty of the General Assembly at its first session after the taking of the decennial census of the United States in the year 1910, and after each subsequent decennial census, to fix by law the number of Representatives and apportion them among the several counties of the State according to the number of inhabitants in them respectively; provided, that each county shall be entitled to at least one Representative.

Sec. 4. It shall be the duty of the General Assembly at its first session after the taking of the decennial census of the United States in the year 1910, and after each subsequent decennial census, to fix by law the number of Senators, and to divide the State into as many Senatorial Districts as there are Senators, which districts shall be as nearly equal to each other in the number of inhabitants as may be, and each shall be entitled to one Senator and no more; and which districts when formed should not be changed until the next apportioning session of the General Assembly after the next decennial census of the United States shall have been taken; provided, that counties created after the next preceding apportioning session of the General Assembly, may be attached to Senatorial districts. No county shall be divided between two districts, and no district shall be made of two or more counties not contiguous to each other.

Sec. 5. Should the decennial census of the United States, from any cause, not be taken, or if, when taken, the same as to this State, is not fully satisfactory, the General Assembly shall have power, at its first session after the time shall have elapsed for the taking of said census, to provide for an enumeration of all the inhabitants of this State, and once in each ten years thereafter, upon which it shall be the duty of the General Assembly to make the apportionment of Representatives and Senators as provided for in this Article.

Sec. 6. Until the General Assembly shall make an apportionment of Representatives among the several counties, at its first session after the taking of the decennial census of the United States in the year 1910, as herein provided, the counties of Autauga, Baldwin, Bibb, Blount, Cherokee, Chilton, Choctaw, Clay, Cleburne, Coffee, Colbert, Conecuh, Coosa, Covington, Crenshaw, Cullman, Dale, DeKalb, Escambia, Fayette, Franklin, Geneva, Greene, Lamar, Lawrence, Limestone, Macon, Marion, Marshall,

   


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Monroe, Dickens, Randolph, St. Clair, Shelby, Washington and Winston shall each have one Representative; the counties of Barbour, Bullock, Butler, Calhoun, Chambers, Clarke, Elmore, Etowah, Hale, Henry, Jackson, Lauderdale, Lee, Lowndes, Madison, Marengo, Morgan, Perry, Pike, Russell, Sumter, Talladega, Tallapoosa, Tuscaloosa, Walker, and Wilcox shall each have two Representatives; the counties of Dallas and Mobile shall each have three Representatives; and the county of Jefferson shall have seven Representatives.

Sec. 7. Until the General Assembly shall divide the State into Senatorial districts, as herein provided, the Senatorial districts shall be as follows: First District, Lauderdale and Limestone; Second District, Lawrence and Morgan; Third District, Blount, Cullman and Winston; Fourth District, Madison; Fifth District, Jackson and Marshall; Sixth District, Etowah and St. Clair; Seventh District, Calhoun; Eighth District, Talladega; Ninth District, Chambers and Randolph; Tenth District, Tallapoosa and Elmore; Eleventh District, Jefferson; Fourteenth District, Pickens and Sumter; Fifteenth District, Autauga, Chilton and Shelby; Sixteenth District, Lowndes; Seventeenth District, Butler, Conecuh and Covington; Eighteenth District, Bibb and Perry; Nineteenth District, Choctaw, Clarke and Washington; Twentieth District, Marengo; Twenty-first District, Baldwin, Escambia and Monroe; Twenty-second District, Wilcox; Twenty-third District, Henry; Twenty-fourth District, Barbour; Twenty-fifth District, Coffee, Crenshaw and Pike; Twenty-sixth District, Bullock and Macon, Twenty-seventh District, Lee and Russell; Twenty-eighth District, Montgomery; Twenty-ninth District, Cherokee and DeKalb; Thirtieth District, Dallas; Thirty-first District, Colbert, Franklin and Marion; Thirtysecond District, Greene and Hale; Thirty-third District, Mobile; Thirtyfourth District, Cleburne, Clay and Coosa; Thirty-fifth District, Dale and Geneva.

I return herewith all ordinances referred to committee.

P. H. PITTS, Chairman Committee on Representation.

Mr. President:

I submit herewith a report of a minority of the Committee on representation. 

     P. H. Pitts, Chairman Committee on Representation.

Minority report of Committee on Representation.

Mr. President:

The undersigned members of the Committee on Representation beg leave to submit the following report:

We recommend that Section 2 be amended by striking out the words "one hundred and five members," and insert "hundred members'". Also by striking out the words "next session" and insert "first session."


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CONSTITUTIONAL CONVENTION, 1901

We also recommend the striking out all the first part of Section 3 down to the words "fixed by law" and insert in lieu "The General Assembly may after the adoption of this Constitution, and shall after its first session, after each decennial census of the United States thereafter"-

We further recommend the striking out of all the first part of Section 4 down to the words "into as many senatorial districts" and insert instead "The General Assembly may after the adoption of this Constitution and shall at its first session after each decennial census of the United States thereafter fix by law the number of Senators and divide the State"-

We further recommend that Section 6 be amended as follows:

Sec. 6. Until the General Assembly shall make an apportionment of Representatives among the several counties of Autauga, Baldwin, Bibb, Blount, Butler, Cherokee, Chilton, Choctaw, Clay, Cleubrne, Coffee, Colbert, Conecuh, Coosa, Covington, Crenshaw, Cullman, Dale, DeKalb, Elmore, Escambia, Etowah, Fayette, Franklin, Geneva, Green, Lamar, Lawrence, Limestone, Macon, Marion, Marshall, Monroe, Pickens, Randolph, Shelby, St. Clair, Walker, Washington, Winston, shall each elect one representative. The Counties of Barbour, Bullock, Calhoun, Chambers, Clarke, Hale, Henry, Jackson, Lee, Lauderdale, Lowndes, Madison, Marengo, Morgan, Perry, Pike, Russell, Sumter, Talladega, Tallapoosa, Tuscaloosa and Wilcox shall each elect two representatives. The counties of Dallas and Mobile shall each elect three representatives. The County of Montgomery shall elect four representatives and the county of Jefferson shall elect six representatives.

We further recommend that Section 7 be amended as follows:

Section 7. Until the General Assembly shall divide the State into Senatorial Districts, the Senatorial Districts shall be: First District, Lauderdale and Limestone; Second, Lawrence and Morgan : Third, Winston, Blount and Cullman; Fourth, Madison; Fifth, Jackson and Marshall; Sixth, Etowah and St. Clair; Seventh, Calhoun and Cleburne; Eighth, Talladega and Clay; Ninth, Randolph and Chambers; Tenth, Talladega and Coosa; Eleventh, Tuscaloosa; Twelfth, Lamar, Fayette and Walker; Thirteenth, Jefferson; Fourteenth, Pickens and Sumter; Fifteenth, Chilton, Shelby and Elmore; Sixteenth, Autauga and Lowndes ; Seventeenth, Butler, Conecuh and Covington; Eighteenth, Perry and Bibb; Nineteenth, Choctaw, Clarke and Washington; Twentieth, Marengo; Twenty-first, Monroe, Escambia and Baldwin; Twentysecond, Wilcox; Twenty-third, Henry, Dale and Geneva; Twentyfourth, Barbour; Twenty-fifth, Pike, Coffee and Crenshaw; Twenty-sixth, Macon and Bullock; Twenty-seventh, Lee and Russell; Twenty-eighth, Montgomery; Twenty-ninth, DeKalb and Chero-


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OFFICIAL PROCEEDINGS

kee; Thirtieth, Dallas; Thirty-first, Colbert, Franklin and Marion; Thirty-second, Greene and Hale; Thirty-third, Mobile.

Respectfully submitted,

J. W. Grayson, C. H. Greer.

Minority report of the Committee on Representation.

The minority of the Committee on Representation dissent from the recommendations of the majority, and recommend that the number of representatives remain one hundred and the Senators thirty-three.

That the apportionment of Senators and Representatives remain as they are until the next session of the General Assembly, which may reapportion them, and after the decennial census 1910 shall reapportion them.

J. W. Grayson, C. H. Greer.

MR. PITTS--I move that the report of the Committee lie on the table and be printed.

THE PRESIDENT - Does the gentleman desire to incorporate in his motion that it be set specially for consideration?

MR. PITTS-No, sir.

A vote being taken the motion was carried.

MR. HEFLIN (Randolph)-I call for the regular order.

MR. WATTS-I ask unanimous leave to introduce a short resolution and I propose to move to suspend the rules and have the resolution put on its immediate passage.

THE PRESIDENT - Does the gentleman from Randolph withdraw his motion for the introduction of this resolution.

The withdrawal was made and the resolution was read as follows:

Resolution No. 196, by Mr. Watts:

Be it resolved, That the privileges of the floor of this Convention are hereby extended to Alabama's distinguished son, Hon. Hiliary A. Herbert, Ex-Secretary of the Navy.

Be it further resolved, That on Friday the 28th inst, this Convention recess from 12:30 to 3 p. m. instead of from 1 to 3 p. m., and that the Convention remain in session until 6 p. m., in order that the Alabama Bar Association may have the use of this hall for the purpose of hearing the address of the Hon. Hiliary A. Herbert to said Association.  


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CONSTITUTIONAL CONVENTION, 1901

A vote was taken on the motion to suspend but the result was not announced by the President-

MR. REESE- I demand a division of the question involved.

MR. HEFLIN (Randolph)-Too late the vote has been taken.

THE PRESIDENT - The Chair has not yet announced the vote can the motion to suspend. The motion to suspend is carried. The question now is on the adoption of the resolution.

MR. REESE - I now move a division of the question.

MR. WATTS-It is too late.

THE PRESIDENT-In the opinion of the Chair, it is not too late. The ground upon which the Chair refused to entertain the motion for a division the gentleman made awhile ago was that the gentleman could not make his motion while the House was passing on the motion to suspend the rules. In the opinion of the Chair it is now in order for the gentleman to demand a division of the question.

MR. DUKE-I rise to a point of order. The gentleman from Dallas is making the demand for a division out of his seat.

THE PRESIDENT-The point of order is well taken.

MR. SAMFORD (Pike) -Well, I will make the demand from my seat.

The question will be divided. Under the rules any member of the Convention has a right to demand a division of a question where the sense of it will admit of the division. The Secretary will read the first proposition.

The first part of the resolution extending the privileges of the floor to Mr. Herbert was read and unanimously passed.

The remaining part of the resolution was then read.

MR. WATTS- The object of that resolution is to permit the members of the Alabama Bar Association who are members of this house to hear the address of Hon. Hilary A. Herbert. The request is only for the adjournment of the Convention for half an hour earlier than it would ordinarily recess and it is for the purpose also of obtaining this hall so that the crowd that is expected to be here to hear the address can be accommodated.

MR. OATES-If it is in order, I move to amend the motion of the delegate from Montgomery by striking out 12:30 and inserting 12. I belong to the Alabama Bar Association and I have never attended a meeting of that body where the invited guest made the first address. Usually the President makes his address first and then the invited guest. Members will not have time to


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OFFICIAL  PROCEEDINGS

hear both addresses and go home and get dinner between 12:30 and 3 o'clock.

MR. SAMFORD (Pike)- I do not like to appear to be interposing objections to listening to an address by a distinguished citizen of Alabama or of the nation, but I submit to this Convention that it does seem to me that we have taken up as much or perhaps more time than the people generally think we ought to take in the work that is set before us and that we should not adjourn and give way from time to time on every such occasion as this. I submit that it is not our time but the people's time that we are wasting. I simply desire to make this explanation of the vote that I shall cast on this occasion.

MR. DUKE-I move to further amend the resolution by providing that the Convention remain in session until 6 o'clock tomorrow. That would take the time of the members of the Convention, and not of the people, and give it to the Bar Association.

MR. PETTUS-I move the previous question on the resolution. pending and on the amendment.

MR. SOLLIE-I am not unfriendly to the resolution but the original resolution as introduced did not change the time for the evening session, and don't this require a suspension of the rules?

THE PRESIDENT - The rules of the Convention cover both morning and afternoon sessions and when the rules are suspended on a resolution it is in order to dispose of the resolution in whatever manner the Convention sees fit. The point of order is overruled.

A vote being taken the previous question was ordered.

MR. OATES-I will accept the amendment of the gentleman from Chambers.

THE PRESIDENT-That can only be done by unanimous consent.

A vote being taken the amendment of the delegate from Chambers (Mr. Duke) was adopted.

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

A further vote being taken the resolution as amended was adopted.

MR. LOMAX-I ask leave to introduce a short resolution for reference to a Committee.

Resolution 197, by Mr. Lomax:


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CONSTITUTIONAL CONVENTION, 1901

Resolved, that the sum of seven and 50-100 dollars be and the same is hereby appropriated to pay for stenographic work for the Committee on Preamble and Declaration of Rights.

Referred to Committee on Schedule, Printing and Incidental Expenses.

MR. FERGUSON- I ask unanimous consent to introduce a short resolution.

The resolution was read as follows:

Resolution No. 198. by Mr. Ferguson:

A Greeting, from the people of Alabama to the People of Cuba:

Be it resolved, by the people of Alabama, in Convention assembled, That we extend out congratulations to the people of  Cuba upon the termination of their woes borne so greviously for so many generations, and we welcome them to the great family of self-governing nations and hope that some day Cuba, untram- meled and of her own free will, may become our younger sister in the mighty Union of States.

Be it further resolved, That the Department of State at Washington be and is hereby requested to convey through the proper official channels this testimonial of our good will toward the people of Cuba, that the same may be laid before the Constitutional Convention of the Island of Cuba.

Referred to Committee on Rules.

THE PRESIDENT-I will refer to the report of the Committee on Executive Department.

MR. FERGUSON-I would ask its reference to the Committee on Rules.

The reference was made.

The further call of the standing committees for reports proceeded and the Committee on Amending the Constitution and Miscellaneous Provisions handed in its report, which was read as follows:

An ordinance to prescribe the mode in which the Constitution may be amended.

Be it ordained by the people of Alabama in Convention assembled, that Article XVII of the Constitution be stricken out, and the following Article inserted in lieu thereof:


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ARTICLE XVII.

Mode of Amending the Constitution:

1. Amendments may be proposed to this Constitution by the General Assembly in the manner following: The proposed amendment shall be read in the House in which they originate on three several days, and if upon the third reading, three-fifth of all the members elected to that House shall vote in favor thereof the proposed amendments shall be sent to the other House, in which they shall likewise be read on three several days, and if upon the third reading three-fifths of all the members elected to that House shall vote in favor of the proposed amendments, the General Assembly shall order an election by the qualified electors of the State upon such proposed amendments, to be held either at the general election next succeeding the session of the General Assembly at which the amendments are proposed or upon another day appointed by the General Assembly not less than three months after adjournment of the session of the General Assembly, at which the amendments are proposed. Notice of such election together with the proposed amendments shall be given by proclamation of the Governor which shall be published in every county is such manner as the General Assembly shall direct, for at least eight weeks successively next preceding the day appointed for such election. On the day so appointed an election shall be held for the vote of the qualified electors of the State on the proposed amendments. If such election be held on the day of the general election the officers of the general election shall open a poll for the vote of the qualified electors on the proposed amendments: if it be held on a day other than that of a general election, officers for such election shall be appointed and the election shall be held in all things in accordance with the law governing general elections. In all elections upon such proposed amendments the votes cast thereat shall be canvassed, tabulated, and returns thereof made to the Secretary of State, and counted, in the same manner as is done in elections for Representatives in the General Assembly, and if it shall thereupon appear that a majority of the qualified electors who voted at such election upon the proposed amendments, in favor of the same, such amendments shall be valid to all intents and purposes, as parts of this Constitution. The result of such election shall be made known by proclamation of the Governor.

2.-Upon the ballots to be used at all elections provided in Section 1 of this Article the substance or subject matter of each proposed amendment shall be printed so that the nature thereof shall be clearly indicated, following each proposed amendment on the ballot shall be printed the word "Yes" and immediately following that shall be printed the word "No". The choice of the elector shall be indicated by a cross mark before the answer he desires.

3.-No Convention shall hereafter be held for the purpose of altering or amending the Constitution of this State unless after the General Assembly by a vote of a majority of all the members elected to each House has passed an act or resolution calling a Convention for such purpose, the question of Convention or No Convention shall first be submitted a vote of all


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the qualified electors of the State, and approved by a majority of those voting at such election. No act or resolution of the General Assembly calling a Convention for the purpose of altering or amending the Constitution of this State shall be repealed, except upon the vote of a majority of all the members elected to each House at the same session at which such act or resolution was passed.

4.-All votes of the General Assembly upon proposed amendments to this Constitution, and upon bills or resolutions calling a Convention for the purpose of altering or amending the Constitution of this State, shall be taken by yeas and nays and entered on the Journals. No act or resolution of the General Assembly passed in accordance with the provisions of this article proposing amendments to this Constitution or calling a Convention for the purpose of altering or amending the Constitution of this State, shall be submitted for the approval of the Governor, but shall be valid without his approval.

Report of the Committee on Amending the Constitution and Miscellaneous Provisions.

MR. PRESIDENT-The Committee on Amending the Constitution and Miscellaneous Provisions beg leave to report herewith an ordinance to take the place of Article XVI of the present Constitution.

The only matters in which the report of the Committee differ from the Article in the present Constitution are the following:

1. Section 2 of the Article in the present Constitution is made Section 3 in the report.

2. A new Section, number 2, in the report has been added forbidding the increase or diminution of the compensation of any public officer during the term for which he shall have been elected. Respectfully submitted, J. M. Foster, Chairman.

An ordinance to amend Article XVI of the Constitution.

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

ARTICLE XVI.

Miscellaneous Provisions.

1. No person holding an office of profit under the United States except postmasters, whose annual salaries do not exceed two hundred dollars, shall, during his continuance in such office, hold any office of profit under this State; nor shall any person hold two offices of profit at one and the same time under this State except Justices of the Peace, Constables, Notaries Public and Commissioners of Deeds.


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2. The salary, fees, or compensation of any officer holding any civil office of profit under this State or any county or municipality thereof, shall not be increased or diminished during the term for which he shall have been elected or appointed.

3. It is made the duty of the General Assembly to enact all laws necessary to give effect to the provisions of this Constitution.

Report of the Committee on Amending the Constitution and Miscellaneous Provisions:

Mr. President,

The Committee on Amending the Constitution and Miscellaneous Provisions beg leave to report herewith an ordinance to take the place of Article XVII of the present Constitution.

The committee does not report specially upon all ordinances referred to it; but has embodied the ideas of some of them in this report. All ordinances referred to your committee are herewith respectfully returned.

The material particulars in which this report differs from the article in the present Constitution are as follows:

Section 1 has been rewritten so as to require the assent of three-fifths of all the members elected to each House of the General Assembly to propose amendments before the same can be submitted to the people. The committee was aware that doubt existed as to whether the language of this article in the Constitution required two-thirds of all the members elected to each House, or only two-thirds of a quorum of each House. and that it was susceptible of the latter construction. The committee deemed it best that more than a majority of all the members elected to each House should approve the amendments before they should be submitted, and thought it advisable to express the requirements in language that cannot be misunderstood.

The General Assembly has been given the option of ordering that the proposed amendments be voted on at a general election, or at a special election called for that purpose as it might think best.

A new section numbered two in the report has been added. This section provides that on the ballot to be used at election on proposed amendments the subject matter of each amendment shall be printed in language which shall clearly indicate the nature of the amendment.

Section 2 of the article in the present Constitution is numbered three in the report, and has been changed so as to prevent the call of a Constitutional Convention unless such call shall first


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receive the affirmative vote of a majority of all the members elected to each House of the General Assembly. This section has also been amended so as to forbid the repeal of an act calling a Constitutional Convention except at the same session of the General Assembly at which the act was passed.

A new section, numbered 4 in the report, has been added requiring an aye and nay vote by the members of the General Assembly on all propositions to amend the Constitution and to call a Constitutional Convention. This section also makes it plain that the approval of the Governor is not necessary to give validity to any act or resolution of the General Assembly proposing amendments to- the Constitution or calling a Constitutional Convention. Respectfully submitted, J. M. Foster, Chairman.

MR. SOLLIE-As a member of this Committee I wish to say that I was not in accord with all of the sections as reported by the Committee and reserve the right to oppose them when the matter comes up. I give this notice now because the facts which I deem not necessary to bring now before the Convention, part of which was my absence from the Committee during a part of its deliberations. I did not, intended, however, to bring in a minority report.

MR. BURNS-As a quasi member of that Committee, I beg leave to state I never heard of the report before and I ask the privilege of objecting to some of its provisions.

MR. FOSTER - It has not been my fault that gentlemen have not heard of the provisions. As the President knows, I have had notices of meetings of the Committee called out before the Convention. We have always had a quorum, and if members choose to absent themselves I cannot go around town and hunt them up. I do not know whether it is necessary, but if it is, I move that the report be printed and take its place on the calendar.

The motion was carried.

MR. HEFLIN (Chambers)-A good many members of committees when reports are made consume time in giving notice that they will object to certain of the provisions of the report. I want to inquire if members of the Committee and other delegates have not the right to amend a section without giving notice that they differ with the report?

THE PRESIDENT-It seems to the Chair there is no power to compel members of the committee to support a report unless they see fit. It is usually supposed that members of a committee, unless they submit minority reports are favorable to the majority report. That supposition, sometimes, however, proves to be violent.


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The call of the regular order was resumed and the Committee on Schedule and Printing offered the following report:

Mr. President:

The Committee on Schedule, Printing and Incidental Expenses have instructed me to make the following partial report, viz:

The committee have audited the accounts hereto attached and find that the State of Alabama is indebted to the Brown Printing Company of Montgomery, Alabama, in the sum of two hundred and fifty-five and twenty-five one hundredths dollars. We find that said State is indebted to Marshall & Bruce of Nashville, Tennessee, the sum of twelve dollars.

We also find that said State is indebted to Ed C. Fowler Company, Montgomery, Alabama, in the sum of twenty-four and 75-100 dollars.

All of the above amounts are for articles furnished the State of Alabama for the use of the Constitutional Convention and all of the above amounts are itemized as shown by bills hereto attached. Total amount three hundred and two dollars.

And we recommend the payment of the same, all of which is respectfully submitted.                    

John T. Heflin,

Chairman of Committee on Schedule, Printing and Incidental Expenses.

MR. HEFLIN (Randolph)-I move that the report be printed and that it be adopted and that the President of the Convention be authorized to draw his warrant on the State Treasury for the benefit of the parties named.

THE PRESIDENT-It seems to the Chair that an ordinance requiring the payment of money, it would be more regular to let it lie on the table and be printed.

A motion to print was made and carried.

MR. HOWELL-I ask permission to introduce a resolution that is of some importance to this Convention and I think now is the proper time to do it.

The resolution, No. 199, was read as follows:

Resolved, that whatever clerical assistance may be necessary to be employed by the Enrolling and the Engrossing Clerk of the Convention be paid for at the rate of 15 cents per hundred words for such assistant clerical work.

MR. HOWELL-I move the adoption of that resolution and I ask permission to explain my reasons.


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At the organization of this Convention and in the election of officers there was an Enrolling and Engrossing Clerk elected who went upon the pay roll as $5 per day. I would then have protested against the election of that officer until there was work to do, but was deterred from it.

Nearly forty days of the Convention have come and gone and not a single article has been engrossed and yet that officer has been on the pay roll at $5 a day. I do not know the distinguished lady and I have no feeling in making the motion, but it seems to me we are paying out money for work not done. Now, a resolution is offered here this morning to authorize her to employ additional clerical force, to which I have no objection if it is needed, but, under that resolution, she would be authorized to employ at her discretion any number of clerks, and they would go on the pay-roll at $4 a day whether there is any work to do or not. This resolution of mine proposes if there is any such clerical work to do to pay for it at the rate of 15 cents a hundred. That is the whole of the resolution. I was deterred from protesting against this officer being elected at the time she was from the fact that somebody would say that I was niggardly, or that I did it for buncombe. I now move to suspend the rules, and that this resolution be placed on its immediate passage.

A vote being taken, the rules were suspended.

MR. CARMICHAEL (Colbert) - I move to amend that resolution by providing that the engrossing and enrolling clerk may employ such assistants as may be necessary, and these assistants shall receive 15 cents per hundred words for the work they do.

MR. HOWELL-I accept that amendment.

MR. ROBINSON-Has the engrossing and enrolling clerk been receiving compensation from the commencement of the convention ?

MR. HOWELL-That is the rule of the Legislature.

MR. ROBINSON-But has she received compensation since the Convention organized?

MR. HOWELL-That is the rule.

MR. ROBINSON-But has she actually received the compensation?

MR. HOWELL-I don't know that she has. I go upon the general rule.

Several members answered in the affirmative.

MR. ROBINSON-Did she do any work until the adoption of the executive report?


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MR. HOWELL-I don't think she did.

MR. LONG (Walker)-Was not that the fault of the members of the Convention that she has not been at work all the time ?

(Laughter).

MR. COBB-I want to say that it is a dangerous precedent to allow this engrossing and enrolling clerk to select such assistants as she desires. If she needs assistance, she should have it, but I don't think it should be in this form.

MR. CARMICHAEL (Colbert) - It has been the uniform custom and practice of the House of Representatives and Senate to allow this officer to select whatever assistants are necessary when the assistance is needed. It would be impossible for the Convention to know whether the engrossing clerk needs assistants. Since she has been elected, we should defer that matter to her.

MR. PROCTOR-In answer to the question of whether the engrossing and enrolling clerk has been receiving pay, I will say she has, and she has been here ready to perform any service that might be required of her, and she has been here at considerable expense. If the Convention don't see proper to give her any work, that is the fault of the Convention. As to leaving this matter to the Convention. this work may pile up on her and be dump- ed over to her after the Convention is closed. If we fix it so that she cannot employ assistants without referring it to the Convention, she would have to wait until the next morning before she could make arrangements to procure such force as is needed.

Now, as to paying 15 cents a hundred words for this work: You cannot get a man or a lady, either, to come here and work at 15 cents a hundred, getting the work as the Convention is going to give it to the engrossing clerk. She might be able to employ some one steadily, giving all the work they could do, at 15 cents per hundred, but she could not get them for that price as the work will be delivered. To have the held constantly at call, you will have to pay more than the Probate Judges pay for their enrolling. If this Convention is delayed waiting for work to be done in that department for one day, more money will be lost to the State than the whole cost of the department.

MR. BULGER - Is it not your opinion that this engrossing clerk can engross any Article that we have had before we get another?

MR. PROCTOR-That is true as we have been doing in the past, but how do we know that two or three Articles won't be passed in one day? The engrossing clerk could have kept up with all we have done and she may be able to do it in the future,


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but I think it would be wise for this Convention to give her this authority, and I, therefore, move to lay on the table the resolution of the gentleman from Colbert.

MR. WHITE-I submit this is a matter of soiree importance.

THE PRESIDENT-A motion to table is not debatable.

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

MR. HOWZE-I am opposed to this resolution because it puts it in the power of this clerk to appoint officers to the Convention without knowledge of the Convention and without knowing whether the help is needed. I don't think we should go into this extravagant way of appointing these assistants. If assistants are needed they ought to be employed. There is no engrossment required until an article is passed and from our experience I would judge that one clerk could enroll any Article before any other article gets to there. There has only been only article passed and from present prospects the next one won't pass for a month and I think one clerk will have an opportunity of engrossing every bill that will be sent to her. I think this is a matter that ought to be referred to a Committee before it is passed, and I therefore move that this be referred to the Rules Committee to determine whether or not this additional help should be granted.

MR. HOWELL- I will vote for that but will the gentleman allow me to offer an amendment before it goes to the Committee. I would suggest that if it becomes necessary for a clerk to be employed that the enrolling clerk can employ such with the consent and approval of the President.

MR. O'NEAL- I move the previous question.

A vote being taken the main question was ordered and a further vote being taken the motion to refer was carried.

By unanimous consent resolution 195 was withdrawn from the Committee on Printing and referred to the Committee on Rules.

MR. REESE-I ask unanimous consent to send up a short resolution which I am satisfied will save this Convention $5,000.

There was objection.

THE PRESIDENT - The President has a communication from the Sheriffs, Clerks and Registers Association of Alabama.

MR. PETTUS-I move that it be read.

The communication was read as follows:

At a special meeting of the Sheriffs, Clerks and Registers Association of Alabama, held in the city of Montgomery, Alabama, on the 26th of June, 1901, the following resolutions were unanimously adopted:


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Whereas, the main purpose for which the present Constitutional Convention now assembled at the Capitol was called, as understood by the people (such understanding having been obtained from the Democratic platform) was to disfranchise the negro and at the same time not to disfranchise any white voter, and

Whereas, the cause or justification for discrimination against Sheriffs in Alabama, which discrimination denies them the privilege of succeeding themselves in office has ceased to exist and

Whereas, the present Constitutional Convention proposes to further discriminate against the Sheriffs by lodging with the Chief Executive of the State the power to suspend and remove them from office pending proceedings of impeachment before the Supreme Court; and

Whereas, certain material changes are in contemplation by the Constitutional Convention that was not discussed before the people of Alabama, nor submitted for their consideration before the calling of the Constitutional Convention.

Therefore, be it resolved by the Sheriffs, Clerks and Registers Association of the State of Alabama,

First-That we respectfully appeal to the present Constitutional Convention to redeem every pledge made to the people of Alabama as embodied in the Democratic platform.

Second-Be it further resolved, That we favor the elimination from the Constitution, that provision which prohibits Sheriffs from succeeding themselves in. office.

Third--That we regard the proposition to lodge with the Chief Executive of the State of Alabama the extraordinary power to suspend or remove from office, the Chief Executive officer of the counties in Alabama, pending impeachment proceedings, as frought with great danger, and a direct thrust at local self-government, and earnestly protest against it.

Fourth-That it is the sense of this Association that any material change in the Judicial Department of this State will be a radical departure from the real purpose for which the Convention was called, and will greatly imperil the ratification of the Constitution when submitted to the people for their approval.

We therefore respectfully and earnestly petition the Constitutional Convention.

(a) Not to abolish the Chancery or City Courts , of the State.

(b) Not to reduce the present minimum area limits of the counties of the State.

(c) Not to incorporate in the Constitution a provision making any county officer ineligible to succeed himself.

Be it further resolved, that these resolutions be spread upon the minutes of this association, and that the President be and he is hereby instructed


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to present a copy of these resolutions to the President of the Constitutional Convention with the request that he present the same to the Convention.

A true copy from the minutes of the Sheriffs, Clerks and Registers Association of Alabama. W. R. Waller, President, H. H. Matthews, Secretary.

Is there any such body known to the laws of Alabama?

THE PRESIDENT-The Chair is unable to inform the gentleman, the communication is so signed.

MR. PETTUS-I move that that communication be referred to the Committee on Executive Department.

MR. REESE-I move to amend that by referring it to the Committee on Preamble and Bill of Rights.

MR. PITTS-I desire to offer a substitute for both those motions. The substitute was read as follows: Resolved, that the management of all public affairs be immediately turned over to the office holders.

MR. HEFLIN (Chambers)-I move to suspend the rules and lay that resolution on the table.

MR. PETTUS-I make the point of order that the resolution is out of order.

THE PRESIDENT-The resolution is out of order.

A vote being taken the amendment was lost and a further vote being taken the original motion was carried and the reference made.

THE PRESIDENT-The next order of business will be the consideration of the Committee on Taxation.

MR. CORNWALL-I ask unanimous consent to introduce a short resolution.

The President-The special order is the report of the Committee on Taxation.

MR. WHITESIDE-I rise to a question of personal privilege. On yesterday when the Convention was about to take a vote on the motion of the delegate from Walker to lay the amendment to Article I of the report of the Committee on Taxation on the table I called for a division of this question. The official report of the proceedings of the Convention attributed that call to Mr. Parker of Elmore. This does Mr. Parker an injustice as he desired to lay both amendments on the table. I only desired to lay the amendment to the amendment on the table, because I conceived that to be a matter of legislation. I wanted to vote for the


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first amendment. The amendment of the gentleman from Pike, because I conceived that that came strictly within the purview of a Constitutional provision. I desire further to complain and protest against the ruling of the President pro tem. on that call for a division in the face of Rule 37 which reads as follows:

Rule 37. Any delegate may call for a division of the question when the sense will admit of it.

The President pro tem. held that it was in the discretion of the gentleman from Walker as to whether or not he would permit a division of the question.

MR. GRAHAM (Talladega)-I rise to a point of order. The gentleman from Calhoun cannot call upon the Chair to correct a ruling of the President pro tem. of yesterday. His remedy was an appeal from the decision of the President pro tem. at that time.

MR. WHITESIDE-I am not asking for it to be corrected. I simply desire to protest against it.

MR. GRAHAM-I rise to the further point of order that the time was then to protest, not now.

THE PRESIDENT-It seems to the chair the point of order is well taken so far as it relates to the protest made by the gentleman.

MR. WHITESIDE-It is in the discretion, I conceive, of any member to make his motion as broad and covering as many propositions as he desires, but it is not within the discretion of any member of this Convention to prevent any member voting his sentiments on any proposition before the Convention.

THE PRESIDENT-The question before the Convention is the amendment proposed by the gentleman from Jefferson to Section 1 of the Article reported by the Committee on Taxation.

MR. WHITE (Jefferson)-At the close of the session yesterday, in answer to a statement made by me to the effect that the farmer paid taxes on all his property, the same as any other citizen of Alabama, my friend from Talladega read from the statute the exemption of some few articles from taxation. They apply as well to any one else as to the farmer. That, I think, is an answer to that proposition.

Now, Mr. President, what is this taxation? We limit the ad valorem tax to seven and one-helf mills on the dollar. This tax is twenty-five mills on the dollar. Fifty cents on every ton of fertilizer means fifty cents imposed on every twenty dollars' worth of property, and that, taken as an ad valorem tax, means twentyfive mills on the dollar. That is in addition to the tax the farmer has already paid, and this is an unequal and an unjust burden imposed upon him. This twenty-five mills on the dollar addi-


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tional taxation, is in addition to the fact that this same property has paid its proportion of taxes during the year as merchandise. Now, I say, Mr. President, and gentlemen of the Convention, that this is indefensible. In fact, our opponents do not undertake to defend it, but they tell us that the farmer does not pay it, and, therefore, it ought to still continue.

I say it is wrong, Mr. President and gentlemen of the Convention, without reference to who pays it. I say it is wrong to impose it upon the manufacturer, and it is doubly wrong to impose it upon the farmer, because he is less able to pay it than others. Does he pay it? We are told by gentlemen who claim to know something about it, that he does not. If he does not pay it, then every National Democratic platform, since I can recollect, has been wrong, because in every one of them they declare that the consumer pays the tariff tax laid upon goods. Certainly in these long years, if that were a fallacy or mistake, it would have been corrected. I know that the Republican doctrine asserts the contrary, but which is right? Which is correct? The Republicans claim that the manufacturer pays it. The Democrats claim that the consumer pays it. I am willing to stand with the Democratic platform for the last half a century.

Now, sir, to illustrate, how much tax is this? Why, it is ninety-thousand dollars a year. How much will that amount to in ten years ? Nearly a million of dollars in round numbers. Does any thoughtful man believe, or say, that the manufacturers of fertilizers are giving to the people of Alabama a million of dollars every decade that rolls around? Why, the mere statement of that proposition answers it. We know they do not pay it. As my friend has suggested, it is increasing every year. In 1896, the revenue derived from this tax amounted to fifty thousand dollars. In 1900 it amounted to ninety thousand dollars. In other words, it is increasing now at the rate of fifty thousand dollars in every five years, and, as our lands grow poorer, and as our farmers become more progressive and more intensive, the consumption of these fertilizers will increase, and the proportion which now exists will be destroyed. Ere long they will be paying probably twenty or twenty-five per cent of the revenues derived by the State from all sources. Today this tax amounts to nearly fourteen per cent of the ad valorem taxes of the State, and tell me then that it is a bagatelle? Tell me then, that the farmer who has to pay it does not feel the burden? I say, Mr. President, and gentlemen of the Convention, it is indefensible; it is wrong, and it ought not longer to exist.

Why impose upon this one class, a class that produces more wealth, gives employment to more people, maintains more homes, supplies the schools with more children and the churches with more membership, than all other classes in Alabama, why single them out to bear the weight of his unjust burden? They are al-


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ready staggering; they are already reeling under the imposition of taxes, because they are less prosperous than almost any other class of people in Alabama. Why make them the burden bearers of the State? I appeal to you and ask you if it is not wrong?

Does he pay it? I have it from a gentleman whose veracity cannot be questioned, here or anywhere else, that he buys fertili- zers without the tag at fifty cents a ton less than with it.  The  very same fertilizer. Clip the tag, and the price is cut fifty cents  on the ton, and I have no doubt that any man who has the cash in his pocket in the spring of the year, can walk up and buy his fertilizers for cash, waiving the guarantee represented by the tag, he can buy it for just fifty cents a ton less than he pays for it with the tag.

MR. FOSTER - Will the gentleman allow an interruption?

MR. WHITE - Yes.

MR. FOSTER - Your amendment contemplates, does it not,  that commodities may be inspected?

MR. WHITE - Oh, yes, but the cost of the inspection only  shall be charged.

MR. FOSTER - Is it to be charged against the commodities - the seller of the commodities?

Mr. WHITE- Yes, sir.

MR. FOSTER-Do you consider that the salary of the  inspecting officer is a part of the ?

MR. WHITE - Well I don't know what the legislature might provide along that line.

MR. FOSTER - Isn't this whole thing a matter for the legis- lature?

MR. WHITE - Why, of course, it is for the legislature.  But  this is a limitation upon taxation, and it provides that the legis- lature shall not levy more than that. That is all. Some gentle- men contend that this is legislation.

MR. FOSTER - May I ask another question?

MR. WHITE - Yes.

MR. FOSTER - Does your amendment then prevent the leg- islature from imposing any license tax that they see fit?

MR. WHITE - No.

MR. FOSTER - Isn't the whole matter in the discretion of the legislature under your amendment, as to what constitutes the  cost of the inspection?


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MR. WHITE-The cost of the analysis, and of inspection is the limit.

MR. FOSTER - But it is within the discretion of the legisla- ture as to what constitutes the cost?

MR. WHITE-Of course they will have to determine that but they cannot go beyond the reasonable cost of inspection.

MR. SOLLIE-The actual cost.

MR. WHITE-And I understand that is now some five, six, seven or eight cents a ton.

They say that this is legislation. What? A limitation upon taxation a legislative act? Why the unlimited power of taxation, Mr. President and delegates of the Convention carries with it the power of confiscation. Any man who has ever written or spoken upon this subject, will tell you that the power of taxation unlimited carried with it the power of confiscation and destruction. We limit, in this very section of this article, the power of the legislature to levy an ad valorem tax. We only ask you to do in this, exactly what you have done in the old Constitution, and what the committee recommends you shall do in this. The argument so often made that we are entering into legislative fields, is one of those convenient arguments that can be made when a gentleman is against a measure, and can he used by him the other way, when he is in favor of a measure. This is an argument, when made, which should always be considered well, and to which your earnest thought should he applied.

But, Mr. President, I do not think that my amendment was quite as wide and comprehensive as it should have been, and therefore I send up a substitute.

MR. GRAHAM (Talladega)-Will the gentleman permit a question before he goes on?

MR. GRAHAM-I desire to refer him to section 38 of Article IV of the present Constitution, which states:

"No State office shall he continued or created for the inspection or measuring of any merchandise, manufacture or commodity ; but any county or municipality may appoint such officers, when authorized by law," and ask if his resolution or amendment of yesterday does not by implication create, or give the Legislature the right to create offices of this kind?

MR. WHITE-Well, Mr. President, that is the section commonly known as the "coal oil" section.

MR. GRAHAM (Talladega)-I understand that the gentleman had some indirect connection with the coal oil business a year or two ago.


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MR. WHITE - Yes, I burned some of it, and I watched the suffering public burn more. The Supreme Court of the State de- clared this coal oil act void, but the gentleman now asks if my substitute does not in effect repeal that provision.

MR. GRAHAM (Talladega) - And open it up again for such offices?

MR. WHITE - Oh, no.  My friend, that old argument has  played out. We worked that for all it was worth two years ago, (Applause.) I did that, and the other members of the “squadron” did the same.

MR. GRAHAM (Talladega) - I am afraid the gentleman is trying to work it again.

MR. WHITE - If I am, it is through my friend over here, who was a part of the command. Will the clerk read the sub- stitute?

The substitute was read as follows:

Substitute for amendment offered by Mr. Cobb to Section 1, Article XI, as reported by Committee on Taxation:

No tax shall be imposed or license required of the manufac- turer or producer of any commodity or merchandise for selling or exchanging the same, and no inspection tax or license shall be imposed for the inspection or analyzing of any commodity of mer- chandise in excess of the reasonable cost of such inspection or  analysis.  Provided, the tag tax now imposed by law may remain in force until September 30th, 1903, and, provided, further, that the provisions of this section shall not apply to the manufacture of vinous, spiritous or malt liquors.

MR. HARRISON - May I ask you what caption or title you would put to that bill?

MR. WHITE - I will attend to that when I get to the Com- mittee on Harmony and Consistency. I am not now dressing it  up. I am giving it to you in such a language as you can take it in. Of course, it won't do to draw it too fine at the start. The gentleman from Lee might not take it that strong.

MR. O'NEAL (Lauderdale) - Will the gentleman permit a  question?

MR. WHITE - Yes, sir.

MR. O'NEAL (Lauderdale) - I ask simply for information. I did not understand very fully your substitute, but does it con- template prohibiting the Legislature from imposing any license tax on any article or commodity?


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MR. WHITE-Wait a moment, and I will give you the explanation as I understand it. The first clause of that section provides that no tax shall be imposed or license required of the producer or manufacturer, while he is engaged in selling or exchang- ing his products. That is the idea. My purpose was in that, to  prevent a tax or license being imposed, for instance, upon the cotton mills of Alabama for selling or exchanging their products. I meant by that to prohibit the Legislature from taxing the ag- riculturists of the State, while they were selling or exchanging the products of the farm. I meant by that that the coal operator should not be taxed while he was selling or exchanging his coal. I meant that Alabama has now become, or is fast becoming, one of the greatest manufacturing States of the Union. She is al- ready great in agriculture, and I mean to encourage her manu- facturers and to encourage her agriculturists, and to prevent the Legislature from discouraging her manufacturers and her agricul- turists, by imposing a tax upon them that is not imposed upon any other class.

The next provision is that no tax for the inspection or an- alyzing of any commodity of merchandise shall be imposed in excess of the reasonable cost of the inspection or analysis.  By that, it is intended that no commodity or merchandise sold to the  people of Alabama should bear an unequal burden or an unjust tax, but if the General Assembly saw fit, it might impose an in- spection tax on the article, in order that the people might be pro- tected, and to that extent alone they could fix it.

MR. LONG (Walker) - I will ask the gentleman, to illus- trate suppose the farmers of Alabama, or a majority of the peo- ple thereof, including the farmers, wish to retain this 50-cent tax on guano, should they be entitled to that privilege?

 MR. WHITE-Well, I suppose so; yes.

MR. LONG (Walker)-Then Your proposition to prohibit it is wrong?

MR. WHITE-No, sir. I suppose, Mr. President. that he is acting upon the doctrine that he who wears many stripes will receive great rewards. Some of the Apostles rather rejoiced and glorified in the stripes they received, because they saw in the land beyond joys that they would not have received but for them, and I say if-

The clock struck and the hour of adjournment had arrived.

THE PRESIDENT-The gentleman may conclude his sentence.

MR. WHITE-I say that if the farmers of Alabama are so anxious to bear these burdens, of which my friend from Walker speaks, they can bear them, lair. President, without going through


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the form of taxation; they can send the 50 cents to the Treasurer for every ton of fertilizer they buy.

After announcement of several committee meetings, the Con- vention adjourned until 3 o'clock p.m.                                                  _________

AFTERNOON SESSION.

The Convention was called to order by the President, and  the roll call showed 137 delegates present.

MR. WHITE - I have only a few words to say and then I  am done. The evils to be corrected by this amendment have been accentuated by the levy of 2 1-2 per cent ad valorem on the farmer. Now it amounts to just that much. But we are told that this provision is too broad, that it exempts every corpora- tion from a corporation tax. That is not true, as I understand it. It is said that it prevents the legislature from levying any tax in the way of license upon a dealer. That is not correct. It is  said that it prevents municipalities from levying a tax upon the occupation of the manufacturer. That is not true. The provision is that no tax shall be collected from the producer or manufac- turer for selling or exchanging, that is , for example, you cannot tax him one quarter or one-half of one per cent upon his sales, and that is all it means, that part of it. It don't mean anything else, and if you will listen at the reading of the substitute you will see that this is true. Now, Mr. President, one other word. We  claim that the levying of this tax and the appropriation of it to what are called agricultural schools in Alabama is wrong. Wrong, because one class pays the tax and all classes have the right to patronize the schools. But, Mr. President rather than strike these institutions down, rather than break faith with them, the substitute provides that until September 30th, 1903, the farmers  of Alabama will bear this injustice and after that time, the legis- lature can make provision for the schools in some other way.

MR. ROBINSON (Chambers) - Will the gentleman permit me to ask a question?

MR. WHITE - Certainly.

MR. ROBINSON - I would ask if this would apply to the manufacturers of patent medicines, or those who sell them.

MR. WHITE - You could not collect on his sales but you could collect for his factory and on the merchandise on his store.

MR. ROBINSON - They don't generally have any there.

MR. WHITE - Then it would not apply to manufacturers of vinous, spiritous and malt liquors, because that ought to be regu- lated by the police power without reference to the volume de-


1161                                                  

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rived. Now I ask unanimous consent that the substitute he adopted in place of my own amendment-I mean to be accepted for it.

THE. PRESIDENT-The gentleman asks unanimous consent to accept the substitute in lieu of the amendment offered by hint. Is there objection? The Chair hears none.

MR. O'NEAL,-Will the gentleman permit the to ask him a question.

 MR. WHITE-Certainly.

MR. O'NEAL,-I notice your substitute provides "No tax shall he imposed or license required of the manufacturer of any commodity or merchandise for selling or exchanging the same?

MR. WHITE-Selling or exchanging.

MR. O'NEAL--Does not a gas plant and ail ice plant sell their products?

MR. WHITE-Yes, I suppose they do but you cannot levy a tax upon the ice that is sold, in the sense that you cannot levy a per cent tax, but you can levy a tax upon the products, if you keep the ice from melting.

MR. O'NEAL,-Don't your substitute prohibit the imposition of a license tax or a privilege tax for selling their products?

MR. WHITE-Yes, for selling or exchanging only.

MR. McMILLAN (Wilcox)-Mr. President and gentlemen of the Convention, it is with a degree of reluctance that I ask you to hear me make a few remarks on the pending proposition. I feel and realize that this debate has been rather prolonged, and that it should draw to a close, but, Mr. President and gentlemen of the Convention, this is a question that I feel vitally interested in, and I feel that every farmer in Alabama is interested in this question, and being actuated only by one principle in life, to he sure you are right and then go ahead, is the reason I appear before you this evening.

Gentlemen, I believe that every member of this Convention is actuated solely by a desire to do that which is just, and that which will subserve the best interests of our people, and most especially that class of people whose limited means preclude the possibility of their appearing before legislative bodies and speaking in their own behalf. The assertion has been made that the farmers have not manifested any interest in legislation along this line. I challenge that assertion, and state that that it is a mistaken idea. I was a member of the last General Assembly of Alabama. I was assigned to a place on the Committee on Agriculture. Other members of that committee, as well as myself, realizing that this burden of a tag tax had weighed heavily upon one


1162

 

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class of our people, and desiring that they should be rid of this burden in a measure, introduced a bill in the Legislature, reducing this tag tax from fifty to thirty-five cents. This bill was referred to the Committee on Agriculture. After looking into all the facts in connection with the matter, Aye returned the bill to the House, with the unanimous endorsement and approval of every member of that committee. Now gentlemen, they assert this is a matter that should be delegated to the legislative body. I say it is, too, but I have seen it demonstrated on the door of the Legislature that such a measure cannot be passed, and if you wish me to assign reasons, I will say that not less than twenty members of the Legislature come front counties and sections where they have these Agricultural Schools. Some more come from Auburn. All of these are interested in the maintenance of these schools, and, sir, these members, in connection with the lobby which will come down from each of these schools, will constitute themselves into floor managers on such occasions, and sir, I say that they will invariably prevent such a meritorious bill passing the Legislature of Alabama.

Now I will say in this connection, that that bill did pass the Legislature, after a hard fought struggle, and went to the State, and sir, it never came out of the committee there. It never did. And, past experience leads me to believe that such will be the case in the future.

Now, gentlemen, I believe that this is class legislation, pure and simple. I, too, am in favor of having an analysis of every ton of fertilizer which is used in the State of Alabama, but, Mr. President, myself, as well as numbers of farmers in this State, believe that this is entirely too much sugar for a dime. We are informed that the proceeds accruing from this tag tax to date, for the first half of this year, amount to ninety-seven thousand dollars. Now, gentlemen, shall the farmers of Alabama pay to Auburn the sum of $16,166 for an analysis of fertilizer and maintain a school where not more than one-third of its pupils come from farmers' homes? Shall the farmers of Alabama pay to this school $16,166 for an analysis of fertilizers, when this analysis could be made by one chemist, at an expense not exceeding five to ten thousand dollars? But, gentlemen, I will say, that were this the only reason, I believe that the farmers of Alabama, in their kindness and their generosity, would accede to this, but it goes further, and does what? Why, sir, they maintain nine or ten so-called Agricultural Schools, which, as has been said upon this floor, do not teach agriculture. I say that they maintain these nine or ten Agricultural Schools at a total cost of about thirty thousand dollars. Nor is that all. This leaves a net balance of say about sixty thousand dollars, and where does this go? It is not paid to the fund for the education of the common mass of children whose limited means will always deprive them from crossing the thres-


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CONSTITUTIONAL CONVENTION, 1901

hold of Auburn, and whose location will prevent them from attend these Agricultural Schools, but sir it is converted into the general fund for all State purposes. Now is that right? Is it right to impose this double tax upon one class of our people?

Mr. President, I too am interested in farming. I both sell and use this commercial fertilizer and I say with an equal degree of fairness and with a like result you might impose a tax of one or two dollars on every ton in Alabama and with the proceeds resulting therefrom establish eighteen or twenty High schools and convert the remainder into the general fund for all State purposes. I feel that this tax should be abolished, if not abolished in toto that at least it should be limited to the amount that would only pay for the analysis of the fertilizers which the farmer uses on his ground.

Mr. Samford (Pike) was recognized.

MR. COLEMAN (Greene)-I would like to understand the situation. The amendment has been accepted, I believe?

THE PRESIDENT-Yes, sir.

MR. COLEMAN (Greene)-And the question is now upon the amendment?

THE PRESIDENT-The adoption of the substitute offered by the gentleman from Jefferson.

MR. COLEMAN (Greene)-I would like for the gentleman to give me permission to make a few remarks on this as he proposes to close.

MR. SAMFORD-Ordinarily out of the extreme respect that I have for my distinguished friend from Greene, I would yield the floor to him, but this discussion has proceeded for quite a while.

MR. COLEMAN-The discussion has been upon the fertilizer tax. That subject is lost sight of entirely by this amendment.

MR. SAMFORD-I will ask the gentleman from Greene if he favors the abolition of the fertilizer tax?

MR. COLEMAN (Greene)-I would ask the gentleman if his permission for me to speak depends on my answer to that question?

MR. SAMFORD-It does not; but I decline to yield the floor.

Mr. President, on Monday I had the honor of introducing an amendment to the report of the Committee on Taxation which I thought would bring tardy justice to a large number of my constituents, and to the farming classes in the State of Alabama. To that amendment with my consent and approval, an amendment was offered by the gentleman from Henry (Mr. Espy) yielding


1164

 

OFFICIAL PROCEEDINGS

a small part of the rights that I contended then and contend now are due to that class of our citizenship. Because of my espousal of the cause of the farmers of Alabama, gentlemen who succeeded me on this floor have seen fit by insinuation and inuendo to ascribe motives other than those of a pure nature to my effort by saying and often referring to the fact that I come from a county in which is located a fertilizer factory. I desire to say to them and that I am in no way connected with any fertilizer factory, either as attorney or as stockholder. I desire to say further than no officer of that corporation has ever approached me upon the subject of asking me to make any effort to relieve the farmers of the State of the tax of 50 cents per ton which they pay upon the fertilizer. Upon the contrary, in a conversation with the president of that institution in Pike county, he informs me it is an immaterial matter with the Troy Fertilizer Company because it is charged into the cost of production and is paid by the farmers why buy the products of that factory. Now, members upon this floor when they saw they were hard driven and hard pressed for an argument to meet the charges which had been made against this iniquitous tax made the effort to belittle and cast it aside lay saying it is nothing but a legislative function.

I do not pretend to be a great lawyer. I am merely an humble member of that fraternity, but I say to you and to the members of this Convention that among the first principles that were taught me in the law was that a Constitution was the only place where limitations might be put upon taxation or any kind of legislation in a State. Prohibitions and restrictions are the province of State Constitutions in contravention to the theory of the National Constitution. That being a fact, if it is within the province of this Constitution to place a limit upon legislation and upon taxation in part, why is it that members of this Convention hesitate to give protection to a class of people who, on account of their poverty are unable to form combines and lobbying combinations to come to Conventions and Legislative bodies for their own protection.

MR. KIRK-I understood you to say awhile ago that the president of one of these institutions stated to you that the farmer paid the tax?

MR. SAMFORD-I did, most assuredly.

MR. KIRK-Will you please state how that institution evades the statute which enables the farmer to defeat the collection of a debt incurred in the purchase of fertilizers under circumstances of that kind.

MR. SAMFORD-I will do so with a great deal of pleasure a little further along in my remarks.

Now, Mr. President, if we have a right, and I announce it as my firm conviction, that this Convention has not only the power


           1165

CONSTITUTIONAL CONVENTION, 1901

but the right and it is one of their proper functions to grant this relief, why is it that they hesitate? It is said by some-it has been argued upon this floor and it has been urged in private lobbying among the members of this Convention that the farmers don't pay the tax. It has been urged upon this floor that there is a statute in our Code which prohibits a manufacturer or dealers of any fertilizer from adding this tag tax into the price so as to make the farmer pay it. Now, let us see what that amounts to.

In the first place, it is a doctrine too well established by the Democratic party and by common sense, for anyone to say that the consumer does not pay scintilla and every cent that goes into either the production or the cost of production of any article that he uses. Every one of these factories has at its head the best business men in the community. Every one of these factories is run upon business principles. Every one of them is anxious to make a dividend for their stockholders, so that they may retain their lucrative positions. That being the case, the President's, the per diem of the directors, the salary of the man who fires the engine, of the man who feeds the cotton seed to the hopper, of the man who takes it away from the press, of the man who turns the oil in the tank-all of their salaries are added in just as the cost of the original crude material is added in, and in adding in these amounts, they include this 50-cent tax placed upon it by the State of Alabama, and I can answer the gentleman by relating a little incident. He asks me how it can be evaded. There was a captain of a vessel which plied the waters of the Atlantic. He went across to London or Liverpool and walked into an office, and he was dressed in a very seedy fashion, out of date and out of style. The captain of another vessel came up and said, "Look here, captain, what is the, matter that you can't dress up any better?" The first captain replied, "My salary is not sufficient." "Why don't you add it in your expense account?" "I don't think the company will permit that." "Oh, yes, they will," said the second captain. "The next time you make an expense account put in for a suit of clothes." So when the seedy captain went lack he added in one suit of clothes, $50, and he took it up to the Auditor of his company. The Auditor said, "This is all right, except that I see you have $50 added for a suit of clothes." "Yes,. that is there. I know I ought not to have put it there, and you can strike it out." So the next time he met his friend he said to him, "I added that $50 in and the company wouldn't stand it; they struck it out." "Did you add it in for a suit of clothes?" said his friend. "Yes." "Well, let me fix it for you the next time you make out an account." So, instead of putting down $1,000 for provisions," the account was made out $1,050, and when the captain took it into the Auditor, the Auditor said, "Yes, it is all right; you have not got that suit of clothes in there." "Oh, yes, I have, but you don't see it." That is the way with the manufacturer of fertilizer. This 50-cent tax is in there, but you don't see it.


1166

 

OFFICIAL PROCEEDINGS

But, Mr. President, the fact that the tax upon the farmer is small, the fact that it is infinitesimal in some instances, is no reason why an injustice should be done to them. As a matter of fact, in some instances the tax amounts to a large amount with the farmers, especially in my section of the country. I can well understand why it is that the farmers in some sections of the State have practically no interest in this great question, but when you observe the vast amount of commercial fertilizer that is sold in the wire-grass section of this State, where the lands are made to produce readily and to respond to the hand of the farmer when assisted by commercial fertilizers, you can readily understand why it is that the representatives of that section of the State should be here on this Convention floor pleading for their rights and for justice to be done them. Now, let us see what becomes of this tax.

Another argument has been made. Some of the members upon this floor say we should not reduce this tax or take the tax off entirely, for the reason that there will be a disruption of some of the educational institutions of this State. I desire now to say to the members of this convention that I am not an enemy of any of the institutions within the confines of this State. I am proud of its University. I am proud of its agricultural and mechanical colleges. I am proud of its high schools, whether they be supported by a tax from one community or a tax from another community. I am proud of its great common school system, but if they are great institutions, and if they are worthy to stand, they ought to be supported by appropriation from the general treasury, so that every man in this State should bear his equal proportion of the burden.

MR. O'NEAL,--Will the gentleman permit me to ask him a question?

MR. SAMFORD (Pike)-Yes, sir.

MR. O'NEAL,-Is it not true that while claiming to protect the farmer, the effect of this substitute will be to exempt all organized capital engaged in manufacturing of all privilege or ad valorem tax for selling or exchanging products? Will it not prevent any privilege tax being levied on gas plants, ice plants, cotton mills, oil mills and factories of that kind throughout the State, and won't it revolutionize the whole tax theory and substitute the single tax theory of Henry George, a tax only on real estate?

MR. SAMFORD (Pike)-I would have preferred to answer the gentleman in the course of my remarks, but as he puts the question, I say no, and that argument only comes from the opposition, the enemies to the farmers of this State. It is only an argument to becloud and cover up the real issue in this matter, and the astute questions that are being propounded are for that and no other purpose.


1167

CONSTITUTIONAL CONVENTION, 1901

MR. BOONE-May I ask the gentleman a question?

MR. SAMFORD-A gentleman who is representing a school which has always received special .privileges from the State of Alabama ought always to be recognized.

MR. BOONE-Don't you, as a lawyer, understand that the Supreme Court of Alabama has distinguished between an ad valorem and a license tax?

MR. SAMFORD-I suppose every lawyer knows that.

MR. BOONE-Well then, sir, I will ask you this, reading from the amendment "that no tax shall be imposed" disjunctively now. "Or license required," if that does not prohibit the imposition of any tax upon the manufacturer.

MR. SAMFORD-Have you a copy of that?

MR. BOONE-Yes, sir.

MR. SAMFORD-Will you give it to me?

MR. BOONE-Now don't that prohibit the imposition of any tax, as the gentleman from Lauderdale suggested, and also prohibit the imposition of any occupation or business tax?

MR. O'NEAL-I asked the question in perfect good faith, if that is not the provision-I don't think you intended it that way, but I think that is the legal meaning that it prohibits any privilege tax on corporations.

MR. SAMFORD-I will answer the gentleman's question by asking him another one: If we bring in an amendment here that will take off the tax on fertilizers, will the gentleman from Lauderdale support it, if it does not have the effect that you object to here?

MR. O'NEAL-I am opposed to taking the tax off any commodity. Let me state why.

MR. COLEMAN (Greene.)-Let me ask a question: If you can satisfy any lawyer here that that resolution will stand the test of the court, I would like to hear the argument. In support of your proposition just now that it did not prohibit an ad valorem or privilege tax. If I understand the meaning of words, that is what I think it does.

MR. O'NEAL-I understand the opposition to this tax on, fertilizer is because it is used entirely by the farmers of the State.

MR. SAMFORD-Paid entirely by the farmers of the State.

MR. O'NEAL-Does the gentleman advocate incorporating in the Constitution that taxation which is paid exclusively by any class of our citizens ought not to be levied?


1168

OFFICIAL PROCEEDINGS .

MR. SAMFORD-I do not, but I do advocate the principle that no tax should be levied for the ostensible purpose of being for the benefit of any particular class, and then after having filched it from the people in any such a style as that to apply to the support of other institutions.

MR. O'NEAL--That would be an argument which should be addressed to the legislature. It would be a very strong one and which I would support.

MR. SAMFORD-I will ask the gentleman from Lauderdale and the gentleman from Greene, in reply to their questions, if when the amendment of the gentlemen from Henry was up on yesterday limiting this matter to the fertilizers of this State, if they did not both vote against it?

MR. COLEMAN-You want me to answer?

MR. SAMFORD-Yes, sir.

MR. COLEMAN-On yesterday I voted upon a principle according to my convictions of what the Convention ought to do. This time I oppose the resolution because it is vicious in itself. My position is this, if we are to have a tax or prohibition of a tax, let us have it in the least objectionable form possible, but don't put that in the Constitution.

MR. SAMFORD-They have broken into the thread of my argument by bringing me at once to a direct consideration of the substitute offered by the gentleman from Jefferson which read : No tax shall be imposed, or license required, of the manufacturer or producer of any commodity or merchandise for selling or exchanging the same." The difficulty with the gentlemen who have made the arguments by their questioning has been, that in reading the substitute offered by the gentleman from Jefferson, they failed to go far enough. Now, I do say that this substitute would prohibit the levying of a tax on the sale of gas; it would prohibit the levying of a license or a tax on the sale of ice; it would prohibit the levying of a tax on the sale of cotton goods or cotton cloth; it would prohibit the levying of a license or other tax on the sale of manufactured iron, but it would not prohibit the levying of an ad valorem tax upon every dollar's worth of property that they have and also upon the corporations that do the manufacturing.

MR. WALKER (Madison)-Will the gentleman allow me to ask him a question?

MR. SAMFORD-Certainly.

MR. WALKER-Will it also prohibit the levying of a tax on dirks, bowie knives, pistols, etc.?

MR. SAMFORD-Upon the manufacturers.


1169

CONSTITUTIONAL CONVENTION, 1901

MR. WALKER-Yes, and by the dealers?

MR. SAMFORD-Yes, sir, it would do that.

MR. HOWZE-.-Would it prohibit the levying of a tax on sewing machines, etc.?

MR. SAMFORD-Yes, sir; and I would ask the gentleman, in reply to that, if it would limit it to the fertilizers of the State, would he vote for it?

MR. HOWZE----I would not.

MR. SAMFORD-Then the gentleman has no right to interrupt me, if he does it otherwise than for a good purpose-to the main issue.

MR. HOWZE-I would ask the further question if that would not, in effect, be a repeal of the statute providing for a license tax upon the sale of these identical articles by the manufacturers?

MR. SAMFORD-That it might do, but, Mr. President, the main question that has been before the Convention during the whole time, and the main argument the whole time, and the main arguments that have been advanced by all of the advocates of this measure, have applied to a limitation upon a tax upon fertilizers which were used by the farmers of this State, and if these gentlemen who are so anxious to avoid the iniquities of a resolution which they say will be vicious, then I ask them if they would vote for a motion to take the resolution of the gentleman from Henry from the table.

THE PRESIDENT-The gentleman's time has expired.

MR. SAMFORD-I desire to amend this resolution, Mr. President, by striking out "license."

THE PRESIDENT-The gentleman's time has expired.

MR. SAMFORD-I have a right to offer an amendment by striking out the word "license."

MR. O'NEAL-I rise to a point of order; it is an amendment to an amendment; you cannot amend an amendment.

MR. BROWNE-So long as the sole effect of the amendment offered by the gentleman from Jefferson to the section as reported by the committee, was to prohibit the levying of a tax upon fertilizers, I did not consider that it was my duty, as chairman of the Committee on Taxation, to take part in the discussion. But since the introduction of the substitute by the gentleman from Jefferson and which has been, by unanimous consent, adopted in place of his amendment, I deem it incumbent upon me to say a few words.


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A great many objections to the substitute have been shown by questions propounded to the gentleman from Pike. If that substitute is adopted, we have in one moment come to the single tax system of Henry George. No longer can we levy any tax upon manufactures. The manufacturers of any or all kinds of merchandise can establish agencies in every town or city in the State of Alabama and carry on their business without paying any tax whatever. The majority of the cities and towns of Alabama levy a tax upon the gross amount of sale; of merchandise. If you destroy that tax, you must at least double the rate of taxation in those cities and towns of Alabama. You must increase - the tax upon real estate. You must violate the pledge made by the Democratic State Convention that you would not raise the limit of taxation, because you would in towns and cities be forced to double that taxation. It would, in effect, destroy all license taxes save alone the exception that the substitute allows-a license tax upon liquor. It is a well known fact that a great part of the revenues of the cities and towns of Alabama is derived from license taxes on foreign manufacturers and foreign corporations. Under the provisions of this law, they would establish branch agencies throughout the State of Alabama, do the whole business of the State of Alabama and escape taxation. Now, as to the argument that the farmer pays this fertilizer tax. If it be true that the consumer ultimately pays all taxes, which I deny, then abolish the tax upon your banks, because the poor farmer when he borrows the money from the bank, must pay that tax. Abolish your license tax upon sewing machines, because that tax must ultimately be paid by the poor women of the country who buy the machines. Abolish every other license tax of that kind, because it ultimately comes out of the farmer, and then double the tax upon his produce and his land, and then go home and see if you receive his thanks. When you do abolish these taxes you must of necessity double the tax upon his property.

Mr. President, I, for one. regard the pledges made by the Democratic party in the last convention. There are three pledges in the platform pre-eminent above all others. One of them was that we should take no backward steps in matters of education. Another teas that we should not raise the limit of taxation.

MR. SAMFORD (Pike)-Is there any pledge in there that you should continue a tax upon one class only of your citizens for the purpose of running nine little agrictiltura1 schools?

MR. BROWNE-1 will answer the gentleman's question There is a pledge that you will take no backward step in the matter of education. There is another that we should decrease the limit of State taxation if possible. If you cut down this tax that you were not pledged to cut down-that was not an issue in the campaign-and thereby destroy these schools and leave it optional with future Legislatures, to re-establish them, you do violate the


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CONSTITUTIONAL CONVENTION, 1901

pledge that said you would take no backward step in matters of education. If, on the other hand, the substitute of the gentleman from Jefferson is adopted, you take away the enormous fund that is paid into the treasury of the State of Alabama from these license taxes, and you destroy our ability to comply with that pledge to reduce the limit of taxation if possible. If that substitute is adopted, you not only cannot reduce the limit of taxation, but you will have to increase it.

The substitute reads, "No tax shall he imposed or license required of the manufacturer or producer of any commodity or merchandise for selling or exchanging."

MR. COLEMAN-You stop just a little too soon. The first line is "No tax shall be levied or license required." and just below there is says, "No tax for inspection." If no tax can be levied, why put that "no tax for inspection?"

MR. BROWNE-If we are not allowed to collect a tax on a man's business of selling or exchanging manufactures foreign States could do all the business in the State by establishing branch agencies.

MR. SMITH (M. M.)-Are you willing to do a thing indirectly that you are not willing to do directly?

MR. BROWNE-I do not fully understand the import of the gentleman's question. If he will make it plainer, I will answer.

,MR. SMITH (M. M.)-Are you willing indirectly to levy a tax on the farmer when you are not -willing to come out directly and levy it on him?

MR. BROWNE-In 1882 I had the honor of being a member of the lower House of the Legislature. Mr. Hawkins was also a member. I had the misfortune of being on the wrong side of the question at that time. I fought the levy of this special tax and I recollect the argument made by the farmers in this House, at that time, that we lawyers would not admit that the farmers know what they wanted, that they wanted to tax themselves to establish this agricultural department. They did create it. They fixed the amount of tax on each ton of fertilizer and to this good day I have never heard a farmer complain of it except upon the floor of this Convention. And under that self-imposed tax has grown up in the State of Alabama a most magnificent system of what are termed agricultural schools. Call them local high schools, if you wish, but local high schools containing about 2,250 pupils from 53 counties of the State of Alabama and supported by a self-imposed tax upon fertilizers. And they are now sought to be destroyed by withdrawing from them their only means of support without proposing anything in lieu thereof except the uncertain support to be provided by some future legislature. If these agri-


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cultural schools or high schools are to be maintained, and if the legislature will not appropriate anything for the purpose, tell me how they can be supported? Is it not better to let this matter alone for future legislatures? They were established by legislatures, the fund was provided by legislation, and the tax levied by the legislature.

MR. ESPY-You say the farmers desired this tax four the purpose of establishing schools. Did they ask in addition to $25,000 that the schools get, that they should be taxed an additional sum of $50,000 to be paid into the general treasury for which they get no benefit except as the other people also get ?

MR. BROWNE-They fixed the rate at fifty cents a ton. And when the fund grew larger than was necessary to maintain the agricultural department in the interests of the agriculturalists of Alabama these schools were established. I have been told that at Sylacauga there are two hundred and seventy-five pupils and over two-thirds of them are the children of farmer parents. So I deny that the farmers ream no benefits from them.

MR. COBB-If there are any in this Convention who seek the floor to take care of their future political aspiration; or for any other purpose, except to aid the Convention in the discharge of the important and delicate duties devolving upon us, I and not of that number. Certainly- on this occasion I am prompted by the purest motives of duty. I think we have under consideration a most important matter, in the view I shall take of it. And in that view  I have not considered and do not propose to consider the merits of this contention. My desire simply is to again, as I have done before, enter a solemn protest against loading down the Constitution of the State of Alabama with matters which do not properly belong to it.

I have recently had my attention called to a criticism appearing in The North American Review which I will ask the clerk to read. It is a criticism upon the Constitutional Convention of South Carolina.

The clerk read the article as follows: "One of the most noticeable features of this Convention and its work is the want of knowledge shown of the proper sphere of a Constitution and of the difference between what should be put in the Constitution and what should be left for the legislature to enact as statutes. No one seems to have pointed out that a Constitution should contain only the great fundamental organic law, leaving the details of law-making to the legislature. The members of this Convention failed to grasp this principle, and, therefore, their work included too much mere law-making. It was even moved by one member that there shall be no session of the legislature this year but the Convention shall do this work in its place. It would have been


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CONSTITUTIONAL CONVENTION, 1901

but a step further for the Convention to continue on indefinitely in session and carry on the business of the State."

MR. COBB-I submit to members of this Convention if to an extent, this criticism does not apply to this Convention? When we consider the many and various propositions that have been made, propositions to confer upon the people of the State of Alabama power, propositions to permit the legislature to do this and to do that, I am very much inclined to the opinion that we may take that deliverance as a note of warning. I do not propose to repeat that argument which has been ably and repeatedly made upon this floor as to the true nature of a Constitution and the true functions which it should perform. Every intelligent plan understands that in accordance with the original theory of our republican institution,, the people of every State organized in a State is a political community having all power and whenever they propose to ordain an instrument or make a Constitution, they do it only four the purpose of putting limitations upon their own authority. And I go further, and say that in framing a State Constitution even these negatives should be limited in extent and in number. No restriction should be put upon the legislature of the State except in regard to those few matters in reference to which there is danger that the people themselves may be struck from their feet in times of unusual and great political excitement. That is the reason that we put into our State Constitution, if I may use the expression in this connection, limitations.

Now, what are we here for, why do we assemble here to make, or rather I should say, to amend the Constitution? We are here for certain great purposes. When we have accomplished these purposes, the people expect that we shall call a halt. None of your constituents dreamed that you would come here for the purpose of tearing to pieces the Constitution under which they have lived contentedly for so many years. None of them expected that you would arrogate to yourselves the superior power of telling them what their powers are and how these powers should be exercised. I want to repeat what I said on another occasion, that we are no more than the members of the Legislature, agents of the people, servants of the people, bearing a commission and that commission we are only authorized and required to perform and not beyond that. What is that commission I ask? We were sent here to determine as to the right of citizenship. We were sent here for the purpose of determining and writing in the fundamental law a limit upon the privileges of suffrage. We were sent here to write in the Constitution a stern and strong limitation upon the power of the Legislature to pass local and private laws and the people expected when we had performed these duties that we would adjourn and leave them through their other agents selected by their amenable to them, who would assemble together in the various Legislatures of the State to determine these other questions which have been thrust upon us from time to time. I had al-


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most said ad nauseam. They expected another thing. They expected that in thirty or forty days this work would have been accomplished and that we would have retired to our homes and submitted it to them for their consideration. That time has passed and we have scarcely begun the work and we are being criticised and justly criticised all over the State of Alabama for this unseemly delay. I was of those who stood opposed to any extreme measure looking to the limiting of debate. I was one of those who believed that we had better stay here a longer time than that limited to us by the Legislature, if need be paying our own expenses, in order that we might frame a fundamental law which would last through all the years, and which would secure to Alabama that peace, quiet, contentment and prosperity which we a great people and a great State are entitled to enjoy. But this delay and this trouble has come in every instance from the fact that members have thought it incumbent upon them to write into this fundamental law matters which hitherto had belonged to the Legislature of the State. I say it is time to call a halt. I am aware of the fact that in recent _years in the formation of State Constitutions there has been a departure from these old time land marks. I know that is true, but it is well worthy a consideration of this body of intelligent and cultured men whether the time has not come when we should go back a little to first principles and recall the time when republican governments were being organized on this continent that we might learn wisdom from the conduct of our fathers. Mr. President, every limitation upon the power of the Legislature beyond those things to which I have referred is a menace and an obstruction to the development of the resources of the State. They are matters which after awhile, as development takes place year after year, will hamper the people, will check the growth of our institutions and will in that way not only not be an aid but will be an obstruction that they must remove if they go forward in the great march of civilization. Let us consider who we are.

Alabama is one of the leading States of the American Union, confessedly so, Alabama is great in her wealth and great in her developed resources, great in the quality of her citizenship. She leads the sisterhood of States or will soon lead them. Now you call upon us to put right across the pathway of this great people obstructions to their growth, obstructions to the development of every matter which we are so proud to see from time to time being developed.

As suggested to me it is not part of our promise to undertake to remedy or repeal all unjust laws in Alabama by constitutional provisions. Leave that to the Legislature. But the cry is the Legislature will not act. Whenever the Legislature of Alabama refuses to act upon a matter brought to its attention and in which


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CONSTITUTIONAL CONVENTION, 1901

the people of the great State are interested, it is proof as strong as holy writ that they ought to refuse.

MR. SAMF0RD-1 will ask the gentleman if the people have not been applying to the Legislature for relief in the regulation of the railroads of the State a number of years and if, in his opinion, the refusal of the Legislature to give the relief is proof as strong as holy writ that they should have refused?

MR. COBB-If the people of Alabama were earnest in that behalf this legislation would have come long, long ago.

MR. SOLLIE-If the gentleman will permit me, I have conferred ,vith the author of the substitute and have his consent to Introduce this amendment to the substitute.

MR O'NEAL--I object.

MR. SOLLIE;-I will read it as a part of my question to the gentleman. "After January-"

MR. O'NEAL-I object.

THE PRESIDENT-Does the gentleman from bacon consent ?

MR. COBB-Yes.

Mr. Sollie read the amendment as follows: After January 1st, 1903, no license tax or fee for analyzing or inspecting any merchandise or commodity shall be imposed or collected in excess of an amount sufficient to pay for the reasonable cost of such analysis of inspection.

MR. COBB-I will not consent to that or any other amendment, because I am opposed to the whole thing. You may offer any amendment you please and the whole matter will meet with my stern and uncompromising opposition.

MR. BULGER-May I ask the gentleman a question?

MR. COBB-Yes, sir.

MR. BULGER-Don't you believe that a limitation upon the taxing power is a proper subject to go into the Constitution?

MR. COBB-I do.

MR. BULGER-Don't we do that and put a limit on the taxing power that the tag tax shall not exceed 10 cents on the ton, and is not that a limitation upon the taxing power?

MR. COBB-As suggested to me, and I think the suggestion is a good one, this is a prohibition upon all taxation. But if the gentleman has done me the honor to listen to my general remarks he would have understood my position here and that is that the


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OFFICIAL PROCEEDINGS

Constitution should be a limitation upon the power of the Legisla- ture in matters only that it is necessary that such limitation should be limited to a few great controlling matter.  The people are not  often swept away, though they are sometimes, by high political excitement, and never about all questions.  It is only with regard to certain great leading matters that we want even these limita- tions upon their power and then as time progresses, as the State develos, as it becomes apparently necessary that there should be additional limitations here and there, the people have it in their power to place them there by amendments to this instrument.

      Jefferson, the great apostle of Democracy, said time and time over again that whenever you cease to trust the people you might despair forever of Republican institutions upon this continent. That is the great Democratic idea.  And I say that the Legisla- ture is a part of the people, the agents of the people, and the idea is perfectly horrible to me that from time to time agents sent here directly from the people can be manipulated and purchased and influenced and lead away from the discharge of their duties. Yet there is a remedy.  The people will take care of these men  and it is said by my distinguished friend over there and some of the other gentlemen who pose here as special friends of the farmer, the poor farmers that are taxed to support the rich.  And who are  they?  They are the men who control the State of Alabama today. The farmers of the State of Alabama can elect every Legislature that assembles in these halls.  If they don't do it, having the power  in that behalf, how does it rest properly in their mouths to get up and say “Oh, our interests are not taken care of.”  The farmers of  this country are an intelligent class of men, a patriotic class of  men, a cultured class of men.  They know better than anybody else what their interests require and they know better than any class of men on earth how to put their hands upon their Representatives and force them to obey their wishes.

MR. CARMICHAEL (Coffee)-If we can afford to trust the Legislature in regard to this matter, why can't we trust them on  the limitation of the ad valorem tax here, why lower the tax rate  from 75 to 65?                MR. COBB-I don't know that we are going to lower it.  You are assuming something that may not happen.

MR. SAMFORD-Why limit it at all?            

MR.COBB-I have answered that twice.

MR. CARMICHAEL (Coffee)-Well, answer it again.

MR. COBB-That is one of the matters in regard to which there is always danger of the people carried away in times of unusual and great political excitement and themselves do some- thing to their own hurt.  That is the reason.


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CONSTITUTIONAL CONVENTION, 1901

MR. CARMICHAEL (Coffee)-They are not wise at that time?

MR. COBB-No, sir they are not.  The gentleman laughs-

MR. O'NEAL-Will the gentlemen permit a question?

MR. COBB-Hold on and let me through with this young man.  I am not an old man.  Sometimes I almost think I am one of the boys yet.  I know I like the boys.

MR.  WHITESIDE-I rise to inquire whether or not the gen- tlemen's time is out?

THE PRESIDENT-It lacks five minutes.

MR. COBB-Five minutes will do me.  I simply want to say to my worthy young friend-I don't know whether he is so very young himself-at all events, I have been knocked and cuffed and kicked about a great deal more in politics than he has yet, and I want to drop to him a vote of warning.  Take care what sort of record you are making here today in this Constitutional Conven- tion.

You may find that the people, whose interests you are de- claiming for here so eloquently and vigorously, any disagree with you when you get back home, and you may find it difficult to ex- plain away certain matters that may have engaged your attention and best efforts here during this service.  If we had done, and if we do, what I believe we ought to do, you will never be in any danger.  So fat as I am concerned.  I do not care.  I am a man of the people, and I like the people, and the people have honored me more, perhaps, than I deserve on many occasions, but I started here today to do my conscientious duty, in fear of no one and no men or set of men, and I will be approved by the very men whose  friends are here so vociferously talking about the poor farmer.

But my good friend here is very solicitous that I should quit. I expect he is on the other side.

MR. O'NEAL-The gentlemen from Pike asked you the question if it was not proper to incorporate n the Constitution a limitation on the power of taxation.  I will ask you if thus substi- tute is not an absolute prohibition of the power of the Legislature to tax the products of any corporation?

MR. COBB-That is what I think, but, as I said before, I am not stopping to consider the merits of this question.  I am pleading for higher things.  That is what I am alter. And now, Mr. President, I  think there ought to be a limitation upon talk in this hall, as well as a limitation upon other things, and I move to lay this whole matter on the table.

             MR. WHITE-On that I call for the ayes and noes.    


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OFFICIAL PROCEEDINGS

And the call was sustained.

MR. deGRAFFENREID-Will you have the amendment read ?

The substitute for the amendment, offered by Mr. White (Jefferson) was again read.

THE, PRESIDENT-The gentleman from Jefferson offered an amendment to Section 1 of the Article reported by the committee; thereupon the gentleman from Jefferson offered a substitute to his own amendment and asked unanimous consent to accept the substitute in lieu of the amendment. Unanimous consent was granted, hence the substitute stands in the place of the amendment, and the proposition is on an amendment to Section 1 of the Article reported by the Committee on Taxation. The gentleman from Macon moves to lay that amendment upon the table. Upon that the ayes and noes are called. As many as favor laying the amendment upon the table will vote aye, and those opposed will vote no, as your names are called.

During the call of the roll :

MR. CARMICHAEL (Colbert)-I am paired with the gentleman from Madison, Mr. Walker; if he was present, he would vote aye and I would vote no.

MR. CORNWALL-I am paired with Mr. Mulkey of Geneva. If he were present, he would vote no and I would vote aye.

MR. FITTS-I am paired with the gentleman from Elmore, Mr. Williams. If he were present, he would vote aye and I would vote no.

MR. HOWELL-In a word, I wish to explain my vote on this question.

To which objection was made.

MR. PARKER (Cullman)-Upon this issue I am paired with the delegate from Blount, Mr. Sloan. Were he present he would note no, and I vote aye.

MR. PORTER--I am paired with the gentleman from Jefferson, Mr. Weatherly. If he were here he would vote aye and I vote no.

MR. TAYLOE-I am paired with Mr. Beavers. If he were here he would vote no and I would vote aye.

MR. WHITE--I am paired with the delegate from Montgomery, Governor Jones. If he were present he would vote aye and I would vote no.

The vote, upon the call of the roll, resulted as follows :


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CONSTITUTIONAL CONVENTION, 1901

AYES.

Messrs. President,

Grant,

O'Neal, of Lauderdale,

Ashcraft,

Greer, of Perry, O'Neill (Jefferson),

Banks,

Harrison, Opp,

Barefield,

Hinson, Palmer,

Boone,

Hodges, Parker, of Elmore,

Brooks,

Hood, Pettus,

Browne,

Howell, Pillans,

Burnett,

Howze, Pitts,

Cardon,

Inge, Proctor,

Carnathon,

Jackson, Robinson,

Cobb,

Jenkins, Rogers, of Lowndes,

Coleman, of Greene,

Jones, of Wilcox, Sanders,

Coleman, of Walker,

King, Searcy,

Craig,

Kirk, Selheimer,

Cunningham,

Kyle, Sentell,

Davis, of Etowah,

Ledbetter, Smith, of Mobile,

Dent,

Leigh, Spragins,

Duke,

Lomax, Stewart,

Eley,

Long, of Walker, Waddell,

Eyster,

McMillan (Baldwin), Watts,

Ferguson,

Martin, Weakley,

Fletcher,

Merrill, Williams, of Barbour,

Foster,

Miller, of Wilcox, Williams, of Marengo,

Glover,

Norman, Wilson, of Clarke,

Graham, of Montgomery,

Norwood, Wilson, of Washington,

Graham, of Talladega,

Oates,  

Total-78.

NOES.

Bartlett,

Haley,

O'Rear,

Beddow,

Heflin, of Chambers,

Pearce,

Bethune,

Heflin, of Randolph,

Phillips,

Blackwell,

Henderson,

Reynolds (Henry),

Bulger,

Jones, of Bibb,

Rogers. of Sumter,

Burns,

Jones, of Hale,

Samford,

Byars,

Kirkland,

Sanford,

Carmichael, of Coffee,

 Knight,

Smith, Mac A.,

Case,

Long, of Butler,

Smith, Morgan M.,

Cofer,

MacDonald,

Sollie,

Davis, of DeKalb,

McMillan, of Wilcox

Sorrell,

de Graffenreid,

Malone,

Spears,

Espy,

Maxwell,

Studdard,

Foshee,

Miller, of Marengo,

Whiteside,

Freeman,

Moody,

Winn.

Gilmore,

Murphree,

Grayson,

NeSmith,

 

 

Total-49.


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ABSENT OR NOT VOTING.

Almon,

Lowe, of Jefferson,

Tayloe,

Altman,

Lowe, of Lawrence,

Thompson,

Beavers,

Morrisette,

Vaughan,

Carmichael, of Colbert,

Mulkey,

Walker,

Cornwall,

Parker, of Cullman,

Weatherly,

Fitts,

Porter,

White,

Greer, of Calhoun,

Reese,

Willet,

Handley,

Renfro,

Williams, of Elmore,

Jones, of Montgomery,

Reynolds, of Chilton,

Locklin,

Sloan,

 

 

Total-28.

MR. BROWNE-We have been four days on the first section of Article XI. I now move the previous question upon that section.

Upon a vote being taken the main question was ordered, and upon a further vote, a division was called for.

MR. SOLLIE-I vote aye for the purpose of moving to reconsider the vote.

MR. LONG (Walker)-I make the point of order the gentleman cannot vote aye on a viva voce vote.

MR. SOLLIE-I stand up as the Chair directed, and vote aye for the purpose of moving to reconsider.

THE PRESIDENT-In reference to the point of order made by the gentleman from Walker, the Chair is of the opinion that the point of order is not well taken. In Congress they have a rule that except upon a yea and nay vote, a reconsidertion cannot be moved. In other words that it. cannot be ascertained except by a yea and nay vote whether a roan voted in the affirmative or in the negative. But all the authorities upon general parliamentary law that the Chair has been able to examine, hold that any one who voted with the affirmative of the proposition may move to reconsider, and it is not limited to instances where the vote was taken by yeas and nays. The Chair preferred to make some statement upon that question, since it has been raised several times, and it has, therefore, been examined carefully.

MR. SOLLIE-Now I move the reconsideration, which I understand don't come up until tomorrow.

The Chair announced by a vote of seventy ayes and thirtythree noes, the section was adopted.

THE PRESIDENT-The Secretary will read the next section.

Section 2 was read as follows :

Sec. 2. No power to levy taxes shall be delegated to individuals or private corporations.


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CONSTITUTIONAL CONVENTION, 1901

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

Upon a vote being taken the section was adopted.

Section 3 was read as follows :

Sec. 3. After the ratification of this Constitution, no new debt shall be created against, or incurred by this State, or its authority, except to repel invasion or suppress insurrection, and then only icy a concurrence of two-thirds of the members of each House of the General Assembly, and the vote shall be taken by yeas and nays, and entered on the journals; and any act creating or incurring any new debt against this State, except as herein provided for, shall be absolutely void; provided, the Governor may be authorized to negotiate temporary loans, never to exceed $300,000 to meet the deficiencies in the Treasury; and until the same is paid, no new loan shall be negotiated; provided further, that this section shall not be so construed as to prevent the issuance of bonds for the purpose of refunding the State's existing bonded indebtedness.

MR. JENKINS-I move the adoption of that section.

MR. OATES-I intended to offer an amendment, and I believe it is now five o'clock--

THE PRESIDENT-The time for adjournment has not yet arrived. Does the gentleman withdraw the motion?

MR. JENKINS-For the purpose of considering the amendment, I withdraw my motion.

MR. OATES-I propose to offer an amendment, and desire that it be read, and I wish to be heard on it before any action is taken. The amendment will come at the close of the section, or wherever may he the most appropriate place in the latter part of the section.

The amendment was read as follows :

That the Legislature shall, at its first session after the ratification of this Constitution authorize the Governor of the State to cause to be issued (8,500,000) eight trillion, five hundred thousand dollars, face value of State bonds, to mature fifty years after the date and to bear not more than 4 per cent. per annum, payable semi-annually; and that eight million, four hundred and three thousand six hundred dollars ($8,403,000) of said bonds shall be used exclusively for the redemption by exchange or otherwise, for an equal amount face value of the Class A, Class B and Class C bonds of the State, which when thus redeemed shall be destroyed; and that the bonded debt of the State shall never in any event exceed nine million, five hundred thousand dollars.

Sec. 2. That it shall be the further duty of said Legislature, at its first session after the ratification of this Constitution, to


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OFFICIAL PROCEEDINGS        

authorize the Governor, Auditor and Treasurer of the State, to obtain by purchase, in the name of and for the use of the State Capitol, all of the square of land upon which the Capitol Building is situated south of said building to Washington Street, bounded west by Bainbridge and east by Union Street, provided, said property can be purchased at reasonable prices, but if not in the opinion of the Board, then the same shall be condemned on proceedings, to be instituted by said Board in the name and in behalf of the State, and to be had according to the provisions of Article I, Chapter 42, of the Code of 1896, which shall be applicable thereto.

Sec. 3. That all of the bonds in the first section hereinabove provided for, over and above the eight million, four hundred and three thousand six hundred dollars to be used in redemption or exchange for that amount of outstanding bonds Class A, Class B, and Class C to wit, $96,40?, shall be sold by the said Board. consisting of the Governor, Auditor and Treasurer, after due notice given by publication in at least three daily newspapers, to the highest and best bidder, which said bonds shall bear not more than three and a half per cent. per annum payable semi-annually, and which shall not be sold for less than their face value, and when so sold the proceeds shall be covered into the treasury, and shall be used by said Board to pay for the said lands on said square when purchased or condemned as aforesaid, and so much of the money, arising from the sale of such bonds as may be necessary to permanently improve the Capitol Building and to pay for the private property on said square purchased or condemned as aforesaid may be used for such purposes.

Before the reading was concluded the hour of adjournment arrived. By unanimous consent the reading was concluded, and thereupon the Convention adjourned.    

_______

CORRECTIONS.

The point of order made by Mr. Pettus should read :

MR. PETTUS-The gentleman from Walker moves to table both amendments, and the Chair has repeatedly held that was a matter in the discretion of the gentleman making the motion, and a call for a division is not in order.

PRESIDENT PRO TEM-The Chair so rules.

On fourth page, just above roll call, the announcement of a pair with Mr. Hinson was made by Mr. Carmichael (Colbert) instead of Mr. Carmichael (Coffee).

The call for a division on the motion to table the amendment and amendment to the amendment to Section 1 of Report of Committee on Taxation, just before roll call on page 4 of proceedings,


1183

CONSTITUTIONAL CONVENTION, 1901

was made by Mr. Whiteside, and not lay Mr. Parker (Elmore), to whom it was attributed.

In proceedings of 25th inst. sentence right is right and God is God, by Mr. Heflin (Chambers) should be right is right as God is God.

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