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SIXTH DAY
______

 

                                                                                                                          MONTGOMERY, ALA.,
                                                                                                                          May 28, 1901.

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


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     O Lord God, Almighty, Thou who dost watch over us and care for us, we come to Thee at the beginning of the labors of another day to seek Thy blessing and we pray Thee that as Thou hast caused the sun to rise and chase away the darkness of the night that Thou wouldst cause to shine into all our hearts the knowledge of the light and glory of God as it shines in the face of Jesus Christ. We pray Thee to send Thy blessings upon the hearts of Thy servants assembled here to conduct the business to which they have been by Thy Providence called. May every member of this Constitutional Convention feel that the voice of God, and we pray Thee that they may seek to discharge the high and solemn obligations of their office in the fear of God. May they put aside from them all self-seeking and all personal interests and may they discharge the functions of their high calling with a sense of their duty to their fellow man and their duty to the country and their God and we pray Thee as Thou wouldst give to them to feel the burden and responsibility of these great problems that Thou wouldst give to them also to feel their dependence upon the guidance of Almighty God. For these things we ask and for the pardon of our sins, through Jesus Christ, our Lord, Amen.

     The roll was called and showed the presence of 130 delegates.

     THE PRESIDENT-The first business is the report of the Committee on Journal.

     MR. deGRAFFENREID-Before that is taken up, I desire to ask leave of absence for today and tomorrow for Mr. J. J. King of Marengo County.

     The leave was granted.

     MR. OATES-Mr. President, I desire to ask leave of absence for Mr. Pitts until Friday.

     The leave was granted.

     MR. SAMFORD (Pike)-I desire to ask leave of absence for Mr. Pettus of Limestone, for today.

     The leave was granted.

     MR. SOLLIE-I wish to ask leave of absence for myself for tomorrow and the next day.

     The leave was granted.

     MR. OATES-I desire to ask leave of absence for the delegate from Barbour, Mr. Dent, for today, tomorrow and the next day.

     The leave was granted.

     MR. ROGERS (Sumter)-I desire to ask indefinite leave of absence for Mr. Jones of Hale, who is called home on account of sickness.


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     The leave was granted.

     MR. MORRISETTE-Yesterday I respectfully asked permission, and it was granted lay the House, for Mr. Pierce and Mr. Haley. I notice the stenographic report does not include these gentlemen.

     THE PRESIDENT-The Journal shows that leave was granted.

     MR. WATT-I desire to ask leave of absence for today and tomorrow for Mr. Reynolds of Chilton, and for myself for tomorrow and Saturday.

     The leave was granted.

     MR. GREER (Calhoun)-I desire to ask leave of absence for today for Mr. Long of Butler.

     The leave was granted.

     DELEGATE FROM LIMESTONE-I desire to ask leave of absence for today for Mr. Pettus of Limestone.

     THE PRESIDENT-Leave has already been granted.

     MR. REESE-I desire to ask leave of absence for today for Mr. Craig of Dallas.

     The leave was granted.

     The President called for the reading of the report of the Committee on Journal.

     MR. BULGER-I see on the last line of the second page of the stenographic report that it makes it appear that the resolution on education, offered by me on yesterday, was referred by the President of the Convention to the Committee on Taxation, which I am sure, is a mistake. My recollection is clear that the resolution was referred to the Committee on Education.

     THE PRESIDENT-The gentleman is correct. The journal shows it was referred to the Committee on Education.

     MR. WADDELL-I asked leave of absence yesterday. 'The stenographic report fails to show it.

     THE PRESIDENT-The journal shows leave was granted. The next thing in order is the report of the Committee on Journal.

     MR. CARMICHAEL (Colbert) -Before making the report, I wish to call the attention of the convention to Rule 50, which requires that all proposed ordinances be written on entire sheets of paper. Unless this rule is observed, it will be impossible for the Secretary to properly endorse and copy these papers.


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     THE PRESIDENT-The chairman of the committee will send up the report of the Committee on Journal.

     The report was read stating that the journal was found to be correct, and, on motion, the report was adopted.

     MR. EYSTER-On yesterday I asked and obtained leave of absence for Mr. Parker of Cullman.

     THE PRESIDENT-The chair is of the opinion, unless dispensed with by some motion, that the next order of business would be the reading of the journal.      

     MR. deGRAFFENREID-I move that the reading of the journal be dispensed with, and that is be referred to the Committee on Journal.

     MR. JONES-What is the use of leaving it to the Committee on Journal when they have reported that it is correct?

     THE PRESIDENT-The reading should be dispensed with by a motion, then.

     MR. OATES-I rise to say that I think it is very bad practice to dispense with the reading of the journal, but in this case we have a Committee on Journal, and, for that reason, I don't see the necessity of reading it.

     THE PRESIDENT-The gentleman from Hale moves that the reading of the journal be dispensed with.

     MR. BEDDOW-I think that the journal of the proceedings of the convention should be read every morning. Of course, where the journal is encumbered by matters like the Committee on Rules yesterday, that should be dispensed with, but when we argue and vote upon questions of importance, questions upon which we are put on record, I think the journal should be read. The reading of the journal that we have had so far shows the necessity for the reading, because if the journal had been permitted to remain as it was the first day, this convention would have been put in the attitude of voting against opening this convention with prayer, and I hope the convention won't adopt that motion, because I think it is of great importance that the journal should be read every morning, and I move to lay that motion on the table.

     Vote being taken, the motion to lay it on the table was lost on a division vote: 46 yeas and 60 noes. And a further vote being taken, the motion to dispense with the reading of the journal was carried.

     MR. REESE-On the fourth day of this session this Convention made an order b y the adoption of the report on stenographic work requiring a complete stenographic report of all the proceedings of this Convention. I observe that the prayers that have been


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made in behalf of this Convention, have been left out of this report. It strikes me it is contrary to the order that the House made and that the prayers of all the proceedings should be embodied in the report.

     THE PRESIDENT-The Chair will direct the stenographer hereafter to include the entire proceedings. The next order of business is the call of the roll in alphabetical order for the introduction of resolution, memorials, petitions and ordinances and their proper reference.

     MR. HODGSON-I offer an ordinance.

     The ordinance was read as follows:

     Ordinance No. 6, by Mr. Hodges

     Be it ordained that Section 2 Article 11 of the Constitution be and is hereby amended so as to read as follows:

     Section 2. No power to levy taxes shall be delegated to individuals or private corporations; Provided, that the General Assembly may confer upon the trustees of the separate school districts or townships, the power to call an election for each such district or township at which election the qualified electors shall determine by ballot whether a special tax of not more than one-fourth of one per cent shall be levied upon the taxable property of such district or township; Provided, further, that all taxes so levied and raised shall be applied exclusively to the education of the children of legal school age residing within such district or township. Provided, further, that no resident of such district or township shall be allowed to vote in such election unless he shall pay taxes on real and personal property to the amount of five hundred dollars.

     Referred to Committee on Education.

     MR. HOWELL-I offer a resolution.

     The resolution was read as follows:

     By Mr. Howell-

     Resolved, That the daily session of this convention shall begin at 10 o'clock a. m., and adjourn at will.

     This resolution was referred to the Committee on Rules.

     An ordinance by Mr. Howell was read as follows:

     Ordinance No. 7, by Mr. Howell.

     To amend Section two, Article two of the Constitution of Alabama relative to the area of counties.


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     Be it ordained by the People of Alabama, in convention assembled, That Section two of Article two of the Constitution be amended so as to read as follows:

     Sec. 2. The boundaries of the several counties of this State as heretofore established by law are hereby ratified and confirmed. The General Assembly may, by a majority of all the members of both houses thereof arrange and designate boundaries for the several counties of this State, which boundaries shall not be altered, except by a like vote, but no new county or counties shall be hereafter formed of less extent than four hundred square miles, and no new county shall be formed which does not contain a sufficient number of inhabitants to entitle it to one representative under the ratio of representation existing at the time of its formation, and leave the county or counties from which it is taken with the required number of inhabitants, entitling such county or counties
to separate representation.

     Referred to the Committee on State and County Boundaries.

     MR. HOWZE--I offer a resolution.

     Resolution offered by Mr. Howze was read as follows:

     THE PRESIDENT-The Secretary will read the resolution, but the Chair feels it his duty to call the attention of the gentleman to the fact that it is contrary to the rules of the house because it is not written on an entire sheet of paper. I hope members will observe this rule as it greatly facilitates the transaction of business.

     MR. HOWZE--I did not think of the rule because we only had the rule yesterday.

     The ordinance was read as follows:

     Be it ordained by the people of Alabama in Convention assembled, That the Governor may veto any part or parts of any appropriation bill, and approve part of the same and the portion approved shall be law.

     Be it ordained, by the people of Alabama in Convention assembled, That the salary or fees of any public officer shall not be increased during his term of office.

     Referred to Committee on Amending the Constitution and Miscellaneous Provisions.

     MR. HOWZE--I offer another ordinance.

     The ordinance was read as follows:

     Be it ordained by the people of Alabama, in Convention assembled, That there shall be a Lieutenant Governor of this State, who shall be elected at the same time, in the same manner and


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for the same term, and who shall possess the same qualifications as required of the Governor.

     Be it further ordained, That the Lieutenant-Governor shall by virtue of his office, be President of the Senate. In committee of the whole he may debate all questions, and when there is an equal division in the Senate, or on a joint vote of both houses, he shall give the casting vote.

     Be it further ordained, That the Lieutenant-Governor shall receive for his services the same compensation as the Speaker of the House of Representatives, except when discharging the duties of Governor, he shall receive compensation as such.

     Referred to the Committee on Executive Department.

     MR. JONES (Montgomery)-I offer an ordinance.

     The ordinance was read as follows:

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

ARTICLE---

Suffrages and Elections.

     Section 1. That every male citizen of the United States, and every male person of foreign birth, who may have legally declared his intention to become a citizen of the United States before he offers to vote, who is twenty-one years old or upwards, who is not prohibited by Section 2 of this Article from registering, voting or holding office, shall be an elector and entitled to vote at any election by the people if such elector.

     (1) Shall be duly registered, when registration is required, and shall have resided in the State at least one year, in the county six months, and in the precinct or ward, three months, immediately preceding the election at which he offers to vote, and possess either of the following qualifications:

     (2) And shall have paid to the Probate Judge of the county in which he resides, on or before the 15th day of January, A. D., 1902 and not later than the 15th day of January in each succeeding year, the sum of four dollars as a contribution to the State, to be used exclusively for the support of the public schools. Payment made at a latter time in any year shall not qualify the elector; but where payments is not made within the prescribed time in one year, the elector may qualify under this clause in any succeeding year, on or before the 15th day of January, by paying four dollars for the year 1902, and a like sum for each year thereafter.

     (3) Or, shall have paid, in the year preceding the year in which he offers to vote, State and county or municipal taxes to the amount of five dollars or upwards, on real or personal property, situated in this State, and


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owned and duly listed by him for taxation, and shall not be in arrears to the State or county for taxes for any prior year.

     (4) Or, shall have honorably served in the land or naval forces of the United States in foreign wars, or in the land or naval forces of the United States or of the Confederate States or of the State of Alabama in the war between the States.

     (5) Or, shall have been admitted to the electorate by the vote of the qualified electors of the county in which he resides as hereinafter provided. The grand jury at each regular term of Circuit Court in any county in their address or report to the court, may recommend the admission to the electorate of such persons complying with the regulations of Clause 1 of this section, and not disqualified under Section 2 of this Article, as in the opinion of the grand jury, in view of the character of such persons, deserve the privilege of suffrage, although they cannot qualify under the other clauses of this section. Such recommendation shall be recorded upon the minutes of the court and copy thereof, certified by the clerk, under his official seal, shall be delivered to the Governor, who shall thereupon issue his writ of election directed to the sheriff of the county, commanding him to hold an election in said county, not more than thirty days nor less than sixty days after the receipt of the certified copy of such recommendation of the grand jury, to determine which of such persons so recommended in lieu of whom shall be named in the writ, shall be admitted to the electorate. Such election shall be held and conducted and the returns thereof made, and the result estimated and declared as is now or may hereafter be, provided by law, so far as not in conflict with this article, and the Board of Supervisors of the County shall, within ten days after the receipt of the returns estimate and count the vote and declare the result and certify the same under the hands of its members to the Probate judge of the County giving therein the names of such persons as have been admitted to the electorate by the vote of the majority of the qualified electors of the County voting at such election, and the Probate judge shall record the same in a book to be kept in his office for that purpose, and such persons shall be qualified electors so long as they comply with the first clause of this section, and do not come under the disqualification of Section 2 of this Article: Provided, that the number of
persons admitted to the electorate by the voters of the County in any one year, shall not exceed 10 per cent of the male population of the County over 21 years of age as shown by the last census of the United States.

     Sec. 2. The following classes shall not be permitted to vote, register or hold office:

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

     (2) Any person who shall hereafter be guilty and being convicted of selling his own vote, or of buying or bartering the vote of another, in any legal election, or in any primary, caucus or convention, held to nominate persons for public office, or to elect delegates to any political convention, or who shall make, or aid in making any false count, certificate or return, as to


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the result of such legal election, primary, caucus or convention, or who shall hereafter carry concealed weapons, and be duly convicted thereof.

     (3) Those who are idiots or insane.

     Sec. 3. After the year 1903, the General Assembly may provide, in addition to the qualifications prescribed in this article, an educational qualification for electors, except as to the class of voters named in clauses 4 and 5 of Section 1 of this article.

     If an educational qualification is required, the officers or persons entrusted with the duty of passing upon the qualification of voters thereunder shall not determine the matter finally; but the persons desiring the privilege of voting, shall have an appeal as a matter of right, to the Circuit or City Court of the County, with a jury to pass upon questions of fact and from the judgment therein rendered shall have an appeal to the Supreme Court, which shall try the case de novo on the record both as to the matters of law and fact. All such appeals shall be preferred cases, and if the number of appeals is such in the Circuit or City Courts, that in the opinion of the Governor, they cannot be speedily tried, he is authorized and empowered to appoint a special judge or judges not exceeding four in number, who shall be commissioned for the term of one year, and shall be paid such compensation as the General Assembly may prescribe; and such judge or judges shall have authority and jurisdiction to sit as judges of the Circuit or City Court as the case may be, for the trial of appeals under this section-and if the number of appeals under this section to the Supreme Court, is such that in its opinion, the same cannot be speedily determined, the Governor upon the certificate of that fact from the Supreme Court, shall appoint and commission such number of special judges as the Supreme Court may advise who shall be commissioned for the term of one year who shall receive such compensation as may be provided by law, and shall sit with said Supreme Court as judges thereof in the trial and decision of said appeals.

     Sec. 4. All elections by the people shall be by ballot, and all elections by persons in a representative capacity shall be viva voce. Whenever any caucus or conference shall be held by persons who can vote in a representative capacity to determine for whom they shall vote in any legal election or appointment by them, such election or appointment, shall be avoided on quo warranto proceedings, on proof that at such caucus or conference the appointment or election was determined by secret ballot.

     Sec. 5. Electors shall in all cases except treason or felony or breach of the peace be privileged from arrest during their attendance at elections or while going or returning therefrom.

     Sec. 6. The General Assembly shall pass all laws not inconsistent with this constitution, to regulate and govern elections in this State and all such laws shall be uniform throughout the State. The General Assembly shall by law provide for the registration of electors throughout the State, not earlier than the 15th day of February 1902 to be completed by the first day of July, 1902, except as to such persons as become of age after that time, and those who may have been prevented by sickness or absence from the


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State from registering at the time appointed by law; and shall provide for the future registration from time to time, of all persons who may be entitled to register, and no person shall vote in any State or county election, unless he shall have registered as required by law.

     Sec. 7. It is the duty of the General Assembly to pass adequate laws to guard against the evils arising from the use of intoxicating liquors at elections and the carrying of concealed weapons thereat.

     Sec. 8. Each political party which has made nominations of persons to be voted for at any election may, under such regulations as may be prescribed by law, recommend a qualified elector to act as manager or inspector at such election and it shall be the duty of the officers invested by law with the authority to appoint managers, to appoint the persons so recommended as inspectors or managers of elections; and upon willful failure to do so, shall forfeit their offices. If there are more than three parties making nominations, then the officers shall appoint the three persons recommended by the three parties which cast the three highest votes at the last State election. Each party nominating candidates to be voted for at an election, shall have the right to appoint one watcher, to be present at each voting
place, and witness the holding of the election, counting the ballots, and the making of the returns. The selection of such watchers shall be certified by the Executive Committee of the county for such party or other authority deputed by such political party to the probate judge in each county, who shall notify the managers of the names of such watchers; and any person having knowledge that the person has been so selected as a watcher who shall willfully refuse to allow such watcher to be within the voting place and witness the holding of the election, counting the ballots and making the returns or who unlawfully interferes with a watcher while so engaged, shall be guilty of a misdemeanor and on conviction shall be fined in the discretion of the court trying the case not less than five hundred nor more than one
thousand dollars and may also be imprisoned in the county jail for not exceeding six months.

     Sec. 9. Any person betting on the result of any legal election in this State or on the result of any primary election or convention, held to make nominations for public office or to select delegates to a political convention, shall forfeit to the State of Alabama the sum of $200, to be recovered by an action in the name of the State of Alabama, one half to go to the informer and the other half to the common school fund.

     Sec. 10. No person shall vote at any primary election in any precinct or voting place, who will not be a qualified elector to vote in such precinct or voting place for the nominees of such primary at the time of the legal election; and, any person so voting at any primary election shall be guilty of a misdemeanor, and on conviction shall be fined in the discretion of the court trying the case not less than $200 or more than $500, and may also be imprisoned in the county jail not exceeding sixty days. Any person who knowingly and wilfully votes at any legal election, when he is not a qualified elector entitled to vote thereat, shall be guilty of a felony and on conviction shall be punishable by imprisonment in the penitentiary for one year.


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     Sec. 11. Any person buying or selling, or bartering for a vote or votes, or who knowingly aids or abets such purchase, sale or barter, at a legal election, shall be guilty of a felony, and on conviction shall be imprisoned in the penitentiary for one year. Any person buying or selling a vote or votes or bartering for a vote or votes, or who aids in so doing in any primary election, or in a caucus or political convention, shall be guilty of a misdemeanor, and on conviction thereof, shall be fined not less than $100 nor more than $500, and may also in the discretion of the court be sentenced to imprisonment in the county jail for not more than six months.

     Sec. 12. Any officer of this State or manager or officer holding an election or any returning officer or any member of any Board of Supervisors who shall wilfully, and without lawful excuse, refuse or fail to perform any duty enjoined upon them by law in reference to elections shall be fined not less than $250 nor more than $500, and may also in the discretion of the court trying the case be imprisoned in the county jail for not less than three months nor more than twelve months.

     Sec. 13. At any general election for members of the General Assembly which will be called upon to choose a Senator in the Congress of the United States, either because of a vacancy in the office, or the expiration of the term of a Senator there shall be opened a poll in each precinct for the expression of the choice of the qualified electors for Senator, and votes so cast shall be counted, estimated and returned and declared in all respects as votes cast for Governor.

     Referred to the Committee on Suffrage and Election.

     MR. JONES (Montgomery)-I offer another ordinance.

     The ordinance was read as follows:

ORDINANCE

     To amend Section 1 of Article VII of the Constitution by striking out the words "habitual drunkenness" and inserting in lieu thereof the following words, to wit: Drunkenness, or intemperance in the use of intoxicating liquors or narcotics to such an extent as to unfit the officer for the discharge of his duties, or degrade him in the public estimation, which shall be a question of fact in each case to be determined by the court, or jury, under the instructions of the court, in cases where there is a right to trial by jury, in view of the dignity of the office and the importance of its duties.

     THE PRESIDENT-I have no copy of the Constitution before me, and I don't know what part of the Constitution you refer to.

     MR. JONES (Montgomery)-Section 7, under Impeachment.

     THE PRESIDENT-The ordinance will be referred to the Committee on Impeachments. The Secretary will please furnish the chair with a Code or copy of Constitution.


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     MR. KIRK-I offer an ordinance.

     The ordinance was read as follows:

AN ORDINANCE

     To amend Section 5 of Article V of the Constitution so as to read as follows:

     The Governor, Secretary of State, State Treasurer, State Auditor and Attorney-General shall, after the election in 1902, hold their respective offices for a term of four years, from the time of their installation in office and until their successors shall be elected and qualified, and they shall be ineligible to succeed themselves, and shall not be eligible to any office in the State until two years after the expiration of their term of office.

     Referred to the Committee on Executive Department.

     MR. KIRK-I offer another ordinance.

     The ordinance was read as follows:

AN ORDINANCE

     To amend Sections 5, 6, 18 and 23, and add Section 29 to Article VI of the present Constitution, relating to the judiciary.

     Section 6 shall be amended to read as follows:

     The Circuit Court shall be held in each county in the State at least twice in every year, and whenever there is a case standing for trial on the docket of any of the counties which the Circuit judge for such county in incompetent to try, he shall exchange circuits with some other Circuit judge until such cases are disposed of; provided, the judges of said courts may exchange circuits with each other for other reasons, and in such manner as may be provided by law.

     Section 5 shall be amended to read as follows:

     The Circuit Court shall have original jurisdiction in all matters, civil and criminal, within the State, not otherwise excepted in this Constitution, but in civil cases only where the matter or sum in controversy exceeds one hundred dollars; provided, that the judges of the several Circuit Courts shall have power to issue writs of injunction returnable into courts of chancery.

     Section 18 shall be amended to read as follows:

     If, in any case, civil or criminal, pending in any circuit, chancery or city court in this State, the presiding judge or chancellor shall, for any legal cause, be incompetent to try, bear or render judgment in such cause, the parties, or their attorneys of record, if it be a civil case, or the solicitor or other prosecuting officer, and the defendant or defendants, if it be a criminal case, may agree upon some disinterested person practicing in the court and learned in the law, to act as special judge or chancellor to sit as a court to hear,


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decide and render judgment in the same manner and to the same effect as the judge of the circuit or city court or chancellor sitting as a court might do in such case.

     Section 23 shall be amended to read as follows:

     Clerks of the Circuit Courts shall be elected by the qualified electors in each county for a term of six years. Vacancies in such office shall be filled by the Circuit judge for the unexpired term.

     Section 29 shall be added to read as follows:

     All causes that may be brought in the Circuit Court, whereof the Chacery Court has exclusive jurisdiction, shall be transferred to the Chancery Court, and all causes that may be brought in the Chancery Court whereof the Circuit Court has exclusive jurisdiction, shall be transferred to the Chancery Court.

     Referred to Judiciary Committee.

     By Mr. Kirkland:

     Be it ordained that all officers hereafter elected by the people of the State of Alabama, both State and County, shall be elected at one and the same time, for a period of four years from the time of their election and until their successors are elected and qualified, provided that no officer so elected shall be ligible to succeed himself as such officer.

     Referred to Committee on Executive.

     By Mr. Kirkland:

     Be it ordained by this Convention: That the Exemption Laws of the State of Alabama, as now expressed in Article 10 of the Constitution of 1875 shall be and remain the same as therein expressed, provided that the area of a homestead in the country shall embrace one hundred and sixty acres and no more.

     Referred to Committee on Exemptions.

     By Mr. Lomax:

     Ordinance No. 18.

     MR. LOMAX-I will state to the convention that that is merely a readoption of the present Constitution with reference to the municipal taxation, with the Birmingham amendment added, and it might save time to dispense with the reading of it. Unless some gentleman objects we might dispense with it. There are several provisions of our present Constitution the readoption of which was demanded by the State platform of our party.

     A reading was called for and it was read as follows:


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     An ordinance limiting the power of the General Assembly as to local or special Legislation.

     Be it ordained by the people of the State of Alabama in Convention assembled, That the General Assembly shall not pass local or special laws in any of the following enumerated cases, or concerning any of the following subjects, that is to say:

     First-Regulating the jurisdiction and duties of Justices of the Peace and of Constables.

     Second-For the punishment of crimes and misdemeanors.

     Third-Remitting fines, penalties or forfeitures.

     Fourth-Providing for changing the venue in civil or criminal actions.

     Fifth-Granting divorces.

     Sixth-Changing the names of persons or places, or water course.

     Seventh-Authorizing the laying out, opening, altering, maintaining, or vacating roads, highways, streets, alleys, town plats, parks, cemeteries, grave yards, or public grounds not owned by the State.

     Eighth-Regulating or authorizing the levy, the assessment or the collection of taxes, or to give any indulgence or discharge to any assessor or collector of taxes or his sureties.

     Ninth-Providing for conducting elections, or designating places of voting, or changing the boundaries of wards, precincts or districts, except on the organization of new counties.

     Tenth-Affecting estates of deceased persons, minors, cestuis que trust or other persons under legal disabilities.

     Eleventh-Extending the time for the collection of taxes.

     Twelfth-Giving effect to invalid deeds, wills, or other instruments.

     Thirteenth-Refunding money legally paid into the State Treasury.

     Fourteenth-Releasing or extinguishing in whole or in part the indebtedness, liabilities or obligations of any corporation or person to this State, or to any municipal corporation therein.

     Fifteenth-Declaring any person of age or authorizing any minor to sell, lease, or to incumber his or her property, or do acts allowed only to adults not under disabilities.

     Sixteenth-Legalizing, except as against the State, the unauthorized or invalid act of any officer or public agent of this State or of any city, County or municipality thereof.

     Seventeenth-Granting to any corporation, association or individual any special or exclusive right, privilege or immunity.

     Eighteenth-Exempting property from taxation.


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     Nineteenth-Locating or changing county seats.

     Twentieth-Restoring to citizenship persons convicted of infamous crimes.

     Twenty-first-Regulating the rate of interest on money.

     Twenty-second-Authorizing the creation, extension, enforcement, release or impairing of aliens.

     Twenty-third-To regulate fencing.

     Twenty-fourth-Changing the law of descent or distribution.

     Twenty-fifth-Authorizing the adoption or legitimation of children.

     Twenty-sixth-To regulate limitation of civil or criminal actions.

     Twenty-seventh-To provide for the protection of game animals, birds and fish.

     Twenty-eighth-To create, increase or decrease the salary of any public officers or to authorize officers to appoint deputies.

     Twenty-ninth-To grant a charter to any corporation or to amend the charter of any existing corporation unless the same cannot be secured under the general law; to license companies or persons to work or operate ferries, bridges, roads of turn pikes; to declare streams navigable, and to authorize the construction of booms or dams therein, or to remove obstruction therefrom.

     Thirtieth-To regulate the running at large of stock.

     Thirty-first-To provide a means of taking the sense of the people of any city, town, precinct, district or county, whether they wish to authorize, regulate or prohibit therein the sale or disposition of vinous, spirituous or malt liquors, or altering the liquor laws.

     Thirty-second-In all other cases where a general law can be made applicable, no special or local law shall be enacted.

     The General Assembly shall not indirectly enact any special or local act by the repealing part of a general act, or by exempting from the operation of a general act any city, town, village, district, precinct or county; but laws repealing local or special acts may be enacted. No law shall be enacted granting powers or privileges in any case where the granting of such powers or privileges shall have been provided for by a general law nor where the courts have jurisdiction to grant the same or to give the relief asked for. No law, except such as relates to the sale, loan or gift of vinous, spirituous or malt liquors, bridges, turnpikes, or other public roads, public buildings or improvement, fencing, running at large of stock, matters pertaining to common schools, paupers, and the regulation by counties, cities, towns, or other municipalities of their local affairs, shall be enacted to take effect upon the approval of any other authority than the Governor or General Assembly unless otherwise expressly provided in this Constitution.


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     Referred to Committee on Legislative Departments.

     By Mr. Lomax (Montgomery)

An Ordinance to limit the power of political or municipal corporations, to incur debts or issue bonds.

     Be it ordained by the people of the State of Alabama, in Convention assembled, that,

     No political or municipal corporation in this State shall ever become indebted in any manner or for any purpose (including indebtedness for street improvements to be paid out of the general funds) to an amount in the aggregate exceeding ten (10) per centum on the value of the taxable property within such corporation, to be ascertained by the last assessment for State and County taxes previous to the incurring of such indebtedness; and all bonds or obligations, in excess of such amount, given by such corporation, shall be void: Provided, That in time of war, foreign invasion or other great public calamity, on petition of a majority of the property owners, in number and value, within the limits of such corporation, the public authorities in their discretion may incur obligations necessary for the public protection and defense to such an amount as may be requested in such petition.

     Referred to Committee on Municipal Corporations.

     By Mr. Lomax:

Ordinance No. 19.

AN ORDINANCE

To re-adopt Section 7 of Article 11 of the present Constitution as amended in reference to taxation by cities, towns and municipal corporations.

     Be it ordained by the people of the State of Alabama in Convention assembled that no city, town, or other municipal corporation, other than provided for in this article shall levy or collect a larger rate of taxation in any one year a larger rate of taxation in any one year on the property thereof, than one half of one per centum of the value of such property as assessed by the State taxation during the preceding year; provided, that for the payment of debts existing on the sixth day of December, 1875, and the interest thereon, an additional rate of one per centum may be collected, to be applied exclusively to such indebtedness; and provided, this section shall not apply to the city of Mobile, which city may levy a tax not to exceed the rate of three-fourths of one per centum to pay expenses of the city government, and may also levy a tax not to exceed the rate of three-fourths of one per cent to pay the indebtedness of said city, existing on the sixth day of December, 1875, and the interest thereon.

     And provided further, that this section shall not apply to the city of Birmingham, which city may levy and collect a tax not to exceed one half of one per centum in addition to the tax of one half of one per centum as hereinabove allowed to be levied and collected, such special tax to be applied exclusively to the payment of interest on the bonds of the city of


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Birmingham heretofore issued in pursuance of law, and for a sinking fund to pay off said bonds at the maturity thereof.

     Referred to Committee on Municipal Corporations.

     By Mr. Lomax:

Ordinance No. 20:

An Ordinance to re-adopt with certain changes therein set out, certain sections of the present Constitution in reference to taxation, said sections being part of Article 11 of the present Constitution.

     Be it ordained by the people of the State of Alabama in Convention assembled, That,

Article; Taxation

     Section 1. All taxes levied on property in this State shall be assessed in exact proportion to the value of such property; Provided, however, the General Assembly may levy a poll tax, not to exceed ------- dollars on each poll, which shall be applied exclusively in aid of the public school fund in the county so paying the same.

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

     Sec. 3. After the ratification of this Constitution, no debt shall be created against, or incurred by this State, or its authority, except to repel invasion or to suppress insurrection, and then only by a concurrence of two-thirds of the members of each House of the General Assembly, and the vote shall be taken by the yeas and nays and entered on the Journal; 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 $100,000, to meet deficiencies in the Treasury; and until the same is paid, no new loan shall be negotiated; Provided, further, that this Section shall not be construed as to prevent the issuance of bonds in adjustment of existing State indebtedness, nor to the funding of any bonds or other indebtedness of this State outstanding at the time of the ratification of this Constitution.

     Sec. 4. The General Assembly shall not have the power to levy in any one year, a greater rate of taxation than three-fourths of 1 per centum on the value of the taxable property within this State.

     Sec. 5. No county in this State shall be authorized to levy a larger rate of taxation in any one year, on the value of the taxable property therein, than one-half of 1 per centum, Provided that to pay debts existing on the 6th day of December, 1875, an additional rate of one-fourth of 1 per centum may be levied and collected, which shall be exclusively appropriated to the payment of such debt or the interest thereon. Provided, further, that to pay any debt or liability now existing against any county, incurred for the erection of the necessary public buildings, or other ordinary county purposes, or that may hereafter be created, for the erection of necessary public buildings, or bridges, any county may levy and collect such special taxes as may have been or may


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hereafter be authorized by law, which taxes so levied and collected shall be applied exclusively to the purposes for which the same were so levied and collected.

     Sec. 6. The property of private corporations, associations and individuals of this State shall forever be taxed the same rate; Provided, this section shall not apply to institutions or enterprises devoted exclusively to religious, educational or charitable purposes.

     Referred to the Committee on Taxation.

     By Mr. Lomax:

ORDINANCE 21:

AN ORDINANCE

To re-adopt the provisions of Article 10 of the Constitution of 1875 relating to exemptions.

     Be it ordained by the people of the State of Alabama in Convention assembled that

ARTICLE

Exempted Property.

     Section 1. The personal property of any resident of this State to the value of one thousand dollars, to be selected by such resident, shall be exempted from sale on execution, or other process of any court, issued for the collection of any debt contracted since the 13th day of July, 1868, or after the ratification of this Constitution.

     Sec. 2. Every homestead not exceeding eighty acres and the dwelling and appurtenances thereon, to be selected by the owner thereof, and not in any city, town or village, or in lieu thereof at the option of the owner, and lot in the city, town or village, with the dwelling and appurtenances thereon, owned and occupied by any resident of this State, and not exceeding the value of two thousand dollars, shall be exempted from sale on execution or any other process from a court for any debt contracted since the 13th day of July, 1868, or after the ratification of this Constitution. Such exemption, however, shall not extend to any mortgage lawfully obtained but such mortgage or other alienation of such homestead by the owner thereof, if a married man, shall not be valid without the voluntary signature and assent of the wife to the same.

     Sec. 3. The homestead of the family after the death of the owner thereof, shall be exempt from the payment of any debts contracted since the 18th day of July one thousand, eight hundred and sixty?eight, or after the ratification of this Constitution, in all cases, during the minority of the children.

     Sec. 4. The provisions of Sections one and two of this Article shall not be so construed as to prevent a laborer's lien for work done and performed for the person claiming such exemption, or a mechanic's lien for work done on the premises.


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     Sec. 5. If the owner of the homestead die, leaving a widow, but no children, such homestead shall be exempt, and the rents and profits thereof shall enure to her benefit.

     Sec. 6. The real and personal property of any female in this State, acquired before marriage, and all property, real and personal, to which she may afterwards be entitled by gift, grant, inheritance, or device, shall be and remain the separate estate and property of such female, and shall not be liable for any debts, obligations and engagements of her husband, and may be devised or bequeathed by her, the same as if she were a femme sole.

      Sec. 7. The right of exemptions hereinbefore secured may be waived by an instrument in writing and when such waiver relates to realty, the instrument must be signed by both the husband and the wife, and attested by one witness.

     Referred to Committee on Exemptions.

     By Mr. Lomax:

     Resolution No. 30.

     Resolved, That in any article adopted by the Committee on Corporations and reported to this Convention the provisions of the present Constitution as to the powers of corporations shall not be enlarged in any respect or particular.

     Referred to Committee on Corporations.

     By Mr. Lomax:

AN ORDINANCE

     Relating to Suffrage and Elections.

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

     That Article -------.

     Suffrage and Elections.

     Section 1. Every male citizen of the United States and every male person of foreign birth who may have legally declared his intention to become a citizen of the United States before he offers to vote, who is 21 years old, or upwards, possessing?the following qualifications, shall be an elector and shall be entitled to vote at any election by the people, except as hereinafter provided:

     First-He shall have resided in the State for two years and in the county for one year and in the precinct or ward for three months next preceding the election at which he offers to vote, provided that removal from one precinct or ward to another in the same county shall not deprive any person of the right to vote in the precinct or ward from which he has removed until three months after such removal.

     Second-He shall not have been convicted of treason, embezzlement of public funds, embezzlement, false pretenses, malfeasance in office, larceny,


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bribery or other crimes punishable by imprisonment in the penitentiary unless his disabilities have been removed according to law and he must not be an idiot or insane person.

     Third-He must have paid on or before the 1st day of January of the year in which he shall offer to vote a. poll tax of three ($3) dollars per year for the two years next preceding the election at which he offers to vote and must produce to the officers of registration hereinafter provided the receipt of the tax collector showing that he has paid said taxes except that in the general election in August, 1902, he shall be required to show such receipt for only one year, and provided further that such tax shall be used in aid of the common schools and for no other purpose, and such tax shall be a lien only upon taxable property, and no criminal proceedings shall be allowed to enforce its collection.

     Fourth-He shall be able to read any section of the Constitution of this State or he shall be able to understand the same when read to him, or give a reasonable interpretation thereof.

     Fifth-He shall have been duly registered under the Constitution and laws of this State; Provided that any male citizen who served in the Confederate or Union armies or navy in the war between the States or in the army of the United States, in the Indian wars, the war with Barbrars States, the War of 1812, the War with Mexico, or the War with Spain or who is a descendant of any such soldier of the above named wars or of the war of the Revolution and who has paid his poll tax hereinabove imposed who is now entitled to vote or shall become of age within seven (7) years after the ratification of this Constitution, and who has not been convicted of the crimes hereinabove specified and who is not insane or idiotic shall have the right to register and vote in any election in this State.

     Sec. 2. There is hereby created in every voting precinct in this State a Board of Registrars of Election which shall consist of three qualified electors who are bona fide residents of such precincts and who shall be charged with the duty of registering all voters in accordance with this Constitution and the law made in persuance thereof who shall hold their office for the term of four years and until their successors are elected and qualified and who shall be ineligible as their own successors and who shall while a member of such board be eligible to any office. For the first election held after the ratification of this Constitution said Board of Registrars shall be appointed by the Governor and at said election the members of said Boards shall be elected by the qualified voters of each election precinct for the terms and under the conditions hereinabove set out provided that no registrar appointed by the Governor shall be eligible for election to such Board at such election. Registrars shall take the official oath prescribed by this Constitution.

     Sec. 3. No person shall be registered who is not a qualified elector under the preceding sections of this article of the Constitution and until he shall have taken an oath or affirmation showing his qualifications as a voter in the precinct and county in, which he, applies for registration and to answer all, questions touching his right to vote and his antecedents so far as


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they relate to his right to vote and as to his residence prior to his citizenship in said precinct and to support the Constitution of the United States and of this State. And the General Assembly shall pass laws making the wilful and corrupt taking of such oath perjury.

     Sec. 4. After the lapse of seven years from the first registration under this Article of the Constitution a new registration shall be made and the General Assembly shall provide for the making of a permanent record of such registration, and all persons, so registered shall forever thereafter have the right to vote in all elections by the people in this State unless disqualified under the second sub-division of Section 1 of this Article: Provided such person shall have paid his poll tax as above required, and provided that the General Assembly shall by law provide for the registration of persons becoming entitled to vote from year to year before and after such permanent record of registration.

     Sec. 5. Electors in municipal elections shall possess all the qualifications herein prescribed and such additional qualifications as may be provided by law.

     Sec. 6. Suitable remedies by appeal or otherwise shall be provided by law to correct illegal or improper registration and to secure the registration of those who may be illegally or improperly denied the same by said Boards of Registrars of Election.

     Sec. 7. All qualified electors and no others shall be eligible to office except as otherwise provided in this Constitution.

     Sec. 8. Electors shall not be registered within six months next before any election at which they may offer to vote: But appeals may be heard and determined, and revision take place at any time prior to the election; and no person who, in respect to age and residence, would become entitled to vote within said four months, shall be excluded from registration on account of his want of qualification in these respects at the time of registration.

     Sec. 9. All elections by the people shall be by ballot, and all elections by persons in a representative capacity shall be viva voce.

     Sec. 10. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, or while going to, or returning therefrom.

     Sec. 11. The General Assembly shall pass laws in accordance with this Constitution to regulate and govern registration and elections in this State, and such laws shall be uniform throughout this State.

     Sec. 12. It shall be the duty of the General Assembly to pass adequate laws giving protection against the evils arising from the use of intoxicating liquors at all elections.

     Sec. 13. The General Assembly shall enact laws to secure fairness in party primary elections, conventions or other methods of naming party candidates.


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     Sec. 14. Returns of elections for all civil officers who are to be commissioned by the Governor, except Secretary of State, State Auditor, State Treasurer and Attorney General and for members of the General Assembly shall be made to the Secretary of State.

     By Mr. Lomax:

     MR. LOMAX-I ask leave to amend the fifth sub-division of the article describing the qualifications of voters, the word "Navy" and the word "Army."

     PRESIDENT-Unless objection, leave will.be granted. Leave granted.

     MR. LOMAX-I desire to say it is patent and apparent, there is nothing original in that, but that it is an attempted combination of several well discussed plans to meet our situation here.

     Referred to Committee on Suffrage and Elections.

     By Mr. Macdonald.

     Be it ordained by the people of Alabama in Convention Assembled, That Section 22 of Article IV, of the Constitution be amended so as to read as follows:

     Section 22. No amendment to bills and no substitute therefor, shall be adopted except by a majority of the House wherein the same is offered taken by yeas and nays, and such amendment or substitute shall be recorded in full on the Journal of the House wherein the same is adopted, together with the names of those voting for or against such amendment or substitute. And no amendment to bills by one House shall be concurred in by the other except by a majority vote thereof, taken by yeas and nays, and such amendment so concurred in, together with the names of those voting for and against shall be recorded in full in the Journal of said House, and report of Conference Committees shall, in like manner, be recorded on the journals of each House.

     Referred to Committee on Legislative Department.

     By Mr. Macdonald:

     Be it ordained, by the people of Alabama in Convention assembled, That Section 19 of Article IV, of the Constitution be amended so as to read as follows:

     Section 19. No law shall be passed except by bill, and every bill shall be copied verbatim on the Journal of the House in which it is introduced before it is referred to any committee; and no bill shall be so altered or amended on its passage through either House as to change its original purpose.

     Referred to Committee on Legislative Department.

     By Mr. Macdonald:


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     Be it ordained by the people of Alabama in Convention assembled, that Article eight of the Constitution shall be amended so as to read as follows:

     Suffrage and Elections.

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

     First-He shall have resided in the State at least one year immediately preceding the election at which he offers to vote.

     Second-He shall have resided in the county for three months and in the precinct or ward for thirty days preceding the election at which he offers to vote; Provided, that the General Assembly may prescribe a longer or shorter residence in any precinct or in any ward in any incorporated city or town having a population of more than 5,000 inhabitants, but in no case to exceed three months and provided, that no soldier, sailor or marine, in the military or naval service of the United States shall acquire residence by being stationed in this State.

     Third-He must be able to read and write in the English language understandingly and intelligently.

     Fourth-He must have paid all poll taxes assessed against him after the adoption of this Constitution, which poll tax must be paid at least six months before the election at which he offers to vote.

     Fifth-He must be the owner, in his own right, of real estate of the value of at least $500, and upon which he has been assessed to that amount; Provided, however, that the foregoing qualifications, numbered third and fifth, shall not apply to any resident of this State who was in the military or naval service of the United States of 1812, the war between the United States and Mexico, or who was in the military or naval service on either side of the late war between the States, otherwise known as the Civil War, or to.the lineal descendants of such persons, or to persons related to the fourth degree of consanguinity to such persons, or to any person who is now a naturalized citizen of this State, or to the lineal descendants of a naturalized citizen who was entitled to vote. And provided further, that the exemptions to the following qualifications numbered third and fifth shall expire after twenty?one years from the adoption of this constitution.

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

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

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

     Second-Those who are idiots or insane.


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     Sec. 4. Electors shall in all cases, except treason, felony, or breach of the peace be privileged from arrest during their attendance at elections, or while going to or returning therefrom.

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

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

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

     Referred to Committee on Suffrage and Elections.

     By Malone:

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

     That Section 2 of Article 2 of the present Constitution be amended so as to read as follows: "The boundaries of the several counties of this State, as heretofore established by law, are hereby ratified and confirmed. The General Assembly may, by a vote of two-thirds of both houses thereof, arrange and designate boundaries for the several counties of this State, which boundaries shall not be altered except by a like vote; but no new county shall be hereafter formed of less extent than four hundred and fifty square miles, and no existing county shall be reduced to less extent than four hundred and fifty square miles; and no new county shall be formed which does not contain a sufficient number of inhabitants to entitle it to one representative, under the ratio of representation existing at the time of its formation, and leave the county or counties from which it is taken with the required number of inhabitants entitling such county or counties to separate representation.

     Referred to Committee on State and County Boundaries.

     By Mr. Malone:

     Be it resolved:

     First-That the new Constitution shall contain a provision permitting each separate township to assess and collect a special


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school tax of not exceeding 25 cents on the hundred dollars of assessed valuation of such township.

     Second--That such sum as shall be so raised shall be used in connection with the amount due such township from the general fund of the State and shall not be used for other purposes than the actual expenses of the schools of such township for the scholastic year for which same shall have been raised.

     Third--That the amount so raised from the property of persons of African descent shall be used for separate schools for children of African descent and only such sum.

     Fourth--That such election shall be under the State laws and at an election for such purposes only.

     Referred to Committee on Education.

     By Mr. Malone:

     Be it resolved. That the new Constitution shall contain a provision for the examination by a competent public official of the financial condition of all State and private banks doing business in this State and for the publication of same. Banks and Banking.

     By Mr. Miller (Marengo):

     Be it ordained, That:

     (1) The boundaries of this State are established and declared to be as follows: that is to say

     Beginning at the point where the thirty-first degree of north latitude crosses the Perdido River, thence east to the western boundary line of the State of Georgia; thence along said line to the southern boundary line of the State of Tennessee; crossing the Tennessee River, and on to the second intersection of said river by said line; thence up said river to the mouth of Big Bear Creek; thence by a direct line to the northwest corner of Washington County, in this State, as originally formed; thence southerly along the line of the State of Mississippi to the Gulf of Mexico; thence eastwardly including all islands within six leagues of the shore to the Perdido River; thence up said river to the beginning.

     (2) The boundaries of the several counties of this State, as heretofore established by law, are hereby ratified and confirmed. The General Assembly may, by a vote of two-thirds of both houses thereof, arrange and designate boundaries for the several counties of this State, which boundaries shall not be altered, except by a like vote; but no new county shall be hereafter formed of less extent than six hundred square miles, and no existing county shall be reduced to less extent than six hundred square miles; and no new county shall be formed which does not contain a sufficient number of inhabitants to entitle it to one representative, under the ratio


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of representation existing at the time of its formation, and leave the county or counties from which it is taken with the required number of inhabitants entitling such county to separate representation.

     Referred to Committee on State and County Boundaries.

     By Mr. Miller (Wilcox):

     Be it resolved by this Convention, That the formation of school districts be encouraged in furtherance of our public school system, and that trustees for the management of such schools be elected by the qualified electors of such district, and that the authority to raise funds for the support of such schools and for the building of school houses be delegated to such trustees at the option of the qualified voters of the district; and that such a system of district schools be established under well-guarded limitations as to taxation as will meet the inhibitions of the present constitution which are set out in case of Schultes vs. Eberly in 82 Ala., page 242.

     Referred to Committee on Education.

     By Mr. Mulkey (Geneva):

     Ordinance 28, by Mr. Mulkey.

To amend Section 26, Article V of Constitution.

     Relates to election of Sheriff and removal from office.

     Be it ordained by the people of Alabama in convention assembled, That Section 26, Article V of the Constitution be amended so as to read as follows:

     A sheriff shall be elected in each county by the qualified electors thereof, who shall hold office for the term of four years, unless sooner removed, and shall be ineligible to such office as his own successor; provided, that any sheriff who suffers or permits any prisoner in his charge or custody to be taken therefrom at the hand of a mob, shall, upon satisfactory evidence thereof, being furnished the Governor, be at once removed from office.

     Vacancies in the office of sheriff shall be filled by the Governor, as in other cases; and the person appointed shall continue in the office until the next general election in its county for sheriff, as provided by law.

     Referred to Committee on Executive Department.

     By Mr. Murphree (Pike):

     Be it ordained by the people of Alabama in Convention assembled, that, Section 2, Article 17, be and is hereby amended so as to read as follows:


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     No Constitutional Convention shall hereafter be held or delegates elected thereto, for the purpose of altering or amending the Constitution of this State, until after the question of Convention or no Convention, shall be first submitted to a vote of all the electors of the State and approved by a majority of those voting at
said election.

     Sec. 3. The General Assembly hereafter calling a Constitutional Convention, shall set forth in the act the purpose of the call, by naming the changes, amendments and additions to the then existing Constitution desired to be made which shall be published in the newspapers of the principal cities of the State within twenty days after the passage of the act.

     Sec. 4. Constitutional Conventions hereafter had shall be composed of one hundred delegates and no more, the counties having the same representation that they have in the House of the General Assembly.

     Referred to Committee on Amending Constitution and Miscellaneous, etc.

     By Mr. Murphree:

     Be it ordained by the people of Alabama in Convention assembled, that,

     Section 5, Article 13, be and is hereby amended so as to read as follows:

     The income arising from the 16th Section Trust Fund, the surplus revenue fund, until it is called by the United States government, and the funds enumerated in Sections 3 and 4 of this Article, with such other moneys, to be not less that one hundred thousand dollars per annum, as the General Assembly shall provide by taxation or otherwise, should be applied to the support and maintenance of the public schools and it shall be the duty of the General Assembly to increase from time to time, the public school fund, as the condition of the treasury and the resources of the State will admit, the school fund, from whatever source derived, shall be divided between the children of the white and negro races in proportion to the amount of State tax paid by each race.

     Referred to Committee on Education.

     By Mr. Murphree:

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

     Section 5, Article 4, be amended so as to read as follows:

     The General Assembly shall meet biannually, at the capital in the Senate Chamber and in the Hall of the House of Represen


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tatives, except in cases of destruction of the capitol or epidemics when the Governor may convene them at such place in the State as he may deem best, on the day specified in this constitution, or on such other day as may be prescribed by law, and shall not remain in session longer than sixty days at the first session held under this constitution, nor loner than fifty days at any subsequent session.

     (The first thirty days of which shall be set apart for the enactment of general laws and the remainder of the session for local legislation.)

     Referred to Committee on Legislative Department.

     By Mr. Murphree:

     Be it ordained by the people of Alabama in convention assembled, That Section 2, Article 10, be and is hereby amended so as to read as follows:

     One hundred and sixty acres of land and no more, and the dwelling and appurtenances thereon, it being selected by the owner for a homestead, and not in any city, town, or village or in lieu thereof, at the option of the owner, any lot in a city, town or village, with the dwelling and appurtenances thereon, owned and occupied by any resident of this State, and not exceeding the value of two thousand dollars, shall be exempt from sale on execution, or other process of any court, issued for the collection of any debt contracted after the ratification of the Constitution of 1875. Such exemption, however, shall not extend to any mortgage lawfully obtained, but such mortgage or other alienation of such homestead by the owner thereof, if a married man, shall not be valid without the voluntary signature and assent of the wife to the same. And the foregoing exemptions shall remain and shall not be increased or diminished by the General Assembly or by the decision of any court of this State.

     Referred to Committee on Exemptions.

     By Mr. Oates (Montgomery):

     MR. OATES -- I have no ordinance or proposition of my own to offer, but our distinguished senior Senator has manifested such interest in this Convention and its proceedings, that he has sent, and I presume most of the delegates have seen it, a printed proposition for the Article on Suffrage in the new Constitution, and I also hold in my hand a brief in his handwriting, sent to me with citation of authorities to sustain the legality of the positions he assumes, I do not care for it to be read, but I desire that it be printed in the proceedings and referred to the Committee on Franchises and Elections, both documents.

     THE PRESIDENT--Unless there be objection the ordinance will be referred to the Committee on Suffrage and Elections.


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     MR. OATES -- To be printed in the proceedings as though read. I desire that delegates may see it.

     THE PRESIDENT--The Chair will direct that it be printed with the general proceedings of the Convention.

     Ordinance by Mr. Oates, proposed by Senator Morgan.

QUALIFICATION OF VOTERS

Article --     

     Section 1. To entitle any person to vote at any election for any public officer of the State, or of any county, district, precinct or municipality created by law, he shall be a male citizen of the United States and shall have attained the age of 21 years; and

     He shall have been registered as a voter, under the provisions of this Constitution, in the precinct in which he votes; and shall have resided in such precinct at least one year, and in the county at least two years, and in the State at least three years next before the date of filing his application to become a registered voter, and next before the date of the election at which he offers to vote; and

     His application to be registered as a voter shall have been presented by him and acted upon and his qualification and fitness to be a voter shall have been ascertained and determined by a lawful tribunal having jurisdiction of the registration of voters.

     Sec. 2. Persons who are not citizens of the United States, or who are not descended from a father and mother belonging to the white race, shall not be eligible to any office under the Constitution and laws of Alabama.

     Sec. 3. The following persons shall not be permitted to vote, or to register as voters, while their disabilities continue, namely: Those who are idiots or insane: or those who shall have been convicted of giving or receiving a bribe to influence voters or any election officer, with reference to any election; or those who have been convicted of any offense punishable by imprisonment in the penitentiary, unless their disabilities have been removed according to law.

     Sec. 4. The tribunal charged with the duty of making an official registration of voters shall have jurisdiction to receive, examine and determine the validity and regularity of applications, and to ascertain and decide upon the qualifications and fitness, as voters, of all applicants for registration, and to admit them to registration, or reject them.

     It shall have power to examine applicants for registration, on oath, touching their qualification to become voters, and to reject such as decline such examination.

     It shall have power to summon witnesses, and to examine them on oath, and to compel their attendance.


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     It shall have power to preserve order at its sittings and the powers to punish persons for contempt, that are conferred by law upon the Circuit Courts.

     The members of such tribunal shall be liable to removal from office by order of the Governor for any official misconduct, or for inefficiency in the performance of their official duties; and shall be personally liable to punishment by indictment, for corruption in office; but the integrity and honesty of their decisions shall not be called in question in any civil action brought against them, growing out of any decision they have made upon any application for registration; and, in the consideration and determination of any question as to the qualification and fitness of any applicant for registration such tribunals shall have exclusive jurisdiction, except that appeals may be taken to the Circuit Courts from their decisions, where the same may be confirmed, or reversed, or annulled; and final judgment shall be rendered on the qualification of the applicant to be registered as a voter.

     Sec. 5. The qualification and membership of the Boards of Registrars for the voting precincts, the method of constituting the same, and their regulation, and other organic provisions concerning such boards are set forth in the following schedule to this article, which may be, at any time, and in any part thereof, altered, amended or repealed by the vote, taken by ayes and nays, of two-thirds of a quorum of each house of the General Assembly:

SCHEDULE TO ARTICLE

     Section 1. A board of registrars is hereby created for each election precinct of each county as it is or shall be established by law, to consist of three worthy and capable persons having the qualifications of voters, who shall be appointed by the court of County Commissioners of each county, at a session of said court to be held on the first Tuesday in February, 1902. If any of said courts shall fail, for any cause, to appoint a board of registrars for any precinct, on that day, a vacancy shall exist in such board, as a whole, or in part; or, if any person so appointed shall fail to qualify as such registrar within fifteen days after such appointment his office shall be vacant, and in any such cases the vacancy shall be filled by appointment of the Governor. If any such vacancy is not filed by the appointment and qualification of the appointee on or before the 4th day of March, 1902, the judge of Probate of the county shall fill the same by appointment.

     Sec. 2. Laws shall be enacted for the punishment of persons who, without just excuse, refuse, after election or appointment to the office of registrar, to qualify and perform the duties of such office.

     Sec. 3. The Boards of Registrars appointed under Section 1 of this schedule shall be appointed for the term of four years, from March 4th, 1902, to March 4th, 1906. The succeeding boards shall each be elected for terms of four years, to begin and end on the 4th days of the month of March.

     No person who has qualified as a member of the Board of Registrars shall be eligible to election or appointment to any other office during the term for which he was chosen or for two years after such term expires.


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     No resignation of any member of the Board of Registrars shall be effectual until the same is accepted by the Governor.

     All vacancies in the membership of Boards of Registrars, whether the members are elected or appointed, shall be filled by appointment of the Governor, within thirty days after the office has become vacant, and, if no one is appointed and qualified to fill such vacancy within that time, the vacancy shall be filled by appointment, to be made by the Judge of Probate of the county in which the vacancy occurs.

     Sec. 4. On the first Monday in January, 1905, an election shall be held in each precinct in each county of the State, for members of a Board of Registrars, and every four years thereafter such election shall be held on the same day of the month of January. Such elections shall be conducted in the manner prescribed by law for the election of judges of probate, and the returns of election shall be made, certified and recorded or kept in the same manner. Only registered voters of the precincts in which they reside shall vote at such elections and the persons elected shall be registered voters in such precincts.

     No person shall be elected to the office of registrar of voters who does not receive a majority of all the votes cast at such election, and each ballot shall contain the names of three persons voted for; or the same shall be rejected.

     If, for any cause, the election of a board of registrars, or any member thereof, shall fail, at the time herein designated, a vacancy shall exist in the office which shall be filled in the manner provided in section 3 of this schedule. In case of a tie vote in such election, it shall be decided by the casting vote of the judge of probate, in each case, but no election of registrars of voters shall be contested, except in the manner and for the causes specially provided by statute.

     Sec. 5. Before entering upon the performance of the duties of his office, each registrar of voters shall take and subscribe the following oath of office:

     "I (giving the name) do solemnly swear (or affirm), in the presence of Almighty God, that I will support the Constitution of the United States and of the State of Alabama; that I will honestly and truly, according to the best of my ability, discharge the duties of the office of registrar of voters on which I am about to enter, without fear, favor, reward, or the hope thereof."

     Which oath shall be administered by any person lawfully authorized to administer oaths, and dated and signed by the affiant, and filed in the office of the probate judge of the county.

     Sec. 6. Commissions shall be issued by the judge of probate to registrars of voters elected or appointed to such offices, except in cases of appointment by the Governor, who shall issue commissions to his appointees; and the person having the oldest commission shall be chairman of the board of which he is a member.


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     Sec. 7. The chairman of the board of registrars of voters for each precinct shall be the custodian of all record books and papers thereof. He shall keep a book of registration, in which shall be recorded the names of all persons who apply to be registered as voters, and of all persons who are registered as voters by the vote of the board, or a majority thereof, with a statement of the age and place of nativity of such registered voter. Each list shall be kept separately, in the same book, arranged in alphabetical order, and each name shall be numbered in the margin thereof, which shall correspond with the number endorsed on the application, which shall also be endorsed as "approved" or "rejected," as the case may be, and dated and signed by the chairman of the board of registrars.

     Sec. 8. The General Assembly shall provide by law for such other duties as shall be performed by the boards of registrars in connection with their office, and may alter, amend or repeal any part of the duties herein designated, in the manner prescribed in article ____ of this constitution; and shall provide just compensation to the members of the board of registrars of voters for their official services.

     Sec. 9. Application for registration as a voter shall be signed by the applicant and presented by him, in person, to the board of registrars at their regular meetings held as required by law. If the applicant cannot write his name, it shall be identified by his mark, and attested by a witness. The application shall state the place of nativity and the age of the applicant; his citizenship, whether by birth or process of naturalization; his residence and the years in or during which he has had his residence in the State and the county and precinct in which he claims the right to register as a voter, and his occupation, or that he is physically disqualified from pursuing a business, occupation or calling.

     If he is a citizen by naturalization, he shall state when, where and in what courts he was naturalized, and, if it is required by the Board of Registrars, he shall produce record evidence of his admission to citizenship of the United States.

     If the application is rejected, it shall be the basis of any further proceeding in any court in which such decision is reviewed or is sought to be reversed, that may be provided by law; and the applicant shall be required by such court to prove the statements in his application and such other facts as shall entitle him to be registered as a voter, and that he is a man of a good moral character and is informed as to the principles of the United States and is attached to the same.

     No appeal from the decision of the Board of Registrars, rejecting an application for registration, nor any proceeding in the nature of a review or new trial thereof, shall be triable in any court or by any tribunal, unless such appeal is taken, or such proceeding is instituted within thirty days after such decision is made and entered of record by the Board of Registrars; and no applicant for registration whose application has been rejected, shall be entitled to vote until he is registered as a voter by order of the Circuit Court of the county in which his application was rejected.


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     On the death of any registered voter, or his removal from the voting precinct in which he is registered, his resignation shall be cancelled on the list of registered voters, of such precinct. A registration may be canceled by the Board of Registrars for the fraud or perjury of the applicant in obtaining the same.

     No vote shall be rejected by the managers of any election for any cause of disqualification that existed at the time of the registration of the voter, but his identity shall be proven if his vote is challenged on the ground that the voter is not the same person whose name is on the list of registered voters. The Legislature may provide laws for the exclusion of a registered voter from the privilege of voting for any cause that may occur after the date of his resignation.

     Senator Morgan's brief was ordered printed and is as follows:

     The right of a State to prescribe the qualifications for office is absolute and exclusive and does not depend upon its right to prescribe the qualification of voters.

     Women are not voters in Alabama, yet they hold office under the State and Federal governments.

     Men of lawful age are entitled as a class of population, to become voters, or to hold offices, while women, who are excluded, as a class, from voting, are entitled to hold office.

     These are simply class distinctions, like those of race and color.

     Such class distinctions based upon race or color, are forbidden by the 14th and 15th Amendments as to the right to vote, but are not forbidden as to the right to hold office.

     If the Constitution of Alabama should prescribe that no negro woman should hold office under the State, it would be vain if one should attempt to sustain her right on the ground that her "right to vote" is protected by the 14th and 15th Amendments, because she is a negro woman, includes the right to hold office, as an "immunity" or "privilege," or as a right of "equal protection under the laws"; because she has not and never could have the right to vote under the laws of Alabama, or of the United States. There is, therefore, no predicate for such a contention. Besides, "the right to vote" is expressly confined to the male inhabitants of such State, being 21 years of age," both by the 14th and 15th Amendments, and it is that right, confined to those persons, that is protected against denial or abridgement, and only that right.

     The right to vote is separated from all other rights, in both amendments and is protected against abridgement or denial on account of race, color, or previous condition of servitude, and this is as far as their protection extends. 


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     There is no race protection as to any "privileges or immunities of citizens of the United States," except with reference to the right to vote and then is limited to negro men.

     So, in considering the right of a person to hold office in a State, the question of the race, or color, or previous condition of servitude of such person is not one that the State is prohibited from including in the qualifications for office.

     Second--The capacity or qualification of a person to hold office under a State, does not depend alone upon "citizenship of the United States." That may or may not be an essential qualification for office, but even that is not indispensable; for Congress, which is expressly bound by the 15th Amendment, constantly makes appropriations to pay salaries for official services to persons who are not citizens of the United States. It is very clear that mere "citizenship of the United States" does not entitle any one to claim or demand office in a State. The absence of citizenship may debar a person from the right to hold office, but its existence does not give that right, and the question is one that only the State can decide. Congress has no power to decide.

     Third--"The privileges and immunities" of citizens of the United States (except as to voting, perhaps) are personal rights of life, liberty, religion and the equal protection of the law, and the like, and are not political privileges to be conferred by the Government of the State, such as holding offices of honor, or profit, or commissions, or public agencies: nor are they political immunities against being refused such offices, honors, or agencies.

     Duncan vs. Missouri, 152 U. S., 377; McKane vs. Dunston, 153 U. S., 634; Miner vs. Hoppersitt, 21 Wall, 162; Bradwell vs. The State, 16 Wall., 130; in re Belva Lockwood, 154 U. S., 116; Giozza vs. Tiernan, 148 U. S., 657, and cases there cited.

     These cases show that the 14th and 15th Amendments confer no "privileges or immunities," that did not belong to citizens of the United States, where they were ordained, and that those privileges and immunities are only such as belong to "citizens of the United States," wherever they reside, under the laws of the United States, and not under the municipal laws of the several States. The rule for construing the language of the Constitution is clearly stated in Lake Company vs. Rollins, 130 U. S. 657.

     The right of a State to prescribe the qualifications of officers of the State government, is not; in the least, controlled or limited by questions of "the right to vote," or by "the privileges or immunities of citizens of other States," or "of the United States," or by class questions, or race questions.

     The right to prescribe the qualifications for office in the States, are not among "the powers delegates to the United States by the Constitution," nor among those "prohibited by it to the States;" but they are among those that "are reserved to the State respectively."

     Clement vs. Kelsey, 121 U. S. 242.


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     McElvaine vs. Brush, 142 U. S. 155.

     Miller vs. Texas, 153 U. S. 535.

     Thorington vs. Montgomery, 147 U. S. 490.

     Re Sawyer 124 U. S. 200.

     O'Neil vs. Vermont, 143 U. S. 323.

     The above cited cases show that only a few of the rights mentioned in the bill of rights, as belonging to the people, are made obligatory on the States by the Constitution.

     Offices are not contracts, under the constitution. Office is "a privilege revocable by the sovereignty at will."

     Crenshaw vs. U. S. 134 U. S., 99.

     Hall vs. Wisconsin, 103 U. S. 5.

     Mayor of N. Y. vs. Milne, 11 Peters 102.

     Burlier vs. Conoly 113 U. S. 27.

     The Constitution of the United States while it imposes qualifications of age and residence on Representatives and Senators in Congress, leaves it to the States to fix the qualifications of voters for both classes of these officers, and is silent as to the qualifications of electors for President and Vice-President, and as to the qualification or designation, of those who may choose electors. These are very distinct and important admissions of the sovereign right of the States to provide by law for the regulation of the right to vote for such officers, whose official powers can be exercised nowhere else than in Congress or in the election of President and Vice-President of the United States. These provisions are based on the fundamental principle, that the sovereign power of the United States resides in the people of the State; and that it is only through the State laws that such powers can be exerted.

     It required the amendment of the Constitution of the United States to give Congress the right to impose the restriction on the States, in respect of negro suffrage.

     The States had that unquestionable power until these changes were made in the Federal Constitution, through their ratification. These changes related only to the security of negro men, citizens of the United States, 21 years of age, in respect of their "right to vote," and not in relation to any other political right, such as the right to hold office. So that the rights of the States remained untouched and unaffected as to all other powers that they possessed. These amendments placed the power of the States to prohibit such negro men from voting among the enumerated powers, that are forbidden to the States; but did not place the power to fix the qualification of office holders in that class. All the provisions of the Constitution of the United States were made supreme, as parts of the Constitutions of the
several States, by their ratification, and nothing in that instrument relates


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to the qualifications of persons to hold office under the State Governments. They are among the powers expressly reserved to the States in the ninth and tenth amendments.

     Even in choosing electors, which officers were created by the Constitution of the United States, the legislatures are given the widest discretion in the manner of their election, which includes the qualification of voters; and the only restriction on the power of choosing, is that which relates to voters, in the 14th and 15th amendments. There are no restrictions or provisions relating to the qualifications of electors except that no Senator or Representative in Congress shall be an elector; which is a most significant proof that the qualifications of all State officers should be fixed with reference to services to be performed by the officers for the States, respectively, and not for the United States, and can only be prescribed by the States.

     In the case of McPherson vs. Blackler, 146 U. S., page 35, the Supreme Court of the United States, hold that a Presidential elector is a State officer, and can only be appointed by State authorities. They say, amongst other able statements of the law, that "In short, the appointment and mode of appointment belong exclusively to the States under the Constitution of the United States."

    In the fourteenth amendment, which is examined by the court in this case, there is a penalty fixed on the States for the denial, or abridgement, of the right of a "voter" at any election for the choice of electors for President and Vice-President of the United States, and in the fifteenth amendment, this penalty is changed to an absolute prohibition with reference to voters of the negro race.

     To hold that these restrictions on the power of the States as to negro voters, confer upon the negroes the power, or the right, to hold office in the States, and is a guaranty of that right, is equally to provide for and guarantee the right of the negro voter to hold any office under the United States; for, the fifteenth amendment binds the United States, as much as it binds the States.

     Logically, the result of this method of interpretation is that the fifteenth amendment grants and secures to a negro voter the constitutional right to occupy the office of President or Vice-President, if the electors should choose him for either place.

     A rational conclusion is that the fourteenth and fifteenth amendments have no reference to qualifications for office, but only to the qualifications of male negro citizens of the United States twenty?one years old, as voters. It does not include or relate to a race of people, but to the individuals of a race who have certain qualifications of age, sex and citizenship. If Alabama should admit all white women of the age of twenty-one years to vote, and exclude all negro women from voting, that would be legitimate, under the fourteenth and fifteenth amendments, because they apply only to negro men; unless, indeed, the fifteenth amendment repeals the fourteenth; in which case, there can be no reduction of representation in Congress, under


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the fourteenth amendment, and no definition in the Constitution of who is a negro voter; and the States would be left to supply the definition; in which case they could fix the definition so as to include men or women or children, or to exclude them, for otherwise "the right of a citizen of the United States to vote" could have no other possible definition.

     There is no logical, legal, historical, or constitutional connection between the right to vote and the right to hold office; or the capacity of the voter, and the capacity to hold office; and there is only an artificial relation, created by law, between the qualifications for office holding and for voting. It is the mistaken identification of these functions that has led to any doubt or obscurity on this subject.

    The voter has but a single power, that of voting for public officers, and his vote is the first, and really the only expression, directly given of the sovereign power of the people, after a constitution has been ordained and established. The office?holder has only the powers that are conferred on him by law as an individual, not as a member of a race. There is no more relationship between the capacity to vote and the capacity to hold office, or the right to vote and the right to hold office, than is between the Governor and the judge he appoints to office, while one is rendering judgment on the bench and the other is approving or vetoing bills passed by the Legislature; or, to make the illustration more complete, than there is between the voter who votes for a judge and the same judge who afterwards tries him for a crime. It is the right of a voter, where he lawfully votes, to represent his personal views of the qualification of the person for whom he votes, without constraint from any other person; but it is still the right of the people, after they have elected a person to office to ascertain and determine whether he is lawfully qualified to enter upon the office and discharge its duty.

     The two alleged rights are wholly separable; so that, to deny a person the right to vote, is not to deny such person the right to hold office: Otherwise, a woman who cannot vote, could not hold office. Yet, we see the constant and increasing election and appointment of women to offices of responsibility and importance, both to the State and Federal Governments.

     The question of the application of the 14th and 15th amendments to the right or capacity for holding office under the State Government, has been discussed at such length, not because there is the least doubt about it, but because it seems to furnish the safe plan, if not the only security to the white race, for excluding the vicious and harmful negro vote from the ballot box.

     It enables us to have registrars of voters who are white men, and this is almost, an absolute guaranty that elections will be honest and enlightened, according to the standard of the white race. Whether the Registrars are a State Board or a County Board, or a precinct Board, and their numbers shall be few or many, and what shall be their qualifications, tenure of office, or personal qualifications, are questions of policy, to be carefully considered.


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     The key to success, and the shelter against Congressional or judicial interference, is the declaration that only white people are qualified for office.

     There are some questions hidden away in the 14th and 15th amendments not generally discussed, about which jurists are much in doubt. They are whether the 15th amendment repeals any, and what part of the 14th amendment.

     Whether the two amendments are repugnant, and if so, whether either can be carried into execution.

     Whether the two amendments are to be construed in pari materia as if they were written as one amendment.

     Whether the 14th amendment repeals the provision of the Constitution proper as to the necessity for the apportionment of the income tax.

     As to the right to vote and hold office, these features of the amendments are not necessarily involved in this discussion. JOHN T. MORGAN.

     Suffrage and Elections.

     By Mr. O'Neal (Lauderdale):

AN ORDINANCE

     To amend Article XII, Section 1 of the Constitution so that the same shall read as follows:

     (1) All able-bodied white male inhabitants of this State, between the ages of eighteen years and forty-five years, who are citizens of the United States, or have declared their intentions to become such citizens, shall be liable to military duty in the militia of the State.

     Referred to Committee on Militia.

     By Mr. O'Neal:

     An ordinance to provide who shall be eligible to hold office under the Constitution of Alabama.

     Article VIII.. Suffrage and Election.

     (1). Persons who are not citizens of the United States, or who are not descended from a father and mother belonging to the white race, shall not be eligible to any office under the Constitution and laws of Alabama.

     Referred to Committee on Suffrage and Elections.

     By Mr. Phillips (Clay):

     An Ordinance to define City Boundaries.


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     Be it ordained, by the people of Alabama in Convention assembled, That the boundaries of the several counties of this State as heretofore established by law, are hereby ratified and confirmed.

     The General Assembly may by a vote of two-thirds of both Houses thereof, arrange and designate boundaries for the several counties of this State, which boundaries shall not be altered, except by a like vote; but no new county shall thereafter be formed of less extent than 600 square miles, and no existing county shall be reduced to less extent than 600 square miles; and no new county shall be formed which does not contain a sufficient number of inhabitants to entitle it to one representative under the ratio of representation existing at the time of its formation and leave the county or counties from which it is taken with the required number of inhabitants entitling such county or counties to separate representation.

     Referred to Committee on State and County Boundaries.

     By Mr. Pillans (Mobile):

     On ordinance to amend Article II., Sec. 2 of the Constitution of Alabama. (Concerning County Seats.)

     Be it ordained by the people of Alabama in Convention assembled, That no county seat shall be removed, unless such removal shall be authorized by the affirmative vote of the majority of the electors of such county, voting upon any such proposed removal, at an election to be provided for by law.

     Referred to Committee on State and County Boundaries.

     By Mr. Pillans:

     To amend the Declaration of Rights Article of the Constitution.--Protection of Convicts.

     Be it ordained by the people of Alabama in Convention assembled, That it shall not be lawful to use the lash upon, or to whip or flog, any person held under conviction for crime or misdemeanor in this State.

     Referred to Committee on Preamble and Declaration of Rights.

     By Mr. Reese (Dallas):

     Resolved, That for the purpose of easy reference, the Rules Committee or such other committees as shall have supervision of the printing of the record of the proceedings, shall cause the pages constituting such record to be numbered consecutively in the same manner now practiced in The Congressional Record of the Congress.

     Referred to Committee on Rules.

     By Mr. Reese:


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     Resolved, That the present constitutional basis of representation of the several counties in the General Assembly shall remain unchanged.

     Referred to Committee on Representation.

     By Mr. Reese:

     Resolved, That it is the sense of this convention that the present constitutional provisions relating to exempt property shall remain unchanged.

     Referred to Committee on Exemptions.

     By Mr. Robinson (Chambers):

     Section 1. Be it ordained, that Section 1, Article 13, of the Constitution of Alabama be amended so as to read as follows:

     (1) The General Assembly shall establish, organize and maintain free public schools throughout the State for the education of all children thereof between the ages of 6 and 21 years. But separate schools shall be provided for the white and colored races. All funds raised by the State for the support of public schools, except the poll tax and funds held in trust, shall be distributed to each County in proportion to the number of children therein between the ages of 6 and 21 years. And such funds shall be so appropriated in each County, so that the public schools for each race shall be taught the same length of time.

     Referred to Committee on Education.

     Ordinance 40, by Samford:

     CONSTITUTION

     Be it ordained by the people of Alabama in Convention assembled that the General Assembly of this State shall not grant the right to any city, town or municipal corporation, within this State, the power to borrow money or issue bonds in excess of the following limits: Towns of not more than one thousand inhabitants, 10,000 dollars; towns of one to four thousand inhabitants not more than $25,000; towns and cities of from four to six thousand inhabitants, not more than $75,000; towns and cities from six to ten thousand inhabitants not more than $200,000; towns and cities from ten to twenty-five thousand inhabitants, not more than $300,000; towns and cities from twenty-five to fifty thousand inhabitants not more than $500,000; provided that this clause shall not prevent any city, town, or municipal government in this State, from refunding any bonded indebtedness, now outstanding for an amount corresponding to the amount of indebtedness of such town, city or municipality.

     Referred to Committee on Municipal Corporations.


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     By Mr. Samford

     Be it ordained that the Treasurer of this State with the approval of the Governor, shall be permitted to deposit any funds now, or hereafter, in the treasury of this State, not needed for immediate expenses in any bank, incorporated under the laws of this State, upon a deposit by such bank with the Treasurer of the State of Alabama bonds of this State to the amount of the money deposited in such bank.

     Referred to Committee on Executive Department.

     By Mr. Sanders (Limestone):

AN ORDINANCE

     To amend Section 1 of Article 10 of the Constitution relating to exemption of personal property.

     Be it ordained, That Section 1 of Article 10 of the Constitution be amended so that it shall read as follows:

     The personal property of any resident of this State to the extent of one thousand dollars, to be selected by such resident, shall be exempted from sale on execution, or other process of whatsoever nature of any court; after the ratification of this Constitution.

     Referred to Committee on Exemptions.

    By Mr. Sanders:

AN ORDINANCE

     To amend Section 2 of Article 10 of the Constitution relating to homestead exemption.

     Be it ordained that Section 2 of Article 10 of the Constitution be amended so that it shall read as follows:

     Every homestead, not exceeding 80 acres and the dwelling and appurtenances thereon, to be selected by the owner thereof, and not in any city, town or village, or in lieu thereon, at the option of the owner, any lot in the city, town or village, with the dwelling and appurtenances thereon, owned and occupied by any resident of this State, and not exceeding the value of two thousand dollars, shall be exempted from sale on execution, or any other power whatsoever from any court, after the ratification of this constitution.

     Such exemption, however, shall not extend to any mortgage lawfully obtained, but such mortgage or other alienation of such homestead by the owner thereof, if a married man, shall not be valid without the voluntary signature and assent of the wife to the same.


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     Referred to Committee on Exemptions.

     By Mr. Sanders:

AN ORDINANCE

     To amend Section 3 of Article X, of the Constitution, relating to homestead exemptions.

     Be it ordained that Section 3 of Article 10 of the Constitution be amended so as it shall read as follows:

     The homestead of the family, after the death of the owner thereof, shall be exempt, after the ratification of this Constitution in all cases during the minority of the children.

     Referred to Committee on Exemptions.

     By Mr. Sanford (Montgomery):

AN ORDINANCE

     To prohibit a sentence for contempt of court for any act committed out of his presence without a trial by jury.

     Be it ordained by the people of Alabama in Convention assembled, That no persons shall be adjudged guilty of contempt of court, for any act, speech, or publication done or made out of its presence without a trial by jury.

     Referred to Judiciary Committee.

     By Mr. Sanford (Montgomery):

AN ORDINANCE

     To establish the Executive Department of Alabama.

     Be it ordained by the people of Alabama, That the Executive Department shall consist of a Governor, a Lieutenant-Governor, Secretary of State, Auditor, Treasurer and Attorney-General, who shall be chosen by the electors of the State at the time and places at which they shall vote for representatives in the General Assembly.

     Referred to Committee on Executive Department.

     By Mr. Sorrell (Tallapoosa):

AN ORDINANCE

     To amend Section 5 of Article IV of the Constitution of Alabama, so as to read as follows:

     The General Assembly shall meet on the second Tuesday in November 1902 and every four years thereafter, at the Capitol in


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the Senate Chamber and in the Hall of the House of Representatives (except in case of destruction of the Capitol or epidemics, when the Governor may convene them at such place in the State as he may deem best) and shall not remain in session loner than sixty days.

     Referred to Committee on Legislative Department.

     By Mr. Spragins (Madison):

     That Section 1, Article 13, of the Constitution, shall be amended so as to read as follows:

     The General Assembly shall establish, organize and maintain its system of public schools throughout the State for the benefit of children thereof between the ages of 7 and 21 years; but separate schools shall be provided for children of citizens of African descent, and the taxes, both poll and property, paid by white people for school purposes shall be devoted exclusively to the public schools for white children; and the taxes, both poll and property, paid by citizens of African descent for school purposes shall be devoted exclusively to the public schools for children of African descent; and any and all appropriations by the General Assembly of Alabama for public school purposes shall be devoted to the schools for white children and to the schools for the children of African descent in exact proportion to the amount of property taxes paid by the respective races.

     Referred to Committee on Education.

     By Mr. Spragins (Madison):

     That Section 2 of Article 11 be amended so as to read as follows:

     No power to levy taxes shall be delegated to individuals or private corporations. Provided, that school districts, townships, or subdivisions, or any town, city or municipality which has been made a public school district, shall have the right to impose a tax, by a majority of the qualified electors in said school district, township or subdivision, not to exceed one-fourth of 1 per centum for public school purposes, on the taxable property in said school district, township or subdivision; and provided further that the moneys collected from said tax shall be devoted exclusively to public schools in said district, township or subdivision, that which is paid by white people being devoted to the public schools for white children, and that which is paid by citizens of African descent to be devoted to schools for children of African descent.

     Referred to Committee on Education.

     By Mr. Spragins (Madison):

     Resolved, That in any constitution that may be framed it shall be provided that all members of the General Assembly of


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Alabama shall be elected for four years, and that the General Assembly shall meet once in four years, unless specially called together by the Governor, and that at its sessions only general legislation shall be enacted.

     Referred to Committee on Legislative Department.

     By Mr. Thompson (Bibb):

     That Section 3 of Article 8 of the present Constitution be amended so that the same shall read as follows:

     The following classes shall not be permitted to register, vote or hold office:

     First--Those who shall have been convicted of treason, embezzlement, larceny, bribery or other crime punishable by imprisonment in the penitentiary.

     Second--Those who are idiots or insane.

     Third--No person shall be eligible to any office of profit or trust in this State or any county thereof, unless such person be of the white race; provided that negroes may be officers and teachers of negro schools.

     Referred to Committee on Education.

     By Mr. Thompson (Bibb):

     Be it ordained, That Section 8, Article 13 of the present Constitution be amended so that the same shall read as follows:

     No money shall be appropriated to or used for the support of any school, except to the University of Alabama, the Polytechnic Institute at Auburn, the Girls' Industrial School at Montevallo, or the common schools of the State.

     Referred to Committee on Education.

     By Mr. Thompson (Bibb):

     Be it resolved by this Convention, That the Committee on Education shall so frame the Article on Education that no money derived by taxation upon the property of white people shall be diverted to or appropriated for the support of any schools other than those for white children.

     Referred to Committee on Education.

     By Mr. Vaughan (Dallas):

     Whereas the Democratic party adopted a platform upon which a large majority of the delegates to this Convention were elected and


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     Whereas, it is right and proper that the provisions of said platform should be observed by this Convention.

     Therefore be it, Resolved. That there shall be inserted in any Constitution adopted by this Convention, provisions regulating suffrage so as not to conflict with the Constitution of the United States and for the best interests of the tax payers and people of the State of Alabama.

     Second, That there shall be inserted in such Constitution a provision limiting the rate of taxation by the State, counties and municipalities and that such rate of taxation shall not exceed the rate now fixed by the present Constitution, but a lower rate shall be fixed if practicable.

     Third, That the said Constitution shall not deprive any white man of the right to vote except for conviction of infamous crimes.

     Fourth, That section 39 of article 4 of the present Constitution, in reference to the removal and location of the State Capitol shall remain unchanged.

     Fifth, That the rights and privileges conferred by the present Constitution upon corporations shall not be enlarged.

     Referred to Committee on Taxation.

     By Mr. Walker (Madison):

     To regulate the mode of compensating the Clerk of the Supreme Court.

     Be it Ordained, That the Clerk of the Supreme Court shall not, after the expiration of the term of the Clerk now in office, receive to his use any fees, costs, perquisites of the office, or compensation, other than a salary to be fixed by law, which shall not equal in amount the salary of an Associate Justice of the Supreme Court as fixed by law, and shall not be increased or diminished during the term for which he shall have been appointed.

     Referred to Committee on Judiciary.

     By Mr. Walker (Madison):

     To amend Article 17 of the present Constitution.

     Be it ordained, That the following Section be inserted between Section 1 and 2 of Article 17 of the present Constitution

     Section -- Upon a ballot to be provided for use at such election the substance, subject matter or nature of the proposed amendment, shall be twice in the same language clearly indicated, followed in the one case by the word "yes," and in the other by the word "no."


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     The choice of the elector to be indicated by a cross mark before the answer he desires.

     Referred to Committee on Amending Constitution and Miscellaneous Provisions.

     By Mr. Watts:

     Local Legislation--Sec. 23, Art. 4.

     Section 23. No special or local law shall be enacted, granting a divorce; removing disabilities of minority or coviture; changing the name of any person or corporation; designating a district or districts where stock shall not run at large or where liquor or other commodity shall not be sold, or for the protection of game or fish; providing for the adoption of any child; establishing a dispensary or other like thing; incorporating a town or city; granting a charter or franchises to a corporation, association or individual; amending or confirming any charter; establishing a rule of descents and distributions; fixing any procedure in the courts of any county, different from the procedure in the courts of any other county; prescribing a jurylaw for any county different from any other county; prescribing the fees or salary of any office; exempting any person, corporation, county, or municipality from the provisions of a general law; providing for the sale of the property of individuals or of estates; or in any case which can be provided for by a law applicable to the whole State, or where the relief sought can be given by any court in this State; nor shall the operation of any general law be suspended for the benefit of any individual, corporation, or association; nor shall any individual, corporation or association be exempted from complying with the provisions of any law. The courts, and not the General Assembly, shall judge as to the construction of this section, and all local laws of the nature described now in existence are hereby avoided, except charters of cities, towns or corporations, and except acts relieving disabilities of minority and coverture, provided that no contract made in pursuance of any such law shall be affected hereby.

     Sec. 24. No law not applicable to the whole State shall be passed at all unless notice of intention to apply therefor shall have been published in the locality where the matter or things to be affected may be situated, which notice shall be given for at least one month by publication for at least once a week in some newspaper for four consecutive weeks before the time fixed by law for the assembly of the General Assembly, and the evidence of said notice having been given shall be exhibited to each house of the General Assembly and the fact of such evidence having been exhibited spread upon the journal of each House before such bill shall become a law. And no law, not applicable to the whole State, shall be passed, unless it has been submitted to a committee in each House who report that the matter cannot be, or is not, provided for in a general law, or cannot be, or is not, within the power or jurisdiction of some court.


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     Referred to Committee on Local Legislation.

     By Mr. Watts (Montgomery):

     SUFFRAGE AND ELECTIONS

     1--No person shall be entitled to vote at any election or to hold office in this State who has not been registered as an elector, as hereinafter provided.

     2--A general registration of all the voters in the State shall be taken at least four months before any general election for State officers, and a general registration of all the voters in a town or city at least one month before any election for municipal officers; but the General Assembly may provide for registration as to special election.

     3--No person shall be permitted to register unless he is a male, 21 years of age or upwards, and will have resided in this State two years, and in the precinct (if not in a town or city) or in the town or city in which he proposes to vote, six months next before the time fixed for the election.

     4--No person shall be permitted to register who has not paid all taxes legally assessed against his property prior to said registration.

     5--A poll tax of $2 is hereby fixed against every male inhabitant of this State over the age of 21 years, which poll tax shall be devoted exclusively to the public schools in the counties respectively where the same shall be paid, and no person who has failed to pay said poll tax prior to registration shall be permitted to register. The General Assembly may increase the amount of the poll tax to not exceeding $5.

     6--No person who has been convicted of treason, embezzlement of public funds malfeasance in office, larceny, bribery, or other crime punishable by imprisonment in the penitentiary shall be permitted to register.

     7--The General Assembly shall provide stringent laws for the prosecution and punishment of all persons who shall cheat at any general or special election or at any primary, convention, or other method adopted for selecting party nominees, and no person convicted of any such offense shall be permitted to register.

     8--The General Assembly shall provide stringent laws for the prosecution of all persons who shall buy, sell, barter, or offer to sell, buy, or barter any vote at any general or special election, or at or before any primary, convention, or other method adopted for selecting party nominees and no person convicted of any such offense shall be permitted to register.

     9--No person, although otherwise qualified as an elector under this constitution, shall be entitled to register, vote, or hold office in this State, or in any sub-division thereof, who was not, or whose father or grandfather was not, prior to January 1st, 1861, entitled to vote in some State or Territory, unless since January 1st, 1861, he has been naturalized as a citizen


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of the United States; Provided, this section shall not apply to any person whose assessed taxable property amounts in value as assessed to $1,000 or more.

     10--It shall be unlawful for any person while holding any office under this State or any sub-division thereof, or under the United States, to directly or indirectly ask for, accept, or use, for himself or another, any pass or free transportation or transportation upon terms different from those open to the public generally on any railroad, steamboat or other common carrier. The General Assembly shall provide for the prosecution of all such persons, and no person convicted of any such offense shall be permitted to register.

     11--Every person before being permitted to register, shall be required to sign an oath to the effect that he is qualified to register under this constitution, and that he is not disqualified under any provision of this constitution from registering, and further that while holding any office under this State, or any sub-division thereof or of the United States, since the ratification of this constitution, he has not accepted or used any pass or free transportation upon terms different from those open to the public generally, issued to him or for his use by any railroad company, steamboat company, or other common carrier.

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

     13--Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, or while going to or returning therefrom.

     14--The General Assembly shall pass laws, not inconsistent with this Constitution, to regulate and govern elections in this State, and all such laws shall be uniform throughout the State.

     15--It shall be the duty of the General Assembly to pass adequate laws giving protection against the evils arising from the use of intoxicating liquors at elections.

     16--Returns of elections for all civil officers who are to be commissioned by the Governor, except Secretary of State, State Auditor, State Treasurer and Attorney General, and for members of the General Assembly, shall be made to the Secretary of State.

     17--The General Assembly shall provide adequate means for the trial of the right to register, and all such cases shall be given precedence in the courts.

     18--Every person who shall knowingly swear falsely to obtain registration shall be guilty of perjury and shall be punished on conviction as the General Assembly shall provide for the punishment of the crime of perjury generally.

     Referred to Committee on Suffrage and Elections.

     By Mr. Whiteside (Calhoun):


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     Be it ordained by the people of the State of Alabama in convention assembled, That no person shall be eligible to the office of State or County Superintendent of Education in this State who does not hold, or is unable to obtain, a first grade certificate from the State Board of Examiners of Teachers.

     Referred to Committee on Education.

     By Mr. Williams (Marengo):

     Be it ordained by the convention, That the Committee on Judiciary so draw an ordinance that the office of Justice of the Peace be abolished in every incorporated town, village or city.

     Referred to Judiciary Committee.

     By Mr. Williams (Marengo):

     Resolved, That the Special Committee commonly called and known as the Religious Committee, and composed of Delegates Howell, Watts and Blackwell, be and they are hereby requested to investigate and specially report as to the correctness of The Mobile Register's position as contained in the following editorial,
dated May 26, 1901:

     "The Constitutional Convention has formally decided that it is not good form to say Rev. ------, and has ordered the minutes to read Rev. Mr.------ . The alternative style is said to be the use of Rev. before the surname, with the given name stated or indicated. Rev. G. L. ----- , therefore, is proper, according to the Constitutional Convention. The Convention has hit it wrongly. There is no merit in Rev. G. L.----- , if Rev.----- , is wrong. To say Rev. George Johnston is no better in style than to say Rev. Johnston. Best usage is to precede the title with the definite article in case the Christian name is omitted. The insertion of the Mr. simply doubles the title without adding strength to the expression.

     Referred to Special Committee, Messrs. Howell, Watts and Blackwell.

     THE PRESIDENT--I refer that to Committee on Providing Religious Exercises for this Convention. (Laughter.)

     MR. HOWELL--I move that it be referred to the Committee on Military. (Laughter.)

     By Mr. Wilson (Clarke):

AN ORDINANCE

     To define the qualifications of voters in primary elections or beat meetings.

     Be it ordained, That no person shall be permitted to vote in any primary election, beat meeting, or other nominating election


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by a political party, unless such person is a qualified voter under the laws of this State.

     Referred to Committee on Suffrage and Elections.

     MR. MALONE (Henry)--I move we adjourn until 11 o'clock tomorrow morning.

     MR. LOMAX (Montgomery)--Please withdraw that motion for a moment.

     Motion of Mr. Malone withdrawn.

     MR. LOMAX--I ask leave of absence for myself beginning tomorrow morning until Saturday.

     MR. SAMFORD (Pike)--I ask leave of absence for myself for tomorrow.

     MR. REESE (Dallas)--I move when this convention does adjourn, it adjourn to meet at 10 o'clock tomorrow.

     MR. deGRAFFENREID (Hale)--There will be committee meeting tomorrow morning at half past 9 which could not possibly get through by 10 and it would not be advisable to meet before 11 o'clock.

     MR. REESE--I withdraw my motion, as I understand the committees will meet.

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

     PRESIDENT--State the question of personal privilege.

     MR. ASHCRAFT--The stenographic report of the proceedings of last Saturday, in my remarks to the convention, are made to say, "I think I have the capacity and the experience which will enable me to express clearly some of the reasons why these reports should be made." I did not make that statement. I said, "I wish I had the capacity and experience which would enable me to state clearly some of the reasons why these reports should not be made."

     I am quite sure it was an oversight in the stenographer.

     PRESIDENT--The chair's recollection sustains the gentleman from Lauderdale in his recollection.

     Convention adjourned to meet at 11 o'clock a. m. May 29.


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Alabama shall be elected for four years, and that the General Assembly shall meet once in four years, unless specially called together by the Governor, and that at its sessions only general legislation shall be enacted.

     Referred to Committee on Legislative Department.

     By Mr. Thompson (Bibb):

     That Section 3 of Article 8 of the present Constitution be amended so that the same shall read as follows:

     The following classes shall not be permitted to register, vote or hold office:

     First--Those who shall have been convicted of treason, embezzlement, larceny, bribery or other crime punishable by imprisonment in the penitentiary.

     Second--Those who are idiots or insane.

     Third--No person shall be eligible to any office of profit or trust in this State or any county thereof, unless such person be of the white race; provided that negroes may be officers and teachers of negro schools.

     Referred to Committee on Education.

     By Mr. Thompson (Bibb):

     Be it ordained, That Section 8, Article 13 of the present Constitution be amended so that the same shall read as follows:

     No money shall be appropriated to or used for the support of any school, except to the University of Alabama, the Polytechnic Institute at Auburn, the Girls' Industrial School at Montevallo, or the common schools of the State.

     Referred to Committee on Education.

     By Mr. Thompson (Bibb):

     Be it resolved by this Convention, That the Committee on Education shall so frame the Article on Education that no money derived by taxation upon the property of white people shall be diverted to or appropriated for the support of any schools other than those for white children.

     Referred to Committee on Education.

     By Mr. Vaughan (Dallas):

     Whereas the Democratic party adopted a platform upon which a large majority of the delegates to this Convention were elected and


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     Whereas, it is right and proper that the provisions of said platform should be observed by this Convention.

     Therefore be it, Resolved. That there shall be inserted in any Constitution adopted by this Convention, provisions regulating suffrage so as not to conflict with the Constitution of the United States and for the best interests of the tax payers and people of the State of Alabama.

     Second, That there shall be inserted in such Constitution a provision limiting the rate of taxation by the State, counties and municipalities and that such rate of taxation shall not exceed the rate now fixed by the present Constitution, but a lower rate shall be fixed if practicable.

     Third, That the said Constitution shall not deprive any white man of the right to vote except for conviction of infamous crimes.

     Fourth, That section 39 of article 4 of the present Constitution, in reference to the removal and location of the State Capitol shall remain unchanged.

     Fifth, That the rights and privileges conferred by the present Constitution upon corporations shall not be enlarged.

     Referred to Committee on Taxation.

     By Mr. Walker (Madison):

     To regulate the mode of compensating the Clerk of the Supreme Court.

     Be it Ordained, That the Clerk of the Supreme Court shall not, after the expiration of the term of the Clerk now in office, receive to his use any fees, costs, perquisites of the office, or compensation, other than a salary to be fixed by law, which shall not equal in amount the salary of an Associate Justice of the Supreme Court as fixed by law, and shall not be increased or diminished during the term for which he shall have been appointed.

     Referred to Committee on Judiciary.

     By Mr. Walker (Madison):

     To amend Article 17 of the present Constitution.

     Be it ordained, That the following Section be inserted between Section 1 and 2 of Article 17 of the present Constitution

     Section -- Upon a ballot to be provided for use at such election the substance, subject matter or nature of the proposed amendment, shall be twice in the same language clearly indicated, followed in the one case by the word "yes," and in the other by the word "no."


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     The choice of the elector to be indicated by a cross mark before the answer he desires.

     Referred to Committee on Amending Constitution and Miscellaneous Provisions.

     By Mr. Watts:

     Local Legislation--Sec. 23, Art. 4.

     Section 23. No special or local law shall be enacted, granting a divorce; removing disabilities of minority or coviture; changing the name of any person or corporation; designating a district or districts where stock shall not run at large or where liquor or other commodity shall not be sold, or for the protection of game or fish; providing for the adoption of any child; establishing a dispensary or other like thing; incorporating a town or city; granting a charter or franchises to a corporation, association or individual; amending or confirming any charter; establishing a rule of descents and distributions; fixing any procedure in the courts of any county, different from the procedure in the courts of any other county; prescribing a jurylaw for any county different from any other county; prescribing the fees or salary of any office; exempting any person, corporation, county, or municipality from the provisions of a general law; providing for the sale of the property of individuals or of estates; or in any case which can be provided for by a law applicable to the whole State, or where the relief sought can be given by any court in this State; nor shall the operation of any general law be suspended for the benefit of any individual, corporation, or association; nor shall any individual, corporation or association be exempted from complying with the provisions of any law. The courts, and not the General Assembly, shall judge as to the construction of this section, and all local laws of the nature described now in existence are hereby avoided, except charters of cities, towns or corporations, and except acts relieving disabilities of minority and coverture, provided that no contract made in pursuance of any such law shall be affected hereby.

     Sec. 24. No law not applicable to the whole State shall be passed at all unless notice of intention to apply therefor shall have been published in the locality where the matter or things to be affected may be situated, which notice shall be given for at least one month by publication for at least once a week in some newspaper for four consecutive weeks before the time fixed by law for the assembly of the General Assembly, and the evidence of said notice having been given shall be exhibited to each house of the General Assembly and the fact of such evidence having been exhibited spread upon the journal of each House before such bill shall become a law. And no law, not applicable to the whole State, shall be passed, unless it has been submitted to a committee in each House who report that the matter cannot be, or is not, provided for in a general law, or cannot be, or is not, within the power or jurisdiction of some court.


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     Referred to Committee on Local Legislation.

     By Mr. Watts (Montgomery):

     SUFFRAGE AND ELECTIONS

     1--No person shall be entitled to vote at any election or to hold office in this State who has not been registered as an elector, as hereinafter provided.

     2--A general registration of all the voters in the State shall be taken at least four months before any general election for State officers, and a general registration of all the voters in a town or city at least one month before any election for municipal officers; but the General Assembly may provide for registration as to special election.

     3--No person shall be permitted to register unless he is a male, 21 years of age or upwards, and will have resided in this State two years, and in the precinct (if not in a town or city) or in the town or city in which he proposes to vote, six months next before the time fixed for the election.

     4--No person shall be permitted to register who has not paid all taxes legally assessed against his property prior to said registration.

     5--A poll tax of $2 is hereby fixed against every male inhabitant of this State over the age of 21 years, which poll tax shall be devoted exclusively to the public schools in the counties respectively where the same shall be paid, and no person who has failed to pay said poll tax prior to registration shall be permitted to register. The General Assembly may increase the amount of the poll tax to not exceeding $5.

     6--No person who has been convicted of treason, embezzlement of public funds malfeasance in office, larceny, bribery, or other crime punishable by imprisonment in the penitentiary shall be permitted to register.

     7--The General Assembly shall provide stringent laws for the prosecution and punishment of all persons who shall cheat at any general or special election or at any primary, convention, or other method adopted for selecting party nominees, and no person convicted of any such offense shall be permitted to register.

     8--The General Assembly shall provide stringent laws for the prosecution of all persons who shall buy, sell, barter, or offer to sell, buy, or barter any vote at any general or special election, or at or before any primary, convention, or other method adopted for selecting party nominees and no person convicted of any such offense shall be permitted to register.

     9--No person, although otherwise qualified as an elector under this constitution, shall be entitled to register, vote, or hold office in this State, or in any sub-division thereof, who was not, or whose father or grandfather was not, prior to January 1st, 1861, entitled to vote in some State or Territory, unless since January 1st, 1861, he has been naturalized as a citizen


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of the United States; Provided, this section shall not apply to any person whose assessed taxable property amounts in value as assessed to $1,000 or more.

     10--It shall be unlawful for any person while holding any office under this State or any sub-division thereof, or under the United States, to directly or indirectly ask for, accept, or use, for himself or another, any pass or free transportation or transportation upon terms different from those open to the public generally on any railroad, steamboat or other common carrier. The General Assembly shall provide for the prosecution of all such persons, and no person convicted of any such offense shall be permitted to register.

     11--Every person before being permitted to register, shall be required to sign an oath to the effect that he is qualified to register under this constitution, and that he is not disqualified under any provision of this constitution from registering, and further that while holding any office under this State, or any sub-division thereof or of the United States, since the ratification of this constitution, he has not accepted or used any pass or free transportation upon terms different from those open to the public generally, issued to him or for his use by any railroad company, steamboat company, or other common carrier.

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

     13--Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, or while going to or returning therefrom.

     14--The General Assembly shall pass laws, not inconsistent with this Constitution, to regulate and govern elections in this State, and all such laws shall be uniform throughout the State.

     15--It shall be the duty of the General Assembly to pass adequate laws giving protection against the evils arising from the use of intoxicating liquors at elections.

     16--Returns of elections for all civil officers who are to be commissioned by the Governor, except Secretary of State, State Auditor, State Treasurer and Attorney General, and for members of the General Assembly, shall be made to the Secretary of State.

     17--The General Assembly shall provide adequate means for the trial of the right to register, and all such cases shall be given precedence in the courts.

     18--Every person who shall knowingly swear falsely to obtain registration shall be guilty of perjury and shall be punished on conviction as the General Assembly shall provide for the punishment of the crime of perjury generally.

     Referred to Committee on Suffrage and Elections.

     By Mr. Whiteside (Calhoun):


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CONSTITUTIONAL CONVENTION, 1901

     Be it ordained by the people of the State of Alabama in convention assembled, That no person shall be eligible to the office of State or County Superintendent of Education in this State who does not hold, or is unable to obtain, a first grade certificate from the State Board of Examiners of Teachers.

     Referred to Committee on Education.

     By Mr. Williams (Marengo):

     Be it ordained by the convention, That the Committee on Judiciary so draw an ordinance that the office of Justice of the Peace be abolished in every incorporated town, village or city.

     Referred to Judiciary Committee.

     By Mr. Williams (Marengo):

     Resolved, That the Special Committee commonly called and known as the Religious Committee, and composed of Delegates Howell, Watts and Blackwell, be and they are hereby requested to investigate and specially report as to the correctness of The Mobile Register's position as contained in the following editorial,
dated May 26, 1901:

     "The Constitutional Convention has formally decided that it is not good form to say Rev. ------, and has ordered the minutes to read Rev. Mr.------ . The alternative style is said to be the use of Rev. before the surname, with the given name stated or indicated. Rev. G. L. ----- , therefore, is proper, according to the Constitutional Convention. The Convention has hit it wrongly. There is no merit in Rev. G. L.----- , if Rev.----- , is wrong. To say Rev. George Johnston is no better in style than to say Rev. Johnston. Best usage is to precede the title with the definite article in case the Christian name is omitted. The insertion of the Mr. simply doubles the title without adding strength to the expression.

     Referred to Special Committee, Messrs. Howell, Watts and Blackwell.

     THE PRESIDENT--I refer that to Committee on Providing Religious Exercises for this Convention. (Laughter.)

     MR. HOWELL--I move that it be referred to the Committee on Military. (Laughter.)

     By Mr. Wilson (Clarke):

AN ORDINANCE

     To define the qualifications of voters in primary elections or beat meetings.

     Be it ordained, That no person shall be permitted to vote in any primary election, beat meeting, or other nominating election


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by a political party, unless such person is a qualified voter under the laws of this State.

     Referred to Committee on Suffrage and Elections.

     MR. MALONE (Henry)--I move we adjourn until 11 o'clock tomorrow morning.

     MR. LOMAX (Montgomery)--Please withdraw that motion for a moment.

     Motion of Mr. Malone withdrawn.

     MR. LOMAX--I ask leave of absence for myself beginning tomorrow morning until Saturday.

     MR. SAMFORD (Pike)--I ask leave of absence for myself for tomorrow.

     MR. REESE (Dallas)--I move when this convention does adjourn, it adjourn to meet at 10 o'clock tomorrow.

     MR. deGRAFFENREID (Hale)--There will be committee meeting tomorrow morning at half past 9 which could not possibly get through by 10 and it would not be advisable to meet before 11 o'clock.

     MR. REESE--I withdraw my motion, as I understand the committees will meet.

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

     PRESIDENT--State the question of personal privilege.

     MR. ASHCRAFT--The stenographic report of the proceedings of last Saturday, in my remarks to the convention, are made to say, "I think I have the capacity and the experience which will enable me to express clearly some of the reasons why these reports should be made." I did not make that statement. I said, "I wish I had the capacity and experience which would enable me to state clearly some of the reasons why these reports should not be made."

     I am quite sure it was an oversight in the stenographer.

     PRESIDENT--The chair's recollection sustains the gentleman from Lauderdale in his recollection.

     Convention adjourned to meet at 11 o'clock a. m. May 29.