SIXTY SEVENTH DAY

_______

MONTGOMERY, ALA.,

Friday, August 9, 1901.

The Convention met pursuant to adjournment, was called to order up the President.

On a call of the roll 80 delegates responded to their names.

MR. GREER (Calhoun)  I want to have some corrections made in the stenographic report. I and reported as saying we would disfranchise "the poor old man, and disfranchise his wife." I used the words "negro man." The word "negro" is left out. I am also reported as saying the best class of females could vote.  I used the word "would" "the best class of females would not


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vote." Further down I am quoted as saying "if I had less lungs."  Now, Mr. President, I said nothing like that. (Laughter.) I have not complained at the stenographers, although I have been misquoted in nearly all of the remarks I have made on the floor of this Convention, but this is so ridiculous that I am compelled to make complaint publicly. What I did say was : "If I had less love and less respect, I would not appeal."

THE  PRESIDENT  The stenographer will make note of the corrections.

The report of the Committee on Journal was read, stating that

they had examined the Journal for the sixty sixth day, and found

the same correct, and the report was adopted.

Leaves of absence were granted to the following delegates:  To Mr. Sentell of Crenshaw for today  and tomorrow; to Mr. Cobb of Macon for today and tomorrow.

Permission was given to the Committee on Order, Consistency and Harmony to sit during the session of the Convention today.

MR. COLEMAN (Greene) I have a report 

THE PRESIDENT Will the gentleman withhold his report?  We will take it up presently.

MR. SANFORD (Montgomery) I rise to a question of personal privilege. I wish to correct the stenographer's report. When I stated that there were a vast number of offices that should be curtailed in our discussion yesterday, I don't think there is any doubt that I said they were "like Siamese frogs." That is only a part of it. In speaking of the officers of municipal governments, I remarked, that they are like Siamese frogs, you never find one that you do not find two or three on his back. That sentence was left out, and in that way it says they resemble the Siamese frogs. It is not the frogs them resemble, but the number they resemble.

MR. WHITESIDE I ask unanimous consent to introduce and have read a petition, to be referred to the proper committee.

THE  PRESIDENT The Chair will entertain requests of that kind presently.

MR. DAVIS (Etowah)  I rise to a question of parliamentary courtesy. I wish to state that on yesterday I made some remarks in regard to which, in a subsequent conversation. I understood that the gentleman from Winston felt possibly the remarks might have reflected somewhat on him. The only objection I had to the course of the gentleman from Winston was the fact that after proposing the amendment he immediately made a motion for the previous question, but on my request, he immediately withdrew it and I wish to say that my remarks were not intended to be discourteous to him in any way.


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MR. GREER (Calhoun) I gave notice yesterday evening that I would move this morning to reconsider the vote whereby Section 11, as amended, was adopted, and I now make that motion.

MR. JACKSON I would like to have the amendment to the section read.

MR. COLEMAN (Greene) We have had this report of the Committee on Suffrage and Elections ever since yesterday afternoon, and it seems to me it is a privileged question.

THE PRESIDENT Will the gentleman from Calhoun suspend his remarks for the introduction of the report?

MR. GREER If I will be recognized immediately after that.

MR. COLEMAN I ask to have the report of the Committee on Engrossment upon the article on Suffrage and Elections read, and the article put upon its final passage.

The report was read as follows:

SUFFRAGE AND ELECTIONS.

Section 1. Every male citizen of this State, who is a citizen of the United States, and every male resident of foreign birth, who, before the adoption of this Constitution, may have legally declared his intentions to become a citizen of the United States, twenty one years old or upwards, not laboring under any of the disabilities named in this Article, and possessing the qualifications required by it, shall be an elector, and shall be entitled to vote at any election by the people. Provided, that all such foreigners who have declared their intention to become citizens of the United States, shall cease to have the right to vote if they shall fail to become citizens of the United States after they are entitled to become such citizens.

Sec. 2. To entitle a person to vote at any election by the people, he shall have resided in the State at least two years, in the county one year, and in the precinct or ward three months immediately preceding the election at which he offers to vote, and he shall have been duly registered as an elector, and shall have paid on or before the first day of February, next preceding the date of the election at which he offers to vote, all poll taxes due from him for the year 1901, and for each subsequent year; Provided, that any elector, who, within three months next preceding the date of the election at which he offers to vote, has removed from one precinct or ward, to another precinct or ward in the same county, incorporated town or city, shall have the right to vote in the precinct or ward from which he has so removed, if he would have been entitled to vote in such precinct or ward, but for such removal.

Sec. 3. All elections by the people shall be by ballot, and all elections by persons in a representative capacity shall be viva voce.

Sec. 4. The following male citizens of this State, who are citizens of the United States, and every male resident of foreign birth who, before the ratification of this Constitution, may have legally declared his intention to be 


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come a citizen of the United States, provided, that all such foreigners who have declared their intentions to become citizens of the United States, shall cease to have the right to vote, if they shall fail to become citizens of the United States after they are entitled to become such citizens, twenty-one years old or upwards, who, if their place of residence shall remain unchanged, will have at the date of the next general election, qualifications as to residence prescribed in Section 2 of this Article, and who are not disqualified under Section 6 of this Article, shall, upon application, be entitled to register as electors prior to the first day of January, 1903, namely:

First All who have honorably served in the land or naval forces of the United States in the war of 1812, or in the war with Mexico, or in any war with the Indians, or in the war between the States, or in the war with Spain or who honorably served in the land or naval forces of the Confederate States or of the State of Alabama in the war between the States; or

Second The lawful descendants of persons who honorably served in the land or naval forces of the United States in the war of the American revolution or the war with Mexico, or in any war with the Indians, or in the land or naval forces of the Confederate States, or in the land or naval forces of the State of Alabama in the war between the States, or

Third All persons of good character and who understand the duties and obligations of citizenship under a republican form of government.

Sec. 5. After the first day of January 1903, the following persons, and no others, who, if their place of residence shall remain unchanged, will have at the date of the next general election, the qualifications as to residence prescribed in Section 2 of this Article shall be, qualified to register as electors, provided, they shall not be disqualified under Section 6 of this Article:

First Those who unless prevented by physical disability, can read and write any Article of the Constitution of the United States in the English language, and who, being physically able to work, have worked or been regularly engaged in some lawful employment, business or occupation, trade or calling, for the greater part of the twelve months, next preceding the time they offer to register, provided, that persons, who can neither read nor write on account of physical disability shall be allowed to register and vote if otherwise qualified as provided in this subdivision; or

Second The owner in good faith, in his own right or the husband of a woman, who is the owner in good faith, in her own right of forty acres of land situate in this State, upon which they reside; or the owner in good faith, in his own right, or the husband of any woman, who is the owner in good faith, in her own right of real estate situated in this State, assessed for taxation at the value of $300 or more, or the owner in good faith, in his own right, or the husband of a woman who is they owner in good faith, in her own right, of personal property in this State assessed for taxation at $300 or more; Provided, that the taxes due upon such real or personal property for the next preceding year in which he offers to register, shall have been paid, unless the assessment shall have been legally contested and is undetermined.


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Sec. 6. The following persons shall be disqualified, both from registering and voting, namely:

All idiots, and insane persons; those who shall by reason of conviction of crime be disqualified from voting at the time of the ratification of the Constitution; and those who shall be convicted of treason, murder, arson, embezzlement, malfeasance in office, larceny, receiving stolen property, obtaining property or money under false pretenses, perjury, subordination of perjury, robbery, assault with intent to rob, burglary, forgery, bribery, assault and battery on the wife, bigamy, living in adultery, sodomy, incest, rape, miscegenation, crime against nature or any crime punishable by imprisonment in the penitentiary, or of any infamous crime or crime involving moral turpitude ; also any person who shall be convicted as a vagrant, or a tramp, or of selling or offering to sell his vote or the vote of another, or of buying or offering to buy the vote of another, or making or offering to make a false return in any election by the people, or in any primary election or to procure the nomination or election of any person to any office, or of suborning any witness or registrar to secure the registration of any person as an elector.

Sec. 7. No person shall be qualified to vote, or participate in any primary election, party convention, mass meeting, or other method of party action of any political party or faction who shall not possess the qualifications prescribed in this Article for an elector, or who shall be disqualified under the provisions of this Article from voting.

Sec. 8. No person, not registered and qualified as an elector under the provisions of this Article, shall vote at the general election in 1902, or at any subsequent State, county or municipal election, general, local or special; but the provisions of this Article shall not apply to any election held prior to the general election in 1902.

Sec:. 9. Any elector whose right to vote shall be challenged for any legal cause before an election officer shall be required to swear or affirm that the matter of the  challenge  is untrue, before his vote shall be received, and any one who willfully swears or affirms falsely thereto shall be guilty of perjury.

Sec. 10. The General Assembly shall provide by law for the registration after the 1st day of January, 1903, of all qualified electors.  Until the 1st day of January, 1903, all electors shall be registered under and in accordance with the requirements of this Section as follows:

First Registration shall be conducted in each county, by a board of three reputable and suitable persons resident in the county, who shall not hold any elective office during their terms, to be appointed within sixty days after the ratification of this Constitution by the Governor, Auditor, and Commissioner of Agriculture and Industries, or a majority of them acting as a Board of Appointment. If one or more of the persons appointed by the Board of Registration shall refuse, neglect or be unable to qualify or serve, or a vacancy or vacancies occur in the membership of the Board of Registrars for any cause, the Governor, Auditor and Commissioner of Agriculture


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CONSTITUTIONAL CONVENTION, 1901

and Industries or a majority of them, acting as a Board of Appointment, shall make other appointments to, fill such Board. Each Registrar shall receive $2 per day to be paid by the State, and disbursed by the several Probate Judges for each entire day's attendance upon the sessions of the Board.  Before entering upon the performance of the duties of his office, each Registrar shall take the same oath required of the judicial officers of the State, which oath may be administered by any person authorized by law to administer oaths. The oath shall be in writing and subscribed by the Registrar, and filed in the office of the Probate Judge of the county.

Second Prior to the 1st day of August, 1902, the Board of Registrars in each county shall visit each precinct at least once, and oftener if necessary, to make a complete registration of all persons entitled to register, and remain there at least one day from 8 o'clock in the morning until sunset. They shall give at least twenty clays' notice of the time when, and the place in the precinct where they will attend to register applicants for registration, by bills posted at five or more public places in each election precinct, and by advertisement in a newspaper, if there be one, published in the county once a week for three successive weeks. Upon failure to give such notice, or to attend any appointment made by them in any precinct, they shall, after like notice, fill new appointments therein; but the time consumed by the Board in completing such registration shall not exceed sixty working days in any county except that in counties of more than one thousand square miles in area, such Board shall consume seventy-five working days in completing the registration in such counties, and except that in counties in which there is any city of eight thousand inhabitants or over, the Board may remain in session in addition to the sessions herein above prescribed, for not more than three successive weeks in each of said cities; and thereafter, the Board may sit from time to time in each of such cities not more than one week in each month and except that in the County of Jefferson, the Board may hold additional sessions of not exceeding five consecutive days' duration for each session in any town or city of nine hundred or more, and less than eight thousand inhabitants. No person shall be registered except at the county site or in the precinct in which he resides. The Registrars shall issue to each person registered a certificate of registration.

Third The Board of Registrars shall register no person between the 1st day of August, 1902, and the Friday next preceding the day of the election in November 1902. On Friday and Saturday next preceding the day of election in November, 1902, they shall sit in the court house of each county during such days, and shall register all applicants having the qualifications prescribed by Sections 2 and 4 of this Article, and not disqualified under Section 6, who shall have reached the age of 21 years after the first day of August, 1902, or who shall prove to the reasonable satisfaction of the Board that, by reason of physical disability or unavoidable absence from the county, they had no opportunity to register prior to the first day of August, 1902; and shall on such days register no other persons. When there are two or more court houses in one county, the Registrars may sit during such two days at either of such court houses they may select, but shall give ten days 


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notice, by bills posted at each of the other court houses, designating the court house at which they will so sit.

Fourth The Board of Registrars shall hold sessions at the court house of their respective counties during the entire third week in November, 1902, and for six working days next prior to the 20th day of December, 1902, during which sessions they shall register all persons applying who possess the qualifications prescribed in Sections 2 and 4, and who shall not be disqualified under Section 6 of this Article. In counties where there are two or more court houses, the Board of Registrars shall divide the time equally between them. The Board of Registrars shall give notice of the time and place of such sessions by posting notices at each court house in their respective counties, and at each voting place and at three other public places in the county, and by publication once a week for two consecutive weeks in a newspaper, if one be published in the county; such notices to be published and such publication be commenced as early as practicable in the first week in November, 1902: provided, that a failure on the part of the Registrars to conform to the provisions of this section as to notices to be given, shall not invalidate any registration made by them.

Fifth  The Board of Registrars shall have power to examine, under oath or affirmation, all applicants for registration, and to take testimony touching the qualifications of such applicants. Each member of such Board is authorized to administer the oath to be taken by the applicant and witnesses, which shall be in the following form, and subscribed by the persons making it, and preserved by the Board, namely:

"I  solemnly swear (or affirm) that in the platter of the application of ___________ for registration as all elector, I will speak the truth, the whole truth, and nothing but the truth so help me God."

Any person who, upon such examination. makes any wilfully false statement, in reference to any material matter touching the qualifications of any applicant for registration, shall be guilty of perjury.

Sixth  The action of  the majority of the Board of Registrars shall be the action of the Board. Any person denied registration shall have the right to appeal, without giving security for cost, within thirty days after such denial, by filing a petition in a Circuit Court, or court of like jurisdiction, held for the county in which he seeks to vote, to have his qualifications as an elector determined. Upon filing the petition, the clerk of the court shall give notice thereof to any solicitor authorized to represent the State in said counties, whose duty it shall be to appear and defend against the petition on behalf of the State.   Upon such trial, the court shall charge the jury only as to what constituted the become all elector at the time he applied for registration, and the jury shall determine the weight and effect of the evidence and return a verdict. From the judgment rendered, all appeal will be to the Supreme Court in favor of the petitioner, to be taken within thirty days. Final judgment in favor of the petitioner shall entitle him to registration as of the date of his application to the Registrars.


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CONSTITUTIONAL CONVENTION, 1901

Seventh The Secretary of State shall, at the expense of the State, have prepared and furnished to the Registrars and Probate Judges in the several counties a sufficient number of registration books and of blank forms of certificates of registration, and of oaths and of the notices required to be given by the Registrars. The cost of the publication in newspapers of the notices required to be given by the Registrars shall be paid by the State, the bills therefor to be rendered to the Secretary of State and approved by him.

Eighth Any elector who registers for another, or who registers more than once, and any Registrar who enters the name of any elector on the list of registered voters without such elector having made application in person, under oath on a form provided for that purpose, or who knowingly registers any person more than once, or who knowingly enters a name upon the registration list as the name of a voter without any one of that name applying to register, shall be guilty of a felony.

Section 11. The Board of Registrars, in each county, shall on or before the first day of February, 1903, or as soon thereafter as is practicable, file in the Probate Court of their county a complete list, sworn to by them, of all persons registered in their counties, showing the age of such persons so registered with the precinct or ward in which each of such persons resides, set opposed the name of such person, and shall also file a like list in the office of the Secretary of State. The Judge of Probate shall, on or before the first day of March, 1903, or as soon thereafter as is practicable, cause to be made from such list a duplicate in the books furnished by the Secretary of State an alphabetical list by precinct of the persons shown by the list of Registrars who have been registered in the county, and shall file one of such alphabetical lists in the office of the Secretary of State; for which services by the Probate Judges, compensation shall be provided by the General Assembly. The Judges of Probate shall keep both the original list filed by the Registrars and the alphabetical list made there from as records in the Probate Court of the county.

Unless he shall become disqualified under the provisions of this article any one who shall register prior to the first day of January, 1903, shall remain an elector during life and shall be required to re-register only in case of a change of residence on production of his certificate. The certificate of the Registrars or of the Probate judge or of the Secretary of State shall be sufficient evidence to establish the fact of such life registration. Such certificate shall be issued free of charge to the elector, and the General Assembly shall provide by law for the renewal of such certificate when lost, mutilated or destroyed.

Sec. 12. From and after the first day of January, 1903, any applicant for registration may be required to state under oath, to be administered by the Registrar or by any person authorized by law to administer oaths, where he lived during the five years next preceding the time at which he applies to register, and the name or names that he was known by during that period  and the name of his employer or employers, if any, during such period. Any


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applicant for registration who refuses to state such facts, or any of them, shall not be entitled to register, and any person so offering to register who wilfullv makes a false statement in regard to such matters or any of them shall be guilty of perjury.

Sec. 13. In the trial of any contested election, and in proceedings to investigate any election no person other than a defendant shall be allowed to withhold his testimony on the ground that he may incriminate himself or subject himself to public infamy, but such person shall not be prosecuted for any offense arising out of the transaction concerning which, he testifies, but may be prosecuted for perjury committed on such examination.

Sec. 14. The General Assembly shall pass laws not inconsistent with this Constitution to regulate and govern elections, and all such laws shall be uniform throughout the State, and shall provide by law for the manner of holding elections and of ascertaining the result of the same; and shall provide general registration laws, not inconsistent with the provisions of this article for the registration of all qualified electors from and after the first day of January, 1903. The General Assembly shall also make provisions by law not inconsistent with this article for the regulation of primary elections and for punishing frauds at the same, but shall not make primary elections compulsory.

The Legislature shall by law provide for purging the registration list of the names of those who die, become insane, convicted of crime or otherwise disqualified as electors under the provisions of this Constitution and of any whose names may have been fraudulently entered on such lists by the registrars; provided, that a trail by jury may be had on the demand of any person whose name is proposed to be stricken from the list.

Sec. 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 all elections.

Sec. 16. 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. 17. Returns of elections for all civil officers who are to be commissioned by the Governor, except Secretary of State, Auditor, Treasurer, Commissioner of Agriculture and Industries, Attorney General, Superintendent of Education and for the members of the General Assembly shall be made to the Secretary of State.

Sec. 19. The poll tax mentioned in this Article shall be one dollar and fifty cents upon each male inhabitant of the State, over the age of twentyone years, and under the age of forty five years, who would not now be exempt by law. Such poll tax shall become due and payable on the first day of October in each year, and become delinquent on the first day of the next succeeding February; but no legal process nor any fee or commission shall be allowed for the collection thereof. The tax collector shall make returns of poll tax collections separate from other collections.


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CONSTITUTIONAL CONVENTION, 1901

Sec. 19. The legislature is authorized to raise the limit of age to which payment of poll tax is required under this Article from forty five years to not more than sixty years.

Sec. 20. Any person who shall pay the poll tax of another or advance him money for that purpose, in order to influence his vote, shall be guilty of bribery and punished accordingly.

Sec. 21. If any section or subdivision of this Article shall for any reason be or be held by any court of competent and of final resort, to be invalid, inoperative or void, the residue of the Article shall not be thereby invalidated or affected.

Mr. Rogers of Sumter took the chair.

THE PRESIDENT PRO TEM The question is upon the adoption of the article reported by the committee.

MR. DENT I desire to call attention of the Convention, and especially the chairman of the committee, to what seems to be an omission in this article. I beg attention for just a few minutes. In Section 2, the qualifications as to registration and payment of poll tax are provided before a party can register and become a qualified voter. Now, in Section 4, in fixing the qualifications of voters, I want to beg attention for a few moments. "The following male citizens of this State, who are citizens of the United States," etc. "who, if their places of residence shall remain unchanged will have at the date of the next. general election, the qualifications as to residence prescribed in Section 2 of this article, and who are not disqualified by Section 6." Now, the qualifications in Section 2 are nor only as to residence, but as to the payment of poll tax, and it seems to me that Section 4 is defective in not only including the qualification as to residence but the qualifications as to the payment of poll tax.

After an explanation which has been made to me, I withdraw that.

THE PRESIDENT PRO TEM The question is on the adoption of the report of the. Committee on Suffrage.

The roll was called on the final passage of the article.

MR. GRAHAM (Talladega)  (During roll call) Inasmuch as I was paired on a part of this report, I desire to explain my vote.

Consent was given.

MR. GRAHAM I was paired against what is called the grandfather clause. The majority of this Convention have decided otherwise. I desire to yield to the majority and vote aye. and pledge my support to the entire article reported by the Committee.

MR. BURNS I rise to a point of information. Is there any chance in the future to amend this suffrage article. Will there be


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an opportunity given to amend it before the Committee on Harmony.

THE   PRESIDENT PRO TEM  The Chair will state to the gentleman from Dallas that it is always in order in all bodies, to move to rescind any motion, but there will be no chance to amend this article. The only way it can be reached is to introduce a separate ordinance which would be referred to the committee, and reported by it to the Convention 

MR. BURNS I vote aye.

On the final passage of the article on suffrage and elections the vote resulted as follows:

AYES

Messrs. President,

Graham, of Talladega,

O Neill, of Jefferson,

Altman,

Grayson,

Opp,

Almon,

Greer, of Calhoun,

O Rear,

Ashcraft,

Haley,

Palmer,

Barefield,

Handley,

Parker (Cullman),

Bethune,

Heflin, of Randolph,

Parker (Elmore),

Blackwell,

Henderson,

Pearce,

Boone,

Hinson,

Pettus,

Brooks,

Hood,

Pitts,

Browne,

Howze,

Proctor,

Bulger,

Inge,

Reese,

Burns,

Jackson,

Reynolds, of Henry,

Cardon,

Jones, of Bibb,

Rogers (Lowndes),

Carmichael, of Colbert,

Jones, of Wilcox,

Rogers (Sumter),

Carmichael, of Coffee,

Knight,

Sanders,

Chapman,

Ledbetter,

Sanford,

Cobb,

Lomax,

Selheimer,

Coleman, of Greene,

Long, of Butler,

Smith (Mobile),

Coleman, of Walker,

Lowe, of Lawrence,

Smith, Mac A.,

Cornwall,

Macdonald,

Smith, Morgan M.,

Craig,

McMillan, of Baldwin,

Sorrell,

Cunningham,

McMillan (Wilcox),

Spragins,

Davis, of Etowah,

Malone,

Thompson,

deGraffenreid,

Martin,

Vaughan,

Duke,

Merrill,

Walker,

Eley,

Miller (Marengo),

Whiteside,

Eyster,

Miller (Wilcox),

Weakley,

Espy,

Murphree,

Williams (Barbour),

Fletcher,

NeSmith,

Williams (Marengo),

Gilmore,

Norman,

Wilson (Clarke),

Glover,

Norwood,

Winn,

Graham, of Montgomery,

O Neal (Lauderdale),

TOTAL  95


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NOES

Banks,

Harrison,

Reynolds (Chilton),

Beddow,

Kirkland,

Sloan,

Byars,

Kyle,

Spears,

Cofer,

Mulkey,

Stoddard,

Dent,

Oates,

White,

Foshee,

Phillips,

Freeman,

Porter,

TOTAL 19

ABSENT OR NOT VOTING

Bartlett,

Jenkins,

Robinson,

Beavers,

Jones, of Hale,

Samford,

Carnathon,

Jones, of Montgomery,

Searcy,

Case,

King,

Sentell,

Davis, of DeKalb,

Kirk,

Sollie,

Ferguson,

Leigh,

Stewart,

Fitts,

Locklin.

Tayloe,

Foster,

Lowe, of Jefferson,

Waddell,

Grant,

Maxwell,

Watts,

Greer, of Perry,

Moody,

Weatherly,

Heflin, of Chambers,

Morrisette,

Willet,

Hodges,

Pillans,

Williams (Elmore),

Howell,

Renfro,

Wilson (Washington),

PAIRS

AYES                                     NOES

Burnett,

Long, of Butler.

MR. GREER (Calhoun)  Now, Mr. President 

MR. GRAHAM (Talladega)  Will the gentleman yield to me for a moment?

MR. GREER If it does not come out of my time, I will yield.

MR. GRAHAM I wish to call attention to an error in the stenographic report. The President of the Convention called my attention to it this morning. It is at the bottom of the third column of yesterday's report. The stenographer makes ine move a reconsideration of the vote whereby the article on the judiciary was adopted, and ordered to its third reading, when it was the gentleman from Hale who made that motion. I do not desire to be court martialed for deserting my cause and I ask the correction be made.

MR. deGRAFFENREID The gentleman from Hale is very willing that the correction be made.


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I ask the gentleman from Calhoun if he will not yield to me a minute, I am on the Committee on Order, Harmony and Consistency, and that Committee is authorized to sit today during the session of the Convention. I think I know something of the purpose for which the gentleman arose, and I do not desire to interfere with him, but on yesterday, this Convention adopted Section 11 of the article on municipal Corporations, which fixesthe amount of taxes that may be levied upon property in cities and towns. There were several exceptions made in the article of certain named cities. One of the delegates to this Convention desires to except another town, and I have been requested to move a reconsideration of that article for the purpose of excepting from it the town of "Andalusia," or I ask unanimous consent of the Convention that I may be now allowed to make that motion.

THE PRESIDENT PRO TEM.  The pending business cannot be suspended unless consent be given.

MR. GREER (Calhoun) Do I understand that the Chair will recognize me as soon as that is finished.

PRESIDENT PRO TEM  The Chair will recognize the gentleman from Calhoun as soon as this is finished.

MR. deGRAFFENREID  Then I ask unanimous consent of the House that the following which I send to the Clerk s desk, shall be added as an amendment to Section 11, without going through the formality of asking for a reconsideration of the article and the adoption of the amendment.

Consent was given.

The amendment was read as follows:

"Amend Section 11 of the article on municipal corporations by adding the following:

And provided further that this section shall not apply to the town of Andalusia, which town 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 hereinbefore allowed to be levied and collected, such tax to be applied exclusively to the payment of interest on bonds of said town of Andalusia, now authorized by law to be issued, and for a sinking fund to pay off said bonds at the maturity thereof. 

PRESIDENT PRO TEM.  The question is upon the incorporation of this amendment into the section which was adopted yesterday by this Convention.

Upon a vote being taken, the amendment was adopted.

MR. JACKSON   There seems to be a great demand for copies of the article as adopted on suffrage and elections, and I


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move that 5,000 copies of that article be printed, to be laid upon the desks of members of this Convention and to be at their disposal.

PRESIDENT PRO TEM. Unless the gentleman moves to suspend the rules, this resolution will have to go to the 

MR. JACKSON  Then I move to suspend the rules for that purpose.

PRESIDENT PRO TEM The gentleman from Lee moves a suspension of the rules in order that his motion directing that 5,000 copies of the article on suffrage and elections be printed and placed at the disposition of members of this Convention may be considered.

MR. JACKSON It has been suggested to me to make it 10,000. Perhaps that would be better (expressions of dissent). Then make it 5,000.

Upon a vote being taken, the rules were suspended and upon a further vote, the motion to have 5,000 copies of the article on suffrage and elections printed and placed at the disposal of delegates of the Convention was carried.

MR. WILLIAMS (Marengo) I ask that the gentleman yield to me for the purpose of introducing an ordinance.

MR. GREER (Calhoun) One more time I yield.

Ordinance No. 446 by Mr. Williams (Marengo) was read as follows:

Ordinance No. 446, by Mr. Williams (Marengo):

To provide for indexing the stenographic report and for supplying members of the Convention therewith, and to repeal Resolution 169, touching the same matter.

Be it ordained by the people of Alabama in Convention assembled. That Resolution No. 169 heretofore passed by this Convention be and the same is hereby repealed.

Second  Be it further ordained, That the Secretary of this Convention shall immediately on the adjournment sine die of this Convention, contact with some competent and reliable person to make a complete and full index of the stenographic report of the proceedings of this Convention. and that for such services, he shall be authorized to spend not exceeding the sum of one hundred and fifty dollars ($150), and said index shall be completed within forty days after adjournment of this Convention, and shall by the Secretary be placed in the hands of a reliable printer, who shall make not less than twelve hundred (1,200) copies thereof, and the


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contract entered into with such printer shall not exceed the sum of dollars for printing the same.

The making of the index and the printing thereof shall be done under the supervision of the Secretary, who shall mail or cause to be mailed to each member of this Convention at their proper homes not less than five copies to each member, of said index, and the Secretary shill place in the stenographic reports reserved for the uses of the State, one each of said indexes.

Be it further ordained, That there is hereby appropriated any money in the State Treasury not otherwise appropriated, the sums of money mentioned above for the compensation for the services to be rendered, and when the Secretary certifies, under his hand, to the Auditor, that the work has been fully completed above mentioned, the Auditor shall draw his warrant upon the State Treasury for said amount in favor of the Secretary, who shall thereupon pay it over to the proper parties.

Schedule, Printing and Incidental Expenses.

MR. BURNS  I ask the gentleman from Calhoun to yield to me for a moment.

MR. GREER  I will yield.

MR. BURNETT  I have a petition that I ask to be read and referred to the proper committee.

The petition was read as follows:

To the Constitutional Convention, Montgomery, Ala.:

We the undersigned citizens of the State of Alabama, do hereby offer our protest against the railroad pass evil, and do hereby declare our desire that it be made an unlawful act for either State, county or municipal officials to accept railroad glasses from any railroad company, or for any such company to give such passes.

We further petition the Constitutional Convention now in session in Montgomery  to incorporate in the proposed Constitution some effective self operative provision to that end.

Evergreen, Ala., July 23, 1901.

W. D. Atkinson, attorney; E. C. Page, attorney; D. C. Whitley, farmer and merchant; D. Peagler, farmer; W. L. Wild, merchant; John Hill, merchant; M. M. Pullin, farmer; W, T. Wiggins, merchant; W. A. Burnett, merchant; G. W. Ethridge; J. M. Mason, minister; H. H. Reid, druggist; J. D. Deering, druggist; F. S. Stallworth, clerk; W. J. Bailey, gunsmith; W. H. Wild, merchant.

Referred to Committee on Corporations.


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CONSTITUTIONAL CONVENTION, 1901

MR. BLACKWELL I ask leave to introduce a similar document on free passes.

MR. GREER (Calhoun) It seems to me that I have been generous enough to the gentlemen. I would like to know how many more would like for me to yield.

MR. LONG (Walker) One over here.

MR. GREER I decline to yield any further.

PRESIDENT PRO TEM. There is one before the House now and when that is read, the gentleman will be entitled to the floor.

The petition introduced by Mr. Blackwell was read as follows:

To the Constitutional Convention, Montgomery, Ala.:

We the undersigned citizens of the State of Alabama do hereby offer our protest against the railroad pass evil, and do hereby declare our desire that it be made an unlawful act for either State, county or municipal officials to accept railroad passes from any railroad company or for any such company to give such passes.

We further petition the Constitutional Convention now in session in Montgomery to incorporate in the proposed Constitution some effective self operative provision to that end.

New Decatur and Decatur, Ala., July 23, 1901.

Claude H. Drake, printer; D. B. Morrow, city clerk; D. C. Morton, physician; S. F . Wert, attorney; A. H. R. Irons, gunsmith; J. S. Patterson, barber; G. W. Bryant, barber; W. H. Long, Jr., salesman; G. D. Williamson, merchant ; D. W. Speake, salesman; T. W. Wert, lawyer; S. A. Lynee, lawyer; W. B. Shackelford ; James James, farmer, and many others.

MR. GREER I yield to the gentleman from Walker to introduce one more. (Laughter.)

MR. LONG (Walker) It relates to woman suffrage.

Resolution No. 290 by Mr. Long of (Walker) read as follows:

By Mr. Long (Walker):

Whereas, This Convention has passed an ordinance allowing both white and colored ladies to vote, and whereas,

In Victoria a voter who is too ill to go to the polls may cast his ballot by mail. He obtains his blank ballot from the election officials through the local postmaster, fills it up in the presence of a policeman (who is not allowed to look at the name written on the slip) and posts it.


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Therefore be it ordained, That a woman may vote by making out her ballot and giving it to her husband, father, son, brother or sweetheart, who may deposit or retain the same in the ballot box, in event she does not care to deposit the same herself. Provided, any woman entitled to vote shall also be allowed to send her ballot by mail within an unsealed envelope, addressed to any one of the election managers.

PRESIDENT PRO TEM  The petition will be referred to the Committee on Woman's Rights and Suffrage, and the Chair will constitute such a committee after awhile.

MR. WHITESIDE I desire to have a petition read.

PRESIDENT PRO TEM. Will the gentleman from Calhoun yield.

MR. GREER  I give notice that this is the last time that I will yield. (Laughter.)

Petition was read as follows:

To the Constitutional Convention, Montgomery, Ala.:

We, the undersigned citizens of the State of Alabama, do hereby offer our protest against the railroad pass evil, and do here by declare our desire that it be made an unlawful act for either State, county or municipal officials to accept railroad passes from any railroad company, or for any such company to give such passes.

We further petition the Constitutional Convention now in session in Montgomery to incorporate in the proposed Constitution some effective, self operative provision to that end.

Anniston, July 23, 1901.

J.  L.  Wikle, druggist; A. F. McGhee, lawyer; Anniston Cordage Co.; H. D. McCarty, A. W.. P. Acker, attorney; Ross Blackman, attorney; E. F. Crook, Probate Judge; T. W. Ogletree; G. E. Cater, merchant; Joseph Saks, merchant; J. J. Willetts, attorney; E. E. Elam, druggist; H. S. Miller, druggist; Lucien Keith, lawyer and many others.

Referred to Committee on Corporations.

MR. DUKE  I ask the gentleman to yield for a moment.

MR. GREER  Mr. President, I dislike to be discourteous, but  

MR. DUKE  I just wanted to make a motion that the gentleman be allowed to proceed without further interruption.

PRESIDENT PRO TEM  Does the gentleman yield for that purpose?


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MR. GREER Certainly.

PRESIDENT PRO TEM.  The gentleman from Calhoun will now proceed with his remarks.

MR. WADDELL I rise to a point of order. The gentleman from Calhoun has had the floor for more than thirty minutes.  (Laughter.)

PRESIDENT PRO TEM. The gentleman from Calhoun has been endeavoring to get the floor for the past thirty minutes. (Applause.)

MR. GREER I have but little to say on the motion to reconsider this morning. I made the point yesterday afternoon that a man who has $500 worth of property and is a grand rascal, who hides behind his wife, to keep from paying his debts by putting the property in her name, would have two votes whereas a man with $500,000 worth of property who pay his honest obligations would have but one; and I make the point this morning that a rascal with $5,000 worth of property and who had six or seven daughters, and a wife could give to each five or six hundred dollars worth of property, and he would leave eight or ten votes on the proposition.

Some one suggests that some grand rascal will come along and marry the daughters and that will make it still worse, because the grand rascal who married the daughter would vote, the husband would vote, and the wife would vote, and there you would have fifteen or sixteen votes with that property against an honest man who owned five hundred thousand or a million dollars worth of property.

I believe I state the truth when I say that no living man today on earth has more respect or greater admiration or more regard for womanhood than I have. No man walks on God's green earth that would want to see her develop higher and higher than myself, for good women are akin to the angels of heaven, but I insist that to put the suffrage in their hands would be to lower the standard of womanhood. There is a gentleman on the floor of this Convention who has a letter to be read that speaks ten thousand times louder, and in more thunderous tones than I could speak, and I yield part of my time to the gentleman from Lauderdale, Mr. O'Neal, to read that letter and submit some remarks on the subject.

MR. O'NEAL (Lauderdale) This Convention has shown by its course in the past that it is always ready to correct its action when convinced that an error has been committed. Earnestly impressed with this conviction and that the Convention erred in adopting the amendment on yesterday, I shall endeavor, as briefly as possible to present the reasons why I believe that we acted un 


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wisely. We are bound to recognize, gentlemen of the Convention, that this is a complete departure froth the custom which has existed in this State since its formation. It is a complete departure from the custom which has existed among English speaking people since the foundation of government. The first effort in behalf of woman suffrage was inaugurated by the Abolitionists of the North.  They contended that under the Declaration of Independence and under the principle that there should be no taxation without representation, that women were entitled to vote. That sentiment never had any existence in the South. After the close of the Civil War, it did receive some favor, from the Populist and Prohibition parties, but it has never been sanctioned by any of the great political parties of this country. The Democratic party always believed in the doctrine of no taxation without representation, but it believed that a woman was represented by her husband, represented by her sweetheart, represented at the gallantry of the men of the country.  Mr. President, in no age in history did any people ever create an ideal of feminine loveliness, sweetness, purity and moral beauty which surpassed that of the South, an ideal upon the continuation of which depends the preservation of the high civilization that prevails in our section.

MR. MACDONALD  I would like to inquire which sweetheart is a woman represented by? Most of them have a good many of them.

MR. O NEAL  All of them represented by all of them. They say, gentlemen, and the argument was gravely made yesterday that women should vote because there should be no taxation without representation. If that argument is sound, we ought to permit them to vote for county commissioners, vote in the elections in the county for members of the Legislature that pass revenue bills imposing burdens of taxation upon the people. The argument has been made for hundreds of years, and it has never found any lodgment among the people of the South. Suppose you adopt this amendment the next time you attend a banquet and the toast of the ladies is presented you can say here is to the ladies, once our superiors, and now through the action of the Constitutional Convention of Alabama, our equals.  They are now our superiors, and when you pass a law of this kind you bring them down to the level of a man. It has been attempted in some of the States. It was attempted in Wyoming. They had women serving on the juries in some of the Western States, and what does a Western judge say on the subject, that a defendant who was a man had no chance, was always convicted for crime unless he was guilty of murder and then through sympathy he was frequently acquitted. Women will not vote. Take Minneapolis, Minn., that city has a population 178,000 women have the right to vote on school matters and other things of that kind, and out of that large population, there were only 300 who voted. What would be the result


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in Alabama? The result in Alabama will be that more Negro women will vote than white women in this State.

MR. DENT May I ask the gentleman a question?

THE PRESIDENT Will the gentleman yield?

MR. O'NEAL  Certainly.

MR. DENT Could not this provision be so fixed that only white women could vote, it would not be a violation of the Federal Constitution I do not think that has any application except to finales.

MR. O'NEAL I am of opinion that a provision confining the right to vote to white women would be no violation of the fourteenth and fifteenth amendments. Here are some comments made a thousand years ago by old Cato, what does he say? If we pass a law of this kind, what would be the result. I fear the time might come when sentiments expressed here might be heard in Alabama.

"Woman's Rights Cato the Elder: If, Romans, every individual among us had made it a rule to maintain the prerogative and authority of a husband with respect to his own wife we should have less trouble with the whole sex. But now, our privileges, overpowered at home by female contumacy, are, even here in the forum, spurned and trodden under foot; and because we are unable to withstand each separately, we now dread their collective body. I was accustomed to think it a fabulous and fictitious tale, that, in a certain island, the whole race of males was utterly expatriated by a conspiracy of the women. But the utmost danger may be apprehended equally from either sex, if you suffer cabals and secret consultations to be held; scarcely, indeed, can I determine, in my own mind, whether the act itself, or the precedent it affords, is of more pernicious tendency. The latter of these more particularly concerns us consuls, and the other magistrates ; the former, you, my fellow citizens; for, whether the measure proposed to your consideration be profitable to the State or not, it is to be determined by you, who are to vote on the occasion. As to the outrageous behavior of these women, whether it be merely an act of their own, or owing to your instigations, Marcus Fundanius and Lucius Valerius, it unquestionably implies culpable conduct in magistrates. I know not whether it reflects greater disgrace on you, tribunes, or on the consuls; on you certainly, if you have brought these women hither for the purpose  of raising tribunal sedition; on us, if we suffer laws to be imposed on us by a secession of women, as was done formerly by that of the common people. It was not without painful emotions of shame, that I, just now, made my way into the forum through the midst of a band of women. Had I not been restrained by the respect for the modesty and dignity of some individuals among


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them. rather than of the whole number, and been unwilling that they should be seen rebuked by a consul, I should not have refrained from saying to them: What sort of practice is this, of running out into the public, besetting the streets, and addressing other women's husbands? Could not each have made the same request to her husband at home?'

"Recollect all the institutions respecting the sex, by which your forefathers restrained them and subjected them to their husbands; and yet, even with the help of all these restrictions, they can scarcely be kept within bounds. If, then, you suffer them to throw these off one by one, to tear them all asunder, and, at last, to be set on an equal footing with yourselves, can you imagine that they will be any longer tolerable?  Suffer them once to arrive at an equality with you, and they will from that moment become your superiors.  From  Livy XXXIV 2. 

The theory of Southern civilization has been that woman was queen of the household and of the domestic circle. Whenever you depart from that principle, however, you say to the fair women of the State, you must go out and mingle in politics, you must lobby with men on the streets for votes, you lower the high standard that now prevails. When you go home at night tired from your business you must sit down and discuss with your wife and daughters the question of taxation and what will be the result in this State?  The result will be the complete destruction and overthrow our cherished convictions as to woman s sphere. In this State, the highest type of civilization that the world ever produced is maintained by the system that now prevails. I heard a distinguished gentleman say that the highest type of civilization was produced under the old common law in which the existence of the wife was merged in the husband, which prevailed in this country for hundreds of years. Tell me under what system of law has women ever occupied the same high and elevated position that she occupied under the old doctrines of the common law which have prevailed in Alabama and will continue to prevail as long as we respect the high position which women ought to occupy in this State. I say, Mr. President and delegates of the Convention, in opposing this measure I am advocating the high position which women occupy. The women of the State have not demanded the vote, not a single demand comes from our mothers, wives or daughters for any such right as this. They would not exercise it if you granted it to them. They have not exercised it in other States where it was granted. In the great States of the West where it was conferred, very few, if any, of them vote except on a question of prohibition of liquor or where emotional excitement prevails. I say that since the day when Christianity elevated women to the high pedestal of refinement and refining influence which she now occupies her greatest palladium has been the chivalry and power of man. Her weakness has been her


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CONSTITUTIONAL CONVENTION, 1901

strength and whenever you put her on a common equality with man and tell her to go out in the debasing arena of politics, you lower her, you brush the bloom from the flower and put Alabama along side with the Populistic States of Wyoming, New Mexico and Colorado. I say that this amendment is absolutely antagonistic to Southern sentiment. Some taunt those who express my sentiments as not being progressive and say, that we must get away from the ideas of the old South and join hands with the populistic West, but Mr. President, I ask you where in history was a nobler type of womanhood and manhood ever produced than under the civilization of the old South? Where was hospitality more graciously bestowed? Where was there more refinement and culture, where were the women more beautiful, more refined, more lovely and lovable than the fair women of the South that grew up under these institutions. Yet they speak sneeringly of these institutions. Mr. President, it has been remarked by distinguished foreign writers that in no county in the civilized world, among no English speaking people was there more respect. reverence and deference for women than among the people of the South, and I and unwilling to take any step which might lower the high position which the fair women of Alabama have ever occupied and will continue to occupy unless we follow the false teachings of cranks and fanatics.

The President resumed the chair.

THE  PRESIDENT The time of the gentleman has expired.

MR. CUNNINGHAM I admit that the subject matter contained in amendment so far as Alabama is concerned, is an innovation. I affirm, however, that the proposition contained in the section adopted yesterday relating to this subject is in keeping with the civilization in which we live and many precedents show a successful operation. I undertake to say that this is a question of justness, fairness and right, and that it cannot be answered or refuted by oratory, rhetoric and painting. The gentleman from Lauderdale may bring to bear upon this subject all the rhyme and poetry from David to himself, he may clothe it in all the oratorical flourishes and lines of beauty, and vet not answer the argument ; he may have the genius of Raphael and with the aspiration to ennoble and glorify the beauty and chastity and honor of Southern womanhood, any aspiration which we all feel and which may be so great as to send him even to the skies, and as he floats to the ether he may be inspired with the genius of a Raphael, and with the tail of a comet for his brush, the rings of Saturn for his colors and with the stars for his light and the skies for his canopy. still he could not paint the beauties of Southern womanhood. I undertake to say, Mr. President, that this is a practical question which cannot be answered by such flourishes, such poetry and such painting. I undertake to say that this is a question of right, fair


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ness and justice, and that it is therefore a plain proposition of justice and not of poetry and sentiment. Why is it that a woman cannot be trusted to exercise the right to vote upon the question of the taxation of her property?  Why is it, Mr. President, that this cannot be done? It is admitted by the opponents of this proposition that she is the embodiment of virtue, and I affirm that were it not for the intrinsic virtue of womanhood, that stands as an impassable mountain of granite to preserve the civilization of the world against the passions of man, that this world would go to perdition in six weeks; they admit that her chastity stands as her greatest ennobling virtue and brightest ornament. I contend that that judgment that presides over the infant at the cradle, that teaches it, educates it, takes care of it, guides it on through youth to virogous manhood, is a judgment more exacting than a judgment required to pass upon any economic question. I undertake to say, notwithstanding their brain is a little bit smaller than that of man but the sulsi are just as deep and the convolutions just as prominent, and grey matter just as thick, and her heart is, as one to 140, while the heart of man is one to 150, and there if she lacks a little in thinking powers, in going to make up a judgment, that is going to be counter balanced by the purity of motive. It is said that women should not vote upon this question, and yet the law of the land today provides that the husband of a woman cannot mortgage his property without the signature of his wife, and if it is a homestead, the law requires that it must be separate and apart and independent from her husband, and yet the gentleman ridiculed the proposition that notwithstanding he couldn t  mortgage his property without the signature of his wife, he proposes that the porter in his household, who can read and write and pay a voluntary poll tax, can come along to the polls and impose a tax upon the property of his wife.  I say, Mr. President, that our statutes should be repealed upon this subject. If a woman is not permitted and has not the judgment and right to vote upon this subject, then I say that men should not be required to have her signature to a document that mortgages away the home. As a matter of fact, this prejudice against woman suffrage on this question, so far as taxation is concerned, has its roof in the egoism of masculine presumption and self constituted prerogative, and there is absolutely no argument against it.   The gentleman read from Wyoming, and I will also read from Wyoming, a resolution passed by the House of Representatives by a unanimous vote: "Be it resolved by the second Legislature of the State of Wyoming, that the possession and exercise of suffrage by the women in Wyoming for the past quarter of a century has wrought no harm and has done great good in many ways; that it has largely aided in banishing crime, pauperism and vice from this State, and that without any violent or oppressive legislation; that it has secured peaceful and orderly elections, good government, and a remarkable degree of civilization and public order; and we point


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with pride to the facts that after nearly twenty five years of woman suffrage, not one county in Wyoming has a poor house; that our jails are almost empty, and crime, except that committed by strangers in the State, are almost unknown; and, as a result of experience, we urge every civilized community on earth to enfranchise its women without delay."

Now, I want to call your attention, Mr. President, to a sentiment from the East, and I read from "The New York Herald: "It is absurd that an educated American woman who owns, property should have no voice as to how or by whom it shall be taxed, while illiterate laborers who work in her fields, and who, perhaps, have not yet learned the language of the country, may vote for men and methods which will virtually confiscate her estate. The case of such women is a glaring instance of taxation without representation?

Now, I call attention to a sentiment from the great city of the West, Chicago. The Evening Post says: "The question of letting all women vote on all questions may be debatable, but the question of letting all taxpayers vote for all officers concerned with taxation hardly seems to have two sides."

So much for the sentiments of the great newspapers and the Legislature of Wyoming.

It is important that on this question we do not have to go to a Populistic State or Republican State, the successors of original abolitionists, but can come to a Southern State that was the pioneer on the question of suffrage reform. I refer to the State of Louisiana, and I will read a part of that Constitution: "The Louisiana Constitutional Convention extended the suffrage to women in all cases, where a special tax for public improvements is submitted to the property owners. All women owning property and paying taxes thereon are entitled to the same voting privileges at these elections as men."

That, Mr. President, I presume, is not Populistic, nor is it the product of evolution of Republicanism, but from a sister Southern State, a State characterized by its Bourbon, simon pure Democracy ; a State whose Southern civilization is on par with any State in the galaxy of Southern State, and, therefore, Mr. President, it meets with the approval of precedent on that line. I will read a little further:    "That this is right and equitable, a moment's consideration will show. The women owning property have their full share of the tax to pay, and they should certainly enjoy the privilege of saying whether or not they should be taxed."

But not only are the arguments in favor of woman's suffrage granted by the Louisiana Convention strong in point of equity and justice, but actual experience proves the Convention to have


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been right in what it did. The first test of this limited woman's suffrage in Louisiana, made at the sewerage and drainage tax election in New Orleans, was strongly in its favor. The women went into the campaign in an admirable spirit, discussed the issues intelligently and broadly, and much of the success was due to their influence and their work. They aided materially in securing the tax and thus assuring improvement, sanitation, health and prosperity of New Orleans, after this experience, no one can be found in Louisiana today who would change one iota of this provision of the Constitution or who opposes this form of limited woman suffrage.

If the Alabama Convention will consult Louisiana on this point, and be guided by its experience, it will follow the Louisiana Constitution and grant all women owning property the same right to say whether their property should be taxed for public improvements as the men enjoy. It will give the women of Alabama an opportunity to prove their public spirit and to use their best efforts to build up the prosperity of their State. 

This is not only a declaration after this provision of the Constitution was adopted, based upon experience, but it is a voice that comes from an extreme Southern State to authorize the same privilege to women who own property in the State of Alabama. I am informed by two classical gentlemen on this floor I have reference to the gentleman from Montgomery, Mr. Macdonald, and the gentleman from Talladega,  Mr. Browne that it has been the custom in England to grant limited woman suffrage upon the question of education. That being the case, it seems that the very home of our civilization, the mother-country from which we are descended, the great Anglo Saxon spirit of the age, authorizes this procedure that we desire in Alabama.  Men who claim to be intelligent and patriotic deny right, justice and equal privileges to women who pay taxes to say whether or not she shall have that tax imposed upon her.  I move to lay the motion to reconsider upon the table.

MR. LONG (Walker) Will the gentleman please withdraw that motion?

MR. CUNNINGHAM It is insisted that I do not withdraw, but I never have much sympathy with the little boy who ate up all the candy and said that he did not love it, and I withdraw the motion to lay on the table. (Laughter.)

MR. LONG (Walker) I am very glad the gentleman is so kind, because he made such an eloquent speech, and instead of jumping from Alabama to Kansas as he should have done, he jumped up among the stars and used such big words as "Constantinople," and it is difficult for any one to answer him. (Applause.)


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Seriously speaking, I think this is the straw that will break the camel's back. I am serious upon this proposition. At last am I face to face in Alabama with what I feared was coming, the time when women would vote; when my wife would go to the polls and kill my vote, and give me no peace because she could not vote me. You are going to allow negro women to vote the same as white women. This is the entering wedge. You may talk about mortgaging your property as much as you please, they have no more right to vote upon the proposition of issuing bonds than they would have as stated by the gentleman from Lauderdale, to vote upon any other proposition. I think the time has come, Mr. President, when we should change the name of Alabama. It should not be said, "Here we rest," for here there will be no rest (applause), with such "men" as Carrie Nation and others, with hatchets, parading our streets. You will come to it in Alabama, for this will be but a shining mark, and invitation to all the women cranks in the United States to assemble here.  Mr. President, rather than have that, I would take any plank that has been proposed here to be put in the Constitution. The best women in Alabama don't want to vote, and the reason today that Southern women so outshine any other people in the world for beauty and virtue is because they stay at home and do not try to make themselves masculine in the affairs of this world. (Applause.) Why, gentlemen, our mothers never thought of such things. Our men have always been able to run this country. It is the men of the country that do the fighting in time of war, and should vote in time of peace, and have peace when they vote. (Laughter.) I do not want to go home and explain to my wife why I cast a vote. My wife could vote under this proposition and if I couldn't vote her I would think that I had no influence over her, and she would, no doubt, think she had no influence over me, and there would be a row that would start in North Alabama, the echoes of which would reach to the Gulf. (Loud applause.)

It is indeed a fine proposition to let the women go up and vote. Why, I know of three or four, less than half a dozen women, in my town now, and we can hardly hold an election for their interference. You give them the right to vote, and I tell you, they will stand by the polls, and talk about the dark days in Alabama when the negroes were intimidated, and when the shot gun ruled, but they will intimidate every white voter in that town, and you have to run away from the polls or vote their way. (Laughter.) That will be the result gentlemen.

The men in Alabama own ninety five or ninety eight per cent of all the property in Alabama. I respect women, but it is the man's business to make a living for them, and the man is a villian that does not do it, and he should do the voting for the household. You have no right to enfranchise one of them, because it is wrong in principle, and I tell you I never want to see the day


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when it will be written in our Constitution, when three or four women can get together and go around the polls and sing a few hallelujah song, and get a Carrie Nation hatchet and intimidate every white voter at the polls. (Laughter.) That is what they will do.

Now I appeal to this Convention seriously not to adopt this provision. It will start rows in Alabama that have never been dreamed of, and which are not half started now, and which will not end outside of the divorce courts, and a knock-down and dragout, and mixing up of fathers-in-law, brothers-in-law, who will all take in it before it is through.

You give the women the right to vote on that, and she will want the right to run for President the next day. If women want to run this country and you gentlemen think they are better qualified to do so than the men, I am willing to vote with the majority of the Convention to disfranchise every than in the State of Alabama, black and white, and turn it over to the women and let them run it. If you thing they are better qualified and that the men should not do it, show your faith by voting for a proposition like that. They have no right to vote. God never intended for them to vote. It was the Apostle Paul who said that they should keep their mouths closed in assemblies, and you could not keep their mouths closed around the polls to save their lives. (Laughter.) I hope that this Convention will not adopt such a proposition as this. We will be as Kansas and become the laughing stock of all creation. We are not called upon to pattern after Louisiana, where until a year or two ago, they had no Sunday  law. They fell from grace, and got so low down that they let women vote, and I am not surprised, when a State has no Sunday law, that she fell into such disrepute as that.

MR. CUNNINGHAM I desire to ask the gentleman from Walker, if, in all of his variegated and extensive experience 

MR. LONG  You will have to put it in plain language, Doctor. (Loud Laughter and applause.)

THE PRESIDENT The Chair will have to remind the delegates that this is not a political Convention, but a Convention of delegates of the people.

MR. CUNNINGHAM I will strike out the word "variegated" and stick to the word "experience." The gentleman understands that.

MR. LONG I think I can understand it; probably I could not spell it.

MR. CUNNINGHAM  I will ask if he has ever known one of these theoretical lovers of women to go up to the tax office and


3865

CONSTITUTIONAL CONVENTION, 1901

pay the tax of a widow, in payment of the interest on the bonds that was put there by masculine votes, in a single instance?

MR. LONG No. I cannot recall it.

MR. CUNNINGHAM Then that is what we contend for.

MR. LONG (Walker) But I do claim that we have the right to put that property there, and it is the woman's business if they are not satisfied with men's rule, to sell their property and move to some State like Kansas or Wyoming where they can run for justice of the Peace, or any other office they want.

MR. CUNNINGHAM In other words we will tax her home with labor to pay these taxes.?

MR. LONG (Walker) Minors pay taxes and so should the women, and they do not vote.

MR. COLEMAN Mr. President and gentlemen of the Convention, I will not have time in ten minutes to make the argument I would like to make upon this question. To me it is one of the most serious propositions that has been presented to this Convention, and I confess to you, that I have peen more depressed during the past night and this morning than at any time since we assembled here.

MR. O'NEAL  May I ask if the gentleman from Greene has not thirty minutes under the rule?

THE PRESIDENT The gentleman will please be in order.

MR. COLEMAN  I remember very well when the first public advocate for a Constitutional Convention was made. It was considered at my home by Governor Seay, and appeared in his address during his last term of office. From that time to this, I have continuously been at work to secure a Constitutional Convention, having in view but one great proposition. and that was the purification of the ballot box, but I confess. Mr. President, that with the burdens that you are attaching to this Constitution, it is becoming a very grave question as to whether or not it ought to be ratified, much less can be ratified. If I should not be called to order for not speaking to the issue. I would direct the attention of the delegates to this Convention to some provisions which they have already adopted, and which we will have difficulty in presenting favorably to the people, but I propose to confine my remarks just nolv to the question at issue. If we are to have a clause of this kind, it ought to be perfected.  The motion before you is for reconsideration. If it is reconsidered, then it may be amended. If not reconsidered, it must go as it is.  Now, as it stands, a woman is authorized to vote, whether she has been a resident of the city or town one day. All other qualifications require three months and two years, but in this provision,


3866                  

OFFICIAL PROCEEDINGS

it make, no difference how long she has been there, whether she moved in the day before or not, she is authorized to vote. Now, that is wrong and if you propose to have a provision here conferring upon woman the right to vote, let us reconsider and put it in perfect order.

MR. CUNNINGHAM Will the gentleman permit a question

MR. COLEMAN I will if you will let me have time to say what I have to say.

MR. CUNNINGHAM I just desire to ask the gentleman if he would vote for it, if so amended?

MR. COLEMAN I will make myself perfectly clear, if I have the opportunity.  Now, the gentleman has interrupted me.  I propose to direct your attention for a few moments to some of his remarkable statements. He is good perhaps in medicine, or surgery, but when he undertakes to teach a Convention of lawyers law, he is getting out of his province. He has stated to this Convention that a man could not mortgage his property without the consent of his wife. That is confined simply to the homestead.  A man can mortgage his property without the consent of his wife and his wife s signature simply carries with it her contingent dower interest.  If she dies, the mortgage is perfect.  It is only a homestead that she is interested in, and I mention that not as bearing on the question, but to direct the attention of this Convention to the remarks and arguments made by men on this floor, when they cut off debate in response which goes to expose the sophistry and falsity of their position. That has occurred time and time again here upon this floor. Now this is a great question.  It is one of great importance, whether or not a woman s property in a town should be represented. I for one acknowledge that it ought to be represented, and having that in view, the Committee on Taxation very carefully framed what it thought would be a proper provision and which I would have introduced yesterday, if I had had the opportunity. Now, our women are pure, just as he says, and when he said as to their qualification that their heart was as one to 140, the delegate to this Convention must remember that that has been brought about by existing conditions and not by conditions which he would inaugurate here for any man, who is honest and candid, knows that mixing in our elections will derogate from their high standing and the fine emotions which possess them. Now if this property can be represented by a vote by any provision and at the same time keep her away from politics, that would be my idea of a just law, and I think it can be, notwithstanding there are parties upon this floor, who would sneer at the proposition, nevertheless, the great purpose is to protect her property in town, and at the same time keep her from the ballot box, because the delegates of this Convention must know that when


3867

CONSTITUTIONAL CONVENTION, 1901

women interfere with elections, while the things may not transpire which the delegate from Walker has seen proper to state here, altogether, yet its tendency and influence will be to take away from them that high position which they occupy in the esteem of man. Now here is another question that ought to be considered. If the idea is to protect their property what will you do with the great amount and value of property of corporations in all of our cities and towns. They are not permitted to vote that property is not represented at all under this system, so if there ought to be representation wherever there is taxation, in order to do complete justice, the property of those corporations ought also to have a hearing. Somebody ought to be authorized to vote and represent them. Now I do not know whether or not the views which were presented and embodied here in the report of the Committee will be acceptable to this Convention, but it was with an idea to this very condition of things to have all property represented in all these special elections of this kind there should be a majority of the popular vote and the tax payers. If you had that in your Constitution, notwithstanding she was not at the polls, her property would be protected, just the same, as if she were at the polls. Now , Mr. President, I wish to call the attention of the Convention to another fact, the adoption of this amendment was in direct violation of an ordinance which has already been adopted, and reported by the Committee on Suffrage and Elections, and I do not know why the latter should be allowed to prevail over Section 8 of the Committee on Suffrage and Elections, that reads this way: No persons not registered and qualified as an elector, under the provision to this Article, shall vote at any State, county or municipal elections, general local or special, held subsequent to the general election in 1902.  Now that is already a part of the Constitution of the State. This is directly in conflict with it, and one or the other must go down. That was discussed. That is the law now. It not only has been reported and passed upon, discussed, and by a final vote this morning, made a part of the Constitution. Now, Mr. President, the impassioned delivery and impassioned declaration, I should say, of parties here, frequently sweeps people s judgment along the current and they keep not within view the real significance of what they are doing. Now I call your attention to the amendment offered yesterday evening in a flurry here that was surprising to every thoughtful, deliberative man.  You first adopted an amendment which said that all women tax payers could vote without regard to age, qualifications, habitation or whether they even resided in the State or not. It was finally amended so as to require them to be 21 years of age, and I finally got in a little amendment so that they could also, if they voted, upon obligations as well as bonds, and after that time, it was impossible to get an amendment before this body. They were impassioned and would not hear you at all. I call your attention


3868                  

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to these facts, so that the members may be more considerate in how they act and what they do. Young man for war and old men for counsel. It is doubtful whether I shall ever appear again as a public man before any audience, or in any community, but I have so much at heart in the ratification of this Constitution, that I shudder whenever unusual burdens are placed upon it. If our constituents could have been permitted yesterday evening to look into this body, they would have been mortified and would have turned their heads away. No man can doubt it. We pass from a deliberative body almost into a state of anarchy. Now, Mr. President, is there any plan upon this floor, who went before his constituents and made a proposition that he was going to favor woman suffrage. Don't you know it is in direct conflict with the general sentiment throughout the country? Cities and towns may have one view of this question, but the people of the country, and they are in a large majority, both as to voters and tax payers, would shrink back and shudder and abhor the idea of woman suffrage, and I doubt whether you will ever get the ratification of any such provision, especially when there is no necessity for it.  Just this morning coming up here, I was introduced to two gentlemen of this county, who told me that they lived out in the country. They seemed to be intelligent men. They told me that they had been with the Convention until this suffrage question was introduced, and that they would vote against it, if it was put in there.  I do not mistake the people of my county. I feel quite sure that they will be shocked at the idea of introducing into our organic law woman suffrage. I am as much all admirer of women as is any man. I desire them to occupy that place which has elevated them so much in public esteem. I do not wish them to be lowered in any way, or to be brought in conflict with the polls, and our  plans of prosecuting politics.

MR. O'NEAL I move that the time of the gentleman from Greene be extended ten minutes.

MR. OATES If I can be recognized I yield one half of my time to the gentleman from Greene.

MR. COLEMAN I would rather you would speak for yourself.

There were cries of go on, go on.

MR. COLEMAN  I do not propose to attempt to arouse your feelings in any way. I could not do it. I am not made on that style. In my own  language, I love substantial things, and reason. and argument. I have been accustomed to it, and I want to know how we shall make this innovation in our organic law, when there has not been a suggestion of it even, in all of our canvass of this State. Have we become suddenly wiser than those who sent us here. Shall we place in our Constitution here a pro 


3869

CONSTITUTIONAL CONVENTION, 1901

vision which we know public sentiment is against? How can we justify ourselves? You may go and say that the women of the town ought to be represented, and their property ought to be, and I admit it, but delegates upon this Convention, we have arranged a suffrage plank free here which will eliminate the vote that we objected to, and that was injurious to us, and will maintain in power and authority for many years to come those who have been accustomed to vote in all these matters. I hope it will be reconsidered, whether my views be adopted or not, as to the suggestion that I have made, but if you will, I put a provision in there just as we had prepared before, having in view all these things, that in these special elections incurring new obligations, issuing new bonds, it would require a majority of the qualified voters and a majority of the tax payers, you will represent every corporation, and you will represent every woman. She will be fully represented in that vote, and it will be impossible to tax her property without her voice, and you may confine it, as it ought to be confined, to special elections for cities, just as this Section we are considering provides for. She will not go into ordinary politics at all, but will be kept out of it altogether. She will maintain that purity and desire of affection which she now possesses, and which we so much admire, and which we should not take any chances of lowering. Mr. President, I do not want to trespass upon the Convention. I would like to have made a legal argument.

THE  PRESIDENT The gentleman from Montgomery will have five minutes.

MR. OATES  Mr. President, in that time of course I cannot elaborate or make any extended remarks on this question. I have seen much of the advocates of female suffrage. Year after year I have seen National Conventions of them assemble in the city of Washington, and I have heard their discussions, and have been thrown with them at the hotels, and I know what effect it has.  They scorn the main characteristics of the old Southern civilization, because our gallant men will raise their hats to a lady, and never fail to give her a seat when she has none, whether he knows her or not. (Applause.) The advocates of female suffrage and the most prominent adherents themselves despise that kind of thing.  They want perfect equality; it makes them rough and tough, and they scorn that kind of politeness on the part of men. It is, therefore, in may judgment, a degradation of woman. It is against our highest Southern civilization here, where we have the highest womanhood, the loveliest, the most intelligent and devoted of women, of any people on the face of the earth. Now, sir, I could elaborate. I made a speech in Congress, when Wyoming was knocking at the doors of the nation for admission, and I opposed her admission as a State because she had female suffrage, and it is the only State in the Union that has it in the Constitution. I just want to say this is limited time. The gentlemen claim that


3870                  

OFFICIAL  PROCEEDINGS

women should vote when she has property, because this is taxation on her property, and would be taxation without representation.  Now, if that be true in this case, I want to know if it is not true throughout, wherever any woman owns property, and should she not have the right to vote in all elections? She has the same moral right, the same argument prevails, and she ought to have universal suffrage extended to her, if we give it to her in this instance. But have not our women and their property been taken care of? How is it that woman has reached such a high estate in the South, if men have been neglected of their duties, and are disposed to burden the property of women with undue taxation, when their voices were silent? Why, sir, they have taken care of their interest in the past, and they are capable of doing it still, without this innovation. And just as sure as this innovation is made, it is the entering wedge. It is the very beginning of universal woman s suffrage. In my opinion, it is not an elevation, but a degradation of our nobler women. Woman is the queen in the household and she ought ever to be. There the best lessons are disseminated. It is her blessings upon the little ones that makes of them the noblest women and the most patriotic and bravest men in the world. They have proven it in the past, and I do not want to see any change in it. I may be called an old, fogy, but I want to adhere to those things which for a century have been proven to be good, and which have given us such a high civilization as we have in Alabama. There is no necessity for a change. Then, sir, if we are going to make this change, why don't the argument hold good that it shall become universal, and it will just as sure as we adhere to this. Some of these delegates, before they go to their graves, will see universal woman suffrage in Alabama, but the best women will not go to the polls and vote. I am persuaded, sir, that I have the honor to have a wife of that class, and I own some property and she owns a little, and I venture the assertion that if there was an election held today in Montgomery to issue bonds, and it was her privilege to go and vote she would not go a step. (Applause).

It is a mistake that gentlemen are committing. I tell you, the old beaten path that is known to be good, had hotter not be departed from, unless you are very sure it is wise and absolutely necessary. I could say a great deal more, Mr. President, but will not trespass upon the time of the Convention.

MR. O'NEAL Will the gentleman allow a suggestion? You spoke of Wyoming.   I want to read a passage here from Mr. Bryce's American Commonwealth, "As respects the suffrage in Wyoming, the evidence I have collected privately is conflicting.  One of the most trustworthy authorities writes to me as follows: After the first excitement is, over, it is impossible to get respectable women out to vote, except every two or three years, on some purely emotional question, like prohibition or other temperance legislation.  


3871

CONSTITUTIONAL CONVENTION, 1901

MR. OATES I will state in reply to that, during my service in Congress, and after that State was admitted with woman's suffrage, at the hotel where I lived, I met and knew very well the wife of the delegate from that Territory, an intelligent woman, and in conversation with her she told me that that was the truth ; that a great many of the best women did not go to the polls at all.  Why, woman lends her influence and it controls largely the action of men in elections anyway, and that is as far as she sought to participate. She is above it. It is not her sphere at all. Women are not subject to draft; they are not taken for soldiers. That is outside of their sphere. Let them be queens in the household, where they can disseminate these good, noble, patriotic lessons. I want to say one more word as to your remark about Wyoming. In the new State of Washington their had and tried female suffrage for many years, and found at last that only the most inferior class of women event to the polls and voted, and it was so embarrassing that it was finally abolished and there is no such thing there now.

MR. ROGERS Is it your opinion that one-fortieth or one-fiftieth of the women of Alabama want this.

MR. OATES I do not think they do, and if they had the privilege they would not go to the polls and vote.

MR. HEFLIN (Chambers) I simply want to enter my protest against the section that was passed on yesterday. I favor a reconsideration. I  do not see any good reason why the woman having five hundred dollars worth of property should vote, and the women with four hundred and seventy-five dollars worth, living side by side with the woman with five hundred dollars, should be disfranchised.

MR. CUNNINGHAM Can you see any difference, why a white man and a negro owning three hundred dollars worth of property should be permitted to vote and one owning two hundred and ninety-five cannot.

MR. HEFLIN  The gentleman has raised a question here that is in our suffrage plan. It is one of the plans, but there are others and through the gateway of the others we expect the white man to pass. I speak for the women of Alabama who do not want this right to vote. The gentleman has in his very eloquent manner soared from the mole-hills to the stars in his debate this morning, and had his argument ground into powder by the eloquent gentleman from Walker. He now favors allowing a negro woman owning five hundred dollars worth of property, living across the street from the proudest and most virtuous white woman in Alabama, who owns only four hundred and seventy five dollars the right to vote, to walk by her door, as she sits out on the veranda, disfranchised, and as this negro woman that holds her certificate


3872                  

OFFICIAL PROCEEDINGS

for five hundred dollars she walks up and has a voice in the laws of that city.

MR. CUNNINGHAM  Does not the gentleman advocate a proposition that the voter, negro voter, and every negro who can read and write and who has paid his poll tax can vote, upon the widow five hundred dollars of taxation.

MR. HEFLIN (Chambers) Possibly so.

MR. CUNNINGHAM It works both ways then doesn't it?

MR. HEFLIN (Chambers) No sir.

MR. COLEMAN Do not those voters refer to the politics of the State and have nothing to do with special elections?

MR. HEFLIN (Chambers) Yes sir, regular elections.

MR. MALONE Is not that because men are forced to do it?

MR. HEFLIN (Chambers) We are driven into that. Who is it among the women of Alabama that are clamoring for the right  to vote?

MR. PEARCE None of them.

MR. HEFLIN (Chambers) Are our women and wives and mothers asking for the right to vote? I say in defense of the womanhood of Alabama that they do not want the right to vote. (Applause.) There are a few cranks strolling over the State, and in other States, advocating woman suffrage among the women.  I am sorry to see it in Alabama, and there are a few cranks among the men.

MR. COFER I am one of them.

MR. HEFLIN I was not going to name my distinguished friend, but he pleads guilty to the charge, and I  let him stand convicted. Now, Mr. President, a woman in Alabama who has not five hundred dollars worth of property, it matters not how lofty the path of virtue and moral rectitude may be that usually prevails, the one of opposite character with five hundred dollars worth of property can go up and have a voice in the laws of the government of the city, whether she is a married woman or a widow. Any woman with that amount of money, five hundred dollars worth, could vote, and nine out of ten with four hundred and ninety nine dollars could not vote. Mr. President, it is wrong.  They put a premium on property and they make that the passport to the ballot box, and it is not a matter of intelligence and virtue. They turn it over to the women of the State. No good character required.

MR. ROGERS Might be a criminal. .


3873

CONSTITUTIONAL CONVENTION, 1901

MR. HEFLIN Yes, as suggested, it might be to a criminal.  They come up and exercise that right to vote because forsooth they have acquired five hundred dollars worth of property.

MR. CUNNINGHAM  Does the gentleman challenge the character of the ladies of the State of Alabama. Does that not go without examination or investigation.

MR. HEFLIN I have not challenged the character of the good women of Alabama.

MR. CUNNINGHAM That was what I understood.

MR. HEFLIN I made no such charge, but there are possibly some among the Senegambians who are not as white as snow. (Laughter.)   There is no use arguing this matter further. I think the Convention has had enough discussion. I hope the Convention will rescind the action of yesterday. I do not think that it will be the judgment of the combined wisdom of this Convention to allow this provision in the fundamental law of Alabama. I do not believe they will start out on the new line of revolution, bringing into our Constitution woman suffrage in Alabama, and I do not believe it will be the finer judgment of the conservative element of this Convention, and I hope to God it will prevail. I move the previous question.

The main question was ordered.

MR. EYSTER I call for an aye and no vote.

The call was sustained.

THE PRESIDENT As many as favor the motion to reconsider the action whereby this Convention adopted Section 7 will please say aye and those opposed no, as your names are called.

AYES

Messrs. President,

Coleman, of Greene,

Heflin, of Chambers,

Almon,

Coleman, of  Walker,

Heflin, of Randolph,

Altman,

Davis, of DeKalb.

Henderson,

Ranks,

Duke,

Hinson,

Barefield,

Eyster,

Hood,

Bethune,

Espy,

Howze,

Blackwell,

Ferguson,

Inge,

Brooks,

Fletcher,

Jones, of Bibb,

Bulger,

Freeman,

Jones, of Wilcox,

Burns,

Gilmore,

Kirkland,

Byars,

Glover,

Knight,

Cardon,

Grayson,

Ledbetter,

Carmichael, of Coffee,

Greer, of Calhoun,

Lomax,

Carnathon,

Haley,

Long (Butler),

Chapman,

Handley,

Long (Walker),

Cobb,

Harrison,

Lowe (Lawrence),


3874                                          

OFFICIAL PROCEEDINGS

Macdonald,

O Rear,

Searcy,

McMillan (Baldwin),

Palmer.

Sloan,

McMillan (Wilcox),

Parker (Cullman).

Smith, Mac. A.,

Malone,

Parker (Elmore),

Smith, Morgan M,

Martin,

Pearce,

Vaughan,

Merrill,

Phillips,

Waddell,

Murphree,

Pillans,

Walker,

NeSmith,

Proctor,

Watts,

Norwood,

Reese,

Weakley,

Oates,

Reynolds (Henry),

Weatherly,

O'Neal (Lauderdale),

Rogers (Lowndes),

Williams (Marengo),

O'Neill (Jefferson),

Rogers (Sumter).

Williams (Elmore),

Opp,

Sanders,

Winn,

TOTAL 87

NOES

Ashcraft,

Graham, of Montgomery,

Beddow,

Jackson,

Browne,

Jenkins,

Porter,

Cofer,

Kyle,

Reynolds (Chilton),

Cunningham,

Miller (Marengo),

Smith (Mobile),

Dent,

Mulkey,

Thompson,

Eley,

Pettus,

Whiteside,

Foshee,

Pitts,

Wilson (Clarke),

TOTAL 22

ABSENT OR NOT VOTING

Bartlett,

Jones, of Hale,

Selheimer,

Beavers,

Jones, of Montgomery,

Sentell,

Boone,

King,

Sollie,

Burnett,

Kirk,

Sorrell,

Carmichael, of Colbert,

Leigh,

Spears,

Case,

Locklin,

Spragins,

Cornwall,

Lowe (Jefferson),

Stewart,

Davis, of Etowah,

Maxwell,

Studdard,

Foster,

Moody,

Tayloe,

Graham, of Talladega,

Morrisette,

White,

Grant,

Renfro,

Willet,

Greer, of Perry,

Robinson,

Wilson (Washington),

Hodges,

Samford,

Howell,

Sanford,

PAIRS

AYES                                                 NOES

Norman,

Craig,

William (Barbour),

de Graffenreid,

Miller (Wilcox),

Fitts,

So the motion to reconsider prevailed.


3875

CONSTITUTIONAL CONVENTION, 1901

MR. COLEMAN I offer a substitute for the section.

THE PRESIDENT The Chair will call attention to the gentleman from Greene, that the amendment to the section is now before the Convention as amended.

MR. COLEMAN I move to reconsider the vote by which the section and amendment was adopted.

THE PRESIDENT Possibly the gentleman intends to move to reconsider the vote whereby the amendment offered by the gentleman from Dallas was adopted.

MR. O'NEAL Then Mr. deGraffenreid of Hale moved a separate section, to confine it to wornen who owned five hundred dollars worth of property.

THE PRESIDENT The Convention has not yet reconsidered the action whereby the Convention adopted the amendment offered by the gentleman from Dallas. It has merely reconsidered the vote whereby the section as amended was adopted.

MR. GREEK (Calhoun) I move that the Convention do now reconsider the vote whereby that amendment teas adopted.

MR. O'NEAL I move to reconsider the vote whereby the section as amended was adopted.

AIR. BROWNE I rise to a point of parliamentary inquiry.  The matter is now before the Convention as it was after the amendment proposed by the gentleman from Dallas, and immediately before the section as amended was adopted. Therefore the present question is upon the adoption of the section as amended by the gentleman from Dallas and it is proper now to offer a substitute for the section as amended, as is offered by the gentleman from Greene.

THE PRESIDENT It is competent to do that if the Convention desires to. The Chair merely called attention to the fact that the amendment engrafting upon women the right to vote, was still in the section.

MR. MALONE I move to table the amendment.

MR. COLEMAN I make no pretension to skill in parliamentary law, but it is clear what I want ; that is to get rid of the vote by which the amendment was adopted.

MR. CUNNINGHAM If the gentleman will permit a suggestion, I move to reconsider the vote by which this amendment relative to woman suffrage was adopted, and then move to refer it to the Committee on Suffrage.

MR. COLEMAN I do not care to do that, because the Committee has made its report to the house.


3876                                          

OFFICIAL PROCEEDINGS

MR. OATES The section as amended is before the Convention now for adoption. It is competent to offer a substitute for this section?

THE PRESIDENT The Chair has so ruled.

MR. OATES Then the question is on the adoption of the substitute.

MR. COLEMAN I want a little information. The section is  all right as reported by the Committee. I had no objection to it until these amendments were incorporated upon it.

THE PRESIDENT  Then the gentleman must move to reconsider the vote whereby the amendment offered by the gentleman from Dallas was adopted.

MR. COLEMAN Then I make that motion.

THE PRESIDENT Unless you wish to strike out the substitute and the whole section.

MR. COLEMAN  No, sir. I propose to do exactly what I said I would, if I got the opportunity.

THE PRESIDENT Does the gentleman move to reconsider the vote whereby the convention adopted the amendment offered by the gentleman from Dallas?

MR. COLEMAN Yes, sir.

Upon a vote being taken, the motion was carried.

THE PRESIDENT The question recurs upon the amendment offered by the gentleman from Dallas.

MR. COLEMAN (Greene)  I offer this as a substitute.

MR. ROGERS (Sumter) I move to reconsider the vote by which the amendment offered by the gentleman from Dallas was adopted.

THE PRESIDENT That has been done.

MR. HEFLIN (Chambers) If I am in order, I move to table the amendment offered by the gentleman from Dallas.

MR. O NEAL (Lauderdale) That has been done.

THE PRESIDENT The delegates are mistaken.  The amendment of the gentleman from Dallas is the pending question.

MR. COLEMAN I offer a substitute for the amendment offered by the gentleman from Dallas.

The substitute was read as follows:


3877

CONSTITUTIONAL CONVENTION, 1901

"To authorize the contracting of obligations or the issue of bonds mentioned in Section 7 of this Article, the same shall be first submitted to a vote of the qualified electors of said county, State, town, district or other political subdivision of the State, and voted for by a majority thereof in numbers and value of taxable property voting at such election."

MR. ROGERS (Sumter) I want to call the attention of the House to Section 17 on Local Legislation  "Authorizing any county, township, city, town or village to issue bonds or other security, except in cases in which the issuance of said bonds or other securities has been authorized by a vote of the duly qualified electors of such county, township, city, town or village, at an election held for such purpose in the manner that play be prescribed by law; provided. the General Assembly may pass special laws to refund bonds issued before the date of the ratification of this Constitution.

This section has been adopted on the Article on Local Legislation. This would be in direct conflict with it, and for that reason I move to lay the substitute and the amendment of the gentleman from Dallas on the table.

MR. MACDONALD I ask the gentleman to withdraw that motion.

MR. BROWNE In order that I may offer a resolution that will straighten the matter out, I ask the gentleman to withdraw his resolution.

THE PRESIDENT The motion is to lay Section 7, reported by the Committee, and the amendment offered by the gentleman from Dallas and the substitute offered by the gentleman from Greene upon the table.

MR. H ARRISON I call for a division of the question.

MR. MACDONALD I rise to a question of inquiry. The motion covers the substitute as reported by the Committee. I trust the gentleman will withhold his motion.

THE PRESIDENT It covers Section 7 as reported by the Committee and covers the amendment offered by the gentleman from Dallas.

MR. ROGERS I would like to ask for a reading of the section as amended, so the gentlemen can see what I have moved to lay on the table.

The section as amended was read as follows:

Sec. 7. No county, city, town, village, district or other political subdivision of a county shall have authority or be authorized


3878                  

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by the General Assembly after the ratification of this Constitution, to issue bonds, unless such issue of bonds shall have first been approved by majority vote by ballot of the qualified voters of such county, city, town, village, district or other political subdivision of a county, voting upon such proposition.  In determining the result of any election held for this purpose, no vote shall be counted as an affirmative vote, which does not show on its face that such vote was cast in approval of such issue of bonds.  This section shall not apply to the renewal, refunding or re-issuance of bonds lawfully issued, nor prevent the issuance of bonds in cases where the same have been authorized by law enacted prior to the ratification of this Constitution, nor shall this section apply to obligations incurred or bonds to be issued to procure means to pay for street and sidewalk improvement, or sanitary or storm water sewers, the cost of which is to be assessed in whole or in part against the property abutting said improvements or drained by such sanitary or storm water sewers.

No city, town or other municipality, shall make any assessment for the cost of sidewalks or street paving, or for the cost of construction of any sewers, against the property abutting on such street or sidewalks paved or drained by such sewers, in excess of the increased value of such property by reason of the special benefits derived from such improvement.

Amendment by Mr. Craig (which has been reconsidered):

"And women taxpayers."

And substitute for said amendment lay Mr. Coleman of Greene as follows:

"To authorize the contracting of the obligations or issue of bonds mentioned in Section 7 of this Article, the same shall be first submitted to a vote of the qualified electors of said county, State, town, village, district, or other municipal subdivision of the State, and voted for by a majority in numbers and valuable taxable property voting at such election."

MR. ROGERS (Sumter) I confine my motion to table to the amendments of Mr. Craig of Dallas and the substitute I propose to read the sections we have already adopted to show this is in conflict with it.

MR. BROWNE I make the point of order that the gentleman is, out of order in reading it. He is reading it for the purpose of undertaking to influence members of the Convention and he has declined to withdraw his motion.

MR. ROGERS I am not arguing it. I propose to read the section as we have adopted it. I decline to withdraw, and renew my motion to lay the substitute offered by the gentleman from


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Greene and the amendment offered by the gentleman from Dallas upon the table.

MR. ESPY And upon that I call for a division of the question.

THE PRESIDENT The question would be first on the motion to table the substitute offered by the gentleman from Greene.

MR. HARRISON I desire to call attention to the fact that the Secretary in reading Section 7 read it as though the amendment offered by the gentleman from Dallas was incorporated in it. I do not think that is a fact. That amendment has been reconsidered.

THE PRESIDENT It was read. but it has been reconsidered.

MR. HARRISON The vote by which it was adopted was reconsidered.

THE PRESIDENT Yes sir. The Chair will explain to the delegates that the amendment offered by the gentleman from Dallas is not now incorporated in the Section and it was read by the Secretary through error. Now the question is upon the motion to table the substitute offered by the gentleman from Greene.

Upon a vote being taken, a division was called for, and the motion to table prevailed by a vote of 75 ayes and 25 noes.

THE PRESIDENT The question recurs upon the motion to table the amendment offered by the gentleman from Dallas.

Upon a further vote being taken the motion to table the amendment offered by the gentleman from Dallas prevailed.

MR. ROGERS (Sumter) I move to lay the amendment offered by the gentleman from Hale on the table.

THE PRESIDENT That has not been reconsidered.

MR. O'NEAL Let us adopt the Section as amended, and upon that I call the previous question.

THE PRESIDENT The Chair will call the attention of the delegate to the fact that the amendment offered by the delegate from Hale 

MR. O'NEAL That is a separate Section.

THE PRESIDENT What is the motion with reference to this Section?

MR. O'NEAL The motion is that Section 7 be adopted as amended and upon that I call the previous question.


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MR. MERRILL I wish to make an inquiry. What has become of the amendment offered by the gentleman from Hale.

THE PRESIDENT It has been adopted as a part of this Article.

MR. MERRILL Is it a part of this Section?

THE PRESIDENT It is not a part of this Section. It was a separate Section.

MR. OATES Before the vote is taken I would like to have the proposition read again.

Section 7 was read as requested.

THE PRESIDENT The question is upon the adoption of the Section as amended. Upon that the gentleman from Lauderdale moves the previous question. 'The question is shall the main question be now put?

The main question was ordered.

THE PRESIDENT The question is upon the adoption of the Section its amended.

Upon a vote being taken, the Section as amended was adopted.

MR. ROGERS (Sumter) I move a reconsideration of the vote by which Section ,  introduced by Mr. deGraffenreid of Hale, was adopted, and I risk for a residing of that Section.

The Section was read as follows:

"No woman shall be qualified to vote at any election to determine whether bonds shall be issued by a city, town or village who is not at the time site offers to vote a bona fide resident of such city, town or village, and who does not own in her own right real estate situated in said city, town or village, assessed for taxes during the year preceding the year in which she offer to vote, at $500, or more, and no woman  shall vote at such election who is under 21 years of age."

MR. ROGERS We just laid the amendment of the gentleman from Dallas which authorized women to vote, on the table, and this being in there without their having the right to vote, would be simply that certain classes shall not vote, and would be foolish, and I move to reconsider.

Upon a vote being taken the motion to reconsider the vote by which the amendment offered by the gentleman from Hale was adopted was carried.

MR. ROGERS Now I move to lay this Section on the table.


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CONSTITUTIONAL CONVENTION, 1901

MR. CUNNINGHAM Will the gentleman yield for a moment?

MR. ROGERS No sir, we have yielded long enough.

MR. CUNNINGHAM I wanted to submit a proposition to the gentleman.

MR. ROGERS If the gentleman wants to submit a proposition to the gentleman from Sumter, he can just make it outside of the Convention hall.

THE PRESIDENT The question is upon the motion of the gentleman from Sumter to lay the Section upon the table.

Upon a vote being taken the motion to table the Section prevailed.

MR. ROGERS (Sumter) I move that the Article on Municipal Corporations be engrossed and ordered to a third reading.

MR. BROWNE I rise to a point of order. One Section of the Article on Taxation has been by the Convention made a special order to be consider with the report of the Committee on Municipal Corporations. Now I rise to a question of information.  If that Article is ordered to be engrossed and ordered to a third reading, will it then be in order when the special order of the Tax Article is up?

MR. WILSON (Clarke) I offer an amendment to the Article in the way of an additional Section.

THE PRESIDENT It seems to the Chair that a motion to amend would have precedence as the gentleman did not move the previous question.

The amendment by Mr. Wilson of Clarke, was read as follows:

"Amend by adding a new Section, as follows:

"Sec.  . The legislature may impose a privileged license or other tax, on any person, firm, corporation, or association, and relieve him or it from the payment of all other privilege or license taxes.

MR. O'NEAL (Lauderdale) I make the point of order that the Convention has already passed upon that proposition, and the only way by which it can get before the Convention is by a motion to reconsider.

THE PRESIDENT The Chair will hear from the gentleman from Clarke on the point of order.

MR. WILSON I anticipated the point of order. In Roberts rules of order on page 66, the proposition is laid down, "an


3882                  

OFFICIAL PROCEEDINGS

amendment may he inconsistent with one already adopted, or may directly conflict with the spirit of the original motion, but it must have a direct hearing upon the subject of that motion." "Just so the amendment is germane to the proposition under consideration," that is municipal corporation, "It is in order," and the fact that it conflicts directly with something we have already done, "does not keep it from being in order, but is a question to be addressed to the assembly."

In Cushings manual, we find this rule: Sec. 102. Fifth rule.  The inconsistency or incompatibility of a proposed amendment with one which has already been adopted, is a fit ground for its rejection by the assembly, but not for the suppression of it by the presiding officer, as against order; for, it questions of this nature were allowed to be brought within the jurisdiction of the presiding officer, as matters of order, he might usurp a negative on important modifications, and suppress or embarrass instead of subserving the will of the assembly."

In Reed s rules of Order, Section 161, is the following: An amendment may be inconsistent or incompatible with the words left in the bill, or with other amendment already adopted, but that is for the assemble to decide, and not for the presiding officer.  For him to pass upon such a question would be very embarrassing to the assemble, and still more so to him.  So, also, the question of constitutionality is not for him to decide.  Incompatibility, inconsistency, and unconstitutionality are matters of argument.

THE PRESIDENT The Secretary will please find the amendment to Section 6 of this Article which prohibited the issuance of privileged taxes.

MR. WEAKLEY The Convention has already adopted Section 6 of the report of the Committee on Municipal Corporations, in which it expressly states that the legislature shall have no authority to charge a person, firm or corporation a privilege or license tax for the purpose of doing business in Alabama, and prohibit the cities from charging that tax, and the amendment offered by the gentleman from Clarke states directly the converse of that proposition.

THE PRESIDENT The Secretary will read the amendment offered by the gentleman from Clarke.

The amendment was read as follows:

The legislature may impose a privilege license or other tax, on any person, firm, corporation or association, and relieve him of it from the payment of all privilege of license taxes. 

THE PRESIDENT It is very true that the question of consistency in an amendment is a question for the Convention and not


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CONSTITUTIONAL  CONVENTION, 1901

for the Chair. It is laid down lay all the authorities. Among others Mr. Mills states the same rules the gentleman from Clarke advocates, "the inconsistency or incompatibility of a proposed amendment with one already adopted may be a sufficient ground for its rejection by the Assembly, but does not justify the presiding officer in ruling it out of order," but the same author who lays down that proposition lays down the further proposition "that whatever is agreed to by an assembly either adopting or rejecting a proposed amendment cannot be altered or amended; and whatever is disagreed to cannot be moved again. There is no contradiction here of the principles laid down in paragraph 126" which the Chair just read, and which relates to the question of the inconsistency of amendments. "All amendments that can be adopted or rejected must consist of words that can be inserted or added ; or struck out; or struck out and inserted. Thus, if it be moved to insert into a proposition certain words, and the motion prevails, those words cannot afterwards be amended because they have been agreed to in that form ; so, if it be moved to strike out certain words and the amendment is rejected, those words cannot afterwards be amended, because a vote against striking them out is equivalent to a vote agreeing to them as they stand. In like manner, if it be moved to amend by inserting certain words, and the amendment is rejected, those words cannot be moved again; for they have been disagreed to by a vote ; so also, if it is moved to amend by striking out certain words and the amendment prevails, those words cannot be restored, because they have been disagreed to by a vote."

The question is simply this: That the Convention cannot be called upon continually to go over and over the same ground.  When it has acted, that can only be reached by a motion to reconsider. Here the Convention adopted a section which prohibits the State from collecting a privilege tax which exempts the corporation from municipal and county taxation. Now the proposition is to amend lay authorizing the legislature to do that identical thing. That can only be reached by a motion to reconsider. The point of order is sustained, and the amendment ruled out.

MR. WILSON (Clarke) I rise 

THE PRESIDENT The Chair does not care to hear further argument.

MR. WILSON I rise to offer an additional amendment to the article. I accept the Chair's ruling and do not care to take issue with the Chair.

Mr. Rogers of Sumter was recognized.

THE PRESIDENT  The Chair recognized the gentleman from Clarke simply on a question of information. The Chair recognizes the gentleman from Sumter, Mr. Rogers. The gen 


3884                  

OFFICIAL PROCEEDINGS

tleman from Sumter moves the previous question upon the third reading and engrossment of the article on municipal corporations.

MR. WILSON  I hope the gentleman will withdraw that motion.

MR. ROGERS I will state to the Chair that the gentleman from Sumter failed to order the previous question, because he agreed to give the gentleman froth Clarke a chance to offer an amendment and he offered that amendment, and I think the contract ends there.

MR. WILSON I want to offer another amendment.

MR. ROGERS I decline to withdraw my motion.

Upon a vote being taken a division was called for and the motion to order the previous question prevailed by a vote of 44 ayes and 38 noes.

Upon a further vote being taken the motion ordering the article on municipal corporations engrossed and to a third reading was carried.

Leave of absence was granted to Mr. McMillan of Baldwin for Saturday, Monday and Tuesday.

MR. DENT I ask to have the caption of a petition read.

The petition was read as follows:

To the Constitutional Convention, Montgomery, Ala.

We, the undersigned citizens of the State of Alabama do hereby offer our protest against the railroad pass evil, and do hereby declare our desire that it be made an unlawful act for either State, county or municipal officials to accept railroad passes from any railroad company or for any such company to give such passes.

We further petition the Constitutional Convention now in session in Montgomery to incorporate in the proposed Constitution some effective, self operative provision to that end.

J.P. Foy, banker; John W. Tullis, President Eufaula Cotton Mills; L. W. McLaughlin, bookkeeper; J. D. Holmes, merchant; I. F. Guice, merchandise broker; Z. A. Z Barnes, manufacturer mineral water; W. H. Clifton, salesman; J. Oppenheimer, merchant ; J. K. Sims, merchant, and many others.

Eufaula, July 23, 1901.

The same petition as above, identical in phraseology and signed by numerous petitioners in each instance, was received from the following places:


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CONSTITUTIONAL CONVENTION, 1901

From Columbia  J. W. Beane, farmer; J. W. Salmon, farmer ; J. M. Skipper, attorney; J. M. Kountze, capitalist, and others.

From Fort  Deposit J. E. Holmes, merchant; J. W. Riers, merchant; J. W. Hairston, salesman; L. A. Collier, farmer, and many others.

From Blocton A. H. Gentry, Justice of the Peace; W. H. Logan, attorney; A. L. Logan, attorney; T. A. McCool, merchant, and many others.

From Clayton J. L. Martin, merchant; D. G. Munn, bookkeeper; J. E. Parish, merchant; W. J. D. Anglin, salesman, and many others.

From Goodwater William Chapman, merchant; C. P. Comer, farmer; W. H. Moore, doctor; J. A. McElrath, farmer, and many others.

From Wetumpka  Frank W. Lull, lawyer; T. H. Macon, farmer; J. B. Cramby, farmer; M. J. Ramsey, clerk, and many others.

The above petitions were referred to the Committee on Corporations.

MR. CARMICHAEL (Coffee) I ask unanimous consent to introduce a petition and have it referred.

MR. HEFLIN (Randolph) I object.

MR. CARMICHAEL I move that I be allowed to introduce that petition.

MR. HEFLIN I withdraw the objection.

The petition offered by Mr. Carmichael vas read as follows:

"The Montgomery Advertiser, Daily and Weekly: The leading Alabama paper in news, influence and circulation.

Montgomery, Ala., July 5, 1901.

"Dear Sir:  I find that it will be most effective to have this petition presented to the Constitutional Convention through a member who represents your county or district. Please be so kind therefore as to forward it directly to the member your judgment determines most suitable.

"Please notify me to whom you have sent it. Respectfully yours,     

(Signed)  F. P. Glass, Sec'y."

MR. CARMICHAEL That is not a part of the petition. That was inadvertently sent in. I asked to have the petition read..

The reading continued as follows:


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OFFICIAL PROCEEDINGS

To the Constitutional Convention, Montgomery, Alabama.

We, the undersigned citizens of the State of Alabama, do hereby offer our protest against the railroad pass evil, and do hereby declare our desire that it be made an unlawful act for either State, county or municipal officials to accept railroad passes from any railroad company, or for any such company to give such passes.

We further petition the Constitutional Convention now in session in Montgomery to incorporate in the proposed Constitution some effective self-operative provision to that end.

John M. Loftin, Judge County court; H. H. McCall, dentist; John H. Wilkinson, lawyer; J. D. Patterson, merchant; C.T. Russell, merchant; W. M.  Tucker, druggist; J. L. Paulk, merchant; T. E. Stinson, farmer; Frank Knight, Farmer, and many others.

MR. LONG (Walker) There have been something less than one thousand petitions on the pass question and every one alike, and I want to make a motion that a committee of three be appointed to investigate and find out why the people all over the State send in so many petitions just alike.

MR. BROWNE Section 7 of the Article on Taxation is now up for consideration, as I understand it, as a special article.  That section is almost identical with Section 11 of the report of the committee on Municipal corporations, which was adopted yesterday.  There is also a supplemental report of the Committee on Taxation, which embraces an amendment to one section which has been adopted and a new section.  The amendment is to provide that the debt limit provided in the Article on Taxation in cities and towns shall not apply to the cities of Tuscumbia and Sheffield.  The other is an inheritance tax, or permission granted to the Legislature to levy an inheritance tax.  That supplemental report was made the special order, to be taken up and considered when the report of the committee on Taxation was up for consideration again.  Therefore, those two sections are the special order to be taken up at this time.  Now, as the report of the Committee on Taxation has been settled by the action of this Convention upon Section 11 of the Article on Municipal Corporation,  I move to lay Section 7 of the Article on Taxation upon the table.

Upon a vote being taken, the motion to table prevailed.

MR. BROWNE The next matter is an amendment to Section 10 of Article XI, reported by the Committee.  This amendment was introduced, I believe, by Mr. Kirk, and report favorable as a substitute, that this proviso should be added to Section 10; provided this section shall not apply to the cities of Sheffield and Tuscumbia.

The Convention on yesterday placed a similar proviso to an almost similar provision in the report of the Committee on Mu-


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CONSTITUTIONAL CONVENTION, 1901

nicipal Corporations. I would call upon the gentleman from Colbert to explain this proviso, but first I move its adoption.

THE PRESIDENT Is that an amendment to Section 10 of the report of the Committee on Taxation?

MR. BROWNE Of the report of the Committee on Taxation.

THE PRESIDENT And the section is before the Convention.

MR. BROWNE--The section has been adopted, but this is new matter, having been introduced as a separate section and reported back by the committee as an amendment to the section.

THE PRESIDENT It seems to the Chair it should be put into the form of a separate section if your main section has been adopted.

MR. BROWNE It could be amended by so providing that Section 10 of this Article shall not apply to the cities of Sheffield and Tuscumbia.

MR. CARMICHAEL (Colbert)  I ask unanimous consent that it be added to that section. The Convention unanimously agreed for these two cities to be excepted from the operation of that provision.

MR. BROWNE Now we come to Section 11, as reported by the Committee is a substitute for the original ordinance introduced by some member of the Convention, I have forgotten by whom. I will read it.

"The Legislature may levy a tax of not more than two and one half per cent on every one hundred dollars of the value of all estates, real, personal and mixed, money, public and private securities of every kind, passing from every person who dies, seized and possessed thereof, being intestate, or, and part of such estate, money or securities or interest therein, transferred by the intestate under the laws of this State, or by will, deed, grant, bargain, sale, or gift, made or intended to take effect in possession after the death of the grantor, devisor, or donor, to any person or persons, bodies politic or corporate, in trust or otherwise, other than to or for the use of the father, mother, husband, wife, brothers, sisters, children or lineal descendants of the grantor donor or interstate."

I do not care to discuss this permissible inheritance tax further than to say that it only applies where the inheritance or gift is to collateral kin, and remote collateral kin. It does not apply where the gift or bequest is to the father, mother, husband, wife, children or lineal descendant. It only applied to distant collateral kin.


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OFFICIAL PROCEEDINGS

MR. OATES I would like to ask a question. If the Legislature has the power to impose such a tax as you speak of, it is a special tax, isn't it?

MR. BROWNE No, sir; it is not.

MR. OATES Why?

MR. BROWNE Because all property shall be taxed alike equally.

This allows 2 1-2 per cent, and the other is a per cent. For the State and so much for the county.  This allows the Legislature to take 2 1-2 per cent. of the principal.

MR. OATES Has not the legislature the power to impose such a tax without that?

MR. BROWNE No sir, undoubtedly not.

MR. OATES Why not?

MR. BROWNE Because all taxes must be equal and alike, and this allows 2 1-2 per cent. on the corpus of the property and the other 65 mills. This allows the Legislature to take 2 1-2 per cent. of the principal. It is entirely different.

MR. WALKER (Madison) I think you will find that the Supreme Court of the United States had decided that an inheritance tax is not a tax on property but a tax on privilege of transmitting, and is not covered by any provision in our Constitution.

MR. BROWNE I have not examined the subject, but certainly it would not be equal taxation if it is a property tax.  I am not familiar with the decisions on that point.  If the gentleman from Madison is correct it may be that it is not necessary  but, for one, I would not take the responsibility of saying that under the Constitution we are about to adopt it would not be necessary.  If the Convention desired to give the Legislature the right to levy this tax, certainly this would have this effect.  I will call the attention of the gentleman from Madison to this point that if it is competent for the Legislature under our present Constitution, or the Constitution that we may adopt, to make this levy, would it not be competent for them to make it 10 per cent, and include brother and sister and children.  Then that would be a limitation, and then I am more heartily in favor of it than I was before.

THE PRESIDENT The question will be upon the adoption of the Section as reported by the Committee on Taxation.

Upon a vote being taken a division was called for, and by a vote of 55 ayes and 14 noes the Section was adopted.

MR. BROWNE Now there is only one more Section to the report of the Committee on Taxation, it is Section 5.  This is the


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CONSTITUTIONAL CONVENTION, 1901

Section with reference to county taxes. That Section was laid upon the table and ordered to be taken up and considered when the report of the Committee on Education could be taken up.  There is a provision in this Section 5 with reference to county taxation for public schools. The Committee upon Education after this matter was laid upon the table, made their report, and in their report will be found a Section almost identical with the provision in this Section as to the special tax for public schools. Mr. Ashcraft of the Committee on Education, and several other members, I believe, made a minority report of the Committee on Education, opposing that provision or that Section of the report of the Committee upon Education and reported a substitute for it. Now Mr. President and gentlemen of the Convention, it seems to me that the time to discuss the merits and demerits of the measures as reported by the Committee on Education and the substitute offered by the minority of that Committee, is when that Committee is up.  It is not necessary that that special tax provision should he considered at the time of the consideration of a Section in the Article upon Taxation on general county taxation. Now for the purpose of having the committee's report upon taxation completed and ordered to a third reading and engrossed, and with the view if it is taken from the table of immediately offering this amendment:  Strike out Section 5, line 12, all after the word "collected." That would eliminate from the Section in the Article on Taxation everything with reference to the special school tax. For the purpose of making that motion and eliminating, it from this Section, adopting this Section and making the article on Taxation complete. I move to take from the table Section    of article II. I understand the Chair has ruled when anything is laid upon the table it can be taken from the table by a majority vote when that Article is up. Therefore it will not be necessary to suspend the rule.

THE PRESIDENT The Chair would rule that a motion to take from the table is not a privileged motion.

MR. BROWNE It is not necessary, we contend, Mr. President, to move to suspend the roles, because this whole Article is up now, therefore it being up it is in order to move to take any Section from the table.

MR. ASHCRAFT As the Chair has indicated the motion to take from the table is not a privileged question. This Convention has passed a rule relating to this particular question which made it a special order for a particular time :  that is a rule of this Convention.

MR. BROWNE I made a mistake  it would be taken up at the pleasure of the Convention. I move that it be taken from the table.


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OFFICIAL PROCEEDINGS

THE PRESIDENT The gentleman from Talladega moves to take from the table Section 5 with the amendments, so that the Convention may proceed with its consideration.

A vote being taken the motion was adopted.

MR. BROWNE I call now, Mr. President, for a reading, not of the whole Section, but of the amendment; to the Section.

The Secretary read as follows:

Amendment by Mr. Cunningham: Strike out in the fifteenth line the following: Property tax payers who are,  and in the sixteenth line the following words, in numbers and in value of taxable property. 

Amendment by Mr. Merrill Strike out on fifteenth line property taxpayers who are  substitute by Mr. Merrill in line sixteen  before the word by  the letter a  and after the word majority  insert two-thirds.   Strike out in line sixteen and seventeen the words in numbers and in value of taxable property. 

MR. BROWNE I desire to call attention of the gentlemen of the Convention to the fact that all of those amendments relate to the matter that I desire to be stricken out, and there will come upon the report of the Committee on Education, in other words if we strike out from the words everything in regard to this special county tax, and those amendments relate to the special county tax, and therefore these amendments have to be laid upon the table.

A vote being taken the amendments were laid upon the table.

MR. BROWNE Now that part of this Article upon county taxation that I propose to move to lay upon the table reads as follows:

Provided, further, that for the maintenance of public schools any county may levy and collect such special tax as may be authorized, etc. 

From that on down which has to do alone with a special tax for schools, I move to strike that out all after the words provided further  in the twelfth line to the end of the Section.

The Secretary read as follows: Amend Section 5, Article XI by striking out all after the word collected  in line twelve.

THE PRESIDENT The question is on the adoption of the amendment offered by the gentleman from Talladega.

MR. GRAHAM (Talladega) I simply desire to make a statement with reference to the question.  County taxation for public schools will be considered upon the report of the Committee on Educations; the Chairman of the Committee on Taxation and myself had an understanding on that proposition.


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CONSTITUTIONAL CONVENTION, 1901

A vote being, taken the amendment of the gentleman from Talladega prevailed.

MR. BROWNE That leaves Section 5 the only remaining section of the report of the Committee on Taxation.  That is exactly as the section in the present Constitution, except that it eliminates provided, further,  that to pay any debt or liability now existing, etc.,  and after bridges or roads  roads is included, it was not in the other Constitution.  Any county may collect  is not in the present Constitution, there is no provision for collecting a special tax on roads.  Neither has a limitation upon the amount of tax that can be levied upon public roads and bridges.  In the code there is a statutory limit upon the amount that can be levied upon public buildings at one-half of the one per cent. But no limitation to the amount to be levied on roads.  Any county in the State of Alabama can, under existing law, levy ten per cent or any per cent it wants under the code for bridges.  The Committee thought it best to include roads along with bridges for which a special tax can be levied and the limit upon the amount of taxation for public buildings, bridges and roads to one- quarter of one per cent, whereas now there is no limit.  That is the only change made in that section.

THE PRESIDENT The question is on the adoption of the section as amended.

MR. WATTS Have you not made another change, which you neglected to state, in the eighth line, or bridges? 

MR. BROWNE Yes, because, as we understand, there were no such debts created that now existed for ordinary county purposes.  This is provided to pay for the construction and maintenance of public buildings or bridges. We left out or other ordinary purposes.   It was stated in the Committee there were no debts for other county purposes.

MR. KYLE What do you mean by other ordinary purposes?

MR. BROWNE I suppose in the first Constitution it meant any debts owed by any county prior to that for ordinary purposes.  As we understand it, there are no such debts.

MR. HOWZE I see attached to the report two amendments, one by Mr. Ashcraft and the other by Mr. Cornwell.  What disposition was made of them?

MR. BROWNE They were laid upon the table awhile ago.  The minority report, the amendment proposed by Mr. Ashcraft on the Committee on Education that will come up when the majority report comes up.

MR. HOWZE I did not hear that they were laid on the table.  I supposed those read were laid on the table, and others were not read.


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OFFICIAL PROCEEDINGS

MR. BROWNE  I move to lay them all on the table because they relate to this feature that I intended to lay upon the table.

THE PRESIDENT  The question is on the adoption of the section as amended.

A vote being taken the section as amended was adopted.

MR. BROWNE  I now move that Article XI, on Taxation, be engrossed and ordered to a third reading.

A vote being taken the motion was adopted.

Leaves of absence were granted as follows: To Mr. Graham of Montgomery, for Saturday; to Mr. Miller of Wilcox for tomorrow:

MR. MALONE  I ask unanimous consent to have a petition read and referred to the Committee on Corporations.

MR. HEFLIN (Randolph)  I move the Convention do now adjourn.

The motion was adopted and the Convention thereupon adjourned.

__________

AFTERNOON SESSION.

The Convention met pursuant to adjournment, there being ninety-one delegates present upon the call of the roll.

MR. EYSTER I desire to call attention to the fact that the stenographic report of the proceedings of yesterday fails to note that Decatur was included in the amendment to the report of the Committee on Municipal Corporations. I desire to have the correction made.

THE PRESIDENT  The stenographer will note the correction desired.

MR. HEFLIN (Chambers) I ask leave to introduce a short resolution.

Leave was granted.

The Secretary read the resolution as follows:

Resolution 209, by Mr. Heflin of Chambers:

Resolved, That Rule 43 of this Convention be rescinded, and that in its stead the following rule shall be adopted:

Any ordinance or resolution may be recalled from a committee by a vote of the majority of the delegates voting thereon; provided, that at the time such vote is taken, there is a quorum present in the hall.


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CONSTITUTIONAL CONVENTION, 1901

And provided, further, that when any matter is recalled from a committee, that matter shall immediately he passed upon by the Convention, and shall take precedence of all previous orders.

MR. HEFLIN (Chambers) I ask that the resolution be referred to the Committee on Rules.

THE PRESIDENT The resolution is so referred.

MR. JENKINS  I move that the privileges of the floor be extended to the Hon. C. W. Thompson, member elect to Congress from the Fifth District.

On a vote being taken, the privilege was accorded.

MR. GILMORE I have a petition to offer.

The Secretary read a petition on the railroad pass evil and the same was referred to the Committee on Corporations.

THE PRESIDENT The next order of business will be the consideration of the report of the Committee on Amending the Constitution and Miscellaneous Provision.

MR. WILSON (Clarke) Before that is gone into, I move reconsideration of the vote by which the report of the Committee on Municipal Corporations was ordered engrossed and to a third reading.

THE PRESIDENT The motion will stand until tomorrow morning immediately after the reading of the journal.

MR. WILSON I move to set as a special order immediately after the consideration of the motion just made, the question of reconsideration of Section 6 of that Article.

THE PRESIDENT It seems to the Chair a motion to reconsider that section was laid upon the table.

MR. WILSON I move, under Rule 30, to make that matter a special order.

THE PRESIDENT The gentleman from Clarke can make a motion to take from the table.

MR. WILSON Yes. sir ; immediately after the motion to reconsider the vote by which the Article was ordered to a third reading".

MR. ASHCRAFT   I rise to a point of order. A motion to reconsider is new matter when laid upon the table: a motion to take from the table is also new matter. It has no privilege, and a motion to make a motion to take from the table a special order because the motion itself is not in order, and, therefore, is not before the house and cannot be made a special order. No matter


3894      

OFFICIAL PROCEEDINGS

which is not before the house can be made a special order; it must first be gotten before the house. A motion to take from the table is not before the house, if it is not in order and the point of order made against it.

THE PRESIDENT Under what head does the gentleman consider it?

MR. ASHCRAFT Under the head of miscellaneous business ; it cannot be made until the particular order of business is reached.

THE PRESIDENT  The Chair will hear the gentleman from Clarke.

MR. WILSON  I understand the point that a motion cannot be now entered and taken from the table is well taken because our rules have prescribed an order of business, but that is the only reason a motion to reconsider section can now be entertained, because it does not fall within any of the subdivisions of Rule 22. As to miscellaneous business, which we have not reached, certainly we cannot reach it now. The only reason my motion is not in order at the present time is that Rule 22 described the order of business. I will read Section 30. "Any matter may, by a vote of the majority of the delegates present. be made the special order for any hour, which shall take precedence, at that hour, of any other business except a motion to reconsider." Now, the very purpose of Rule 30 is to obviate the difficulty which appears when the point of order raised by the gentleman from Lauderdale is raised. The reason it is not, in order because we have prescribed another order of business to obviate that. The Convention has prescribed a rule whereby this Convention if it wants to, can substitute anything else that it wants to. I move that it be made a special order immediately after the disposition of the motion to reconsider the vote, whereby the Article was ordered to engrossment and third reading.

THE PRESIDENT Does the gentleman from Lauderdale care to say anything further.  Have you examined Rule 30?

MR. ASHCRAFT Yes, it is not a matter in the mind of a member.  There is a distinction between being on the President s table and the member himself.  If on the President s table it may be made a special order under Rule 30, but that does not mean anything in the mind of a member may be made a special order, if you did you could quash and destroy Rule 22.  The matter referred to in Rule 30 is not matter on the President's table and which comes up for consideration in the regular order of business.  Why such a proceeding as that proposed by the gentleman from Clarke -the reports of committees all those things which the Convention has before it for consideration could be displaced without any suspension of the rules by a mere evasion. He says I cannot


3895

CONSTITUTIONAL CONVENTION, 1901

make the motion now, but I can make a motion to permit me to make a motion tomorrow or some other time. He admits that it is not in order now and will never be in order under our rule of business to make a motion to take from the table until he reaches the report on miscellaneous business, and yet, he argues to make a motion now to make a motion tomorrow, that tomorrow he can do it and that without a suspension of the rules.

MR. WILSON The gentleman I think does not properly appreciate the effect of putting a matter upon the table. The purpose is to temporarily lay it aside. There is a motion to reconsider Section 6 before the Convention, but the Convention peremptorily laid it aside. Now, that does not contemplate the final disposition of the question, if it did you could debate it, it is simply that the Convention will not at present consider it, will lay it aside temporarily. If you have any order of business under which it can be reached, whenever you strike that order of business you can move to take from the table. There is no such standing order under Rule 22, but under Rule 30 you can when a certain matter is reached, or at any time the Convention may see proper. It would not thwart business, but aid business, and thereby permit the Convention to expedite its own business, which I understand to be the purpose of the rule.

MR. ASHCRAFT Section 57 of  Roberts rules of order, an old edition, says:

"Instead of postponing a question to a particular time, it may be desired to lay it aside temporarily until some other question is disposed of, retaining the privilege of resuming its consideration at any time."

Section 27 in the latest edition of Robert's Rules of Order, speaking of the motion to reconsider, says: "When debatable, it (the previous question) opens up for discussion the entire subject to be reconsidered and the previous question, if ordered while it is pending, affects only the motion to reconsider. It can be laid on the table, in which case the reconsideration, like any other question can be taken from the table, but possesses no privilege. The motion to reconsider being laid on the table does not carry with it the pending measure."

In Section 1270 of the unabridged work of Cushing on the Law and Practice of Legislative Assemblies, the principle is laid down that "The motion to reconsider, though relating to the same subject already considered, is, in a parliamentary sense, a new one, both from a motion to rescind the former vote and from the subject of it."

MR. WILSON (Clarke) Do you contend that under Rule 30 that a new matter may not be made the special order for any hour.


3896                  

OFFICIAL PROCEEDINGS

MR. ASHCRAFT I contend under Rule 30, without a suspension of the rule, no motion call be made that will supersede the special order. He undertakes to take from the table a motion to reconsider which is entirely new matter. It is not in order because it is not matter before the Convention. It is not matter on the President's table, and therefore until he can get to that point, Rule 30 does not apply to it. That is the point, and the reason of the rule and why a motion is made to reconsider and lie on the table is explained in the same section of Robert's Rules of Order as follows: In Congress it is usual for the members in charge of an important bill as soon as it passes to move its reconsideration, and at the same time to move that the motion to reconsider be laid on the table. If the latter motion is adopted it is deemed a finality, as the number of bills on the calendar precludes its over being taken up except by a two-thirds vote. But this is not so in all ordinary society."

That is exactly what we have here.  He seeks by indirection to suspend the rule and get new matter before this convention which he admits is not in order, by the very device of saying I will make a motion today to make matter which is not before this Convention the special order for tomorrow.  That is the point which I hope I have been able to make clear.

MR. WILSON (Clarke) In answer to that which he read from Robert s Rules of Order, the President will see in Reed s Parliamentary Rule that Reed says that that is anomaly in the House of Representatives; that is, a motion to reconsider a motion  to table cannot be taken from the table.

THE PRESIDENT That is peculiar to Congress.

MR. ASHCRAFT Cushing says that it is peculiar to all legislative assemblies; that there is no reason for it in certain other classes of societies, but as to legislative assemblies, it is a necessity in the natural order of things.

THE PRESIDENT The Chair will suggest this to the gentleman from Lauderdale: when the report of any of the standing committees comes before the Convention, the report of the Committee on Suffrage and Elections, for instance, the regular order would be for that report to lie on the table, and be printed and taken up when reached, and yet we have in the practice of the Convention entertained the motion that reports of these committees should be made special orders.  When the report of the Committee on Executive Department came in, the Chairman moved that it be made the special order for consideration immediately after the call of the roll of standing committees.  The same practice was pursued with reference to the report of the Committee on Legislative Department and other reports of standing committees.


3897

CONSTITUTIONAL CONVENTION, 1901

MR. ASHCRAFT I am sorry I was not able to make myself understood by the President. These are matters on the President's table, and matters in the custody of this Convention and provided for by Rule 30. But take this illustration: Suppose while the House had under consideration a report of a standing committee, that I should propose an ordinance, and the point was raised that the introduction of the ordinance was not then in order, because the House was then considering the report of a standing committee, could I then evade the rule and be heard to move that I be allowed to introduce the ordinance tomorrow by proposition to introduce the ordinance does not make it a matter before the House, and Rule 30 does not attach to the effort. The proposition to introduce and the motion to fix a time when I may introduce are both out of order, because the regular order is under consideration, and I would have no right to displace the regular order with either motion, because it is not a matter before the House.  Whenever any resolution or ordinance gets on the President's desk, or, in other words, has been once entertained by the House, it is a matter then in the possession of the House, and Rule 30 attaches to it and not before that: but in order to get any new matter before the House, it must be proposed in the regular order, or the rules must be suspended. That must be done by a two thirds vote of the House.

THE PRESIDENT Rule 30. that the delegate from Lauderdale refers to, does not seem to be confined to the reports of the committees and of ordinances. It says and matters may, by a vote of the majority of the delegates present, be made a special order.

MR. ASHCRAFT The point I make is this: The motion to take from the table, and the motion to fix a time when a motion to take from the table may be made are both out of order and cannot displace the regular order without a suspension of the rules, to make any motion in reference to any matter that is not pending before the House. He may move to suspend the rules, if he gets two-thirds, for there is a provision for motions to suspend the rules, but there is no provision here whereby he may make a motion to take from the table, and there is no provision whereby he may make a motion about a new matter to set some particular thing up before the Convention for a particular day.

THE PRESIDENT It occurs to the Chair that the motion of the gentleman has much more force against his right to make a motion than against his right to have it made a special order after he makes the motion and the motion is entertained. The Chair will reverse the ruling on the question, as it is somewhat novel, and announce the ruling later. The special order will be the report of the Committee on 


3898                  

OFFICIAL PROCEEDINGS

MR. CARMICHAEL I rise to a question of personal privilege. This morning, inadvertently with the petition sent up by me to the Chair, there was a circular letter, or something of the sort, I do not remember exactly, I just glanced at it slightly, contained in the same envelope. I inadvertently drew it out with a petition, and it was sent to the Secretary's desk and he read it.  I attach no blame to the Secretary, but I regret the occurrence, as although they came in the same envelope to me, I am satisfied that it was not intended that the letter should be read. It was nothing of a private nature to me, and I feel that it was no breach of trust on my part, but I wish to set myself right in this matter.  I regret very much that it occurred, and I would ask, although the precedent may not have been established, that it be withdrawn from the official stenographic report of the Convention.

THE PRESIDENT  The gentleman asks unanimous consent to be permitted to withdraw the letter.

Objection was made.

MR. MALONE I move that he be allowed to withdraw it.

MR. LONG (Walker) Mr. President, sometimes you put a witness on the stand and even the witness gives away things detrimental to his interests and beneficial to the prosecution, but there is no rule of law by which he can withdraw that, even from the jury or anywhere else. This is not a correspondence of a private character, but it is a correspondence, as I understand it, which is going all over the State of Alabama. Now the poor old Legislature was cursed and abused all over the State by all the newspapers for having suppressed certain things and for not bringing certain resolutions before the public, and the public of Alabama, on certain matters, should know everything connected therewith. I would be the last man in this world to object to anything of a private nature. No doubt the motives of the gentleman from Coffee are pure. No doubt he thinks he has violated some sacred trust. No doubt he is friendly to the newspapers or someone else, but this is now a matter of public record, and it is a matter in which the public of Alabama is interested, and I for one seriously object to its being withdrawn. I can see no good reason why he should withdraw it. We want the facts, the whole facts; the truth, the whole truth, and nothing but the truth, on public matters, and I cannot see how it will hurt anybody. It is not a private letter, but it is a letter relating to the pass evil, and certainly, nobody should object to its going in the stenographic report, and hope the gentleman will not insist on it, and before that is done, I insist on that aye and no vote being taken on it.  The people of Alabama should know the facts and the full facts. It is just as much Convention property as the petition itself.

MR. JACKSON  I make the point of order that the rules would have to be suspended before he could withdraw it.


3899

CONSTITUTIONAL CONVENTION, 1901

MR. MALONE The gentleman from Coffee states that this letter, which was a private letter, was sent up by mistake, and the Convention has no right to anything, that is all error or mistake.  As far as the information in it is concerned, it is now common knowledge to delegates. 'There can be no harm, and simply puts the delegate in bad light, and I make the point of order that practically it does not belong to this Convention when it was put there through mistake.

MR. CARMICHAEL I will state, if I am allowed, it was not in the nature of a private letter. It was not a letter to me, but a letter which I presumed had been with the petition. I never looked at the petition carefully. I had seen several of them before, and had seen some similar letters before, and I never read the letter prior to its being sent to the reading desk. My friend from Henry was kind, but I will state it was not a private letter, and appeared to be a printed letter. I would like to be set right about it.

MR. HEFLIN (Chambers) I call for a reading of the letter.

MR. OATES I desire only a word or two. I think that the delegate from Coffee, who is a most exemplary and excellent young man, states that he wishes to withdraw the paper, and I think that it is entirely due him that he should be allowed to do it.

MR. HEFLIN (Chambers) It seems that the letter has been read to the Convention, and the gentleman's explanation about it, I think, is sufficient. I think it is the property of the Convention now, and ought to remain in the stenographic report. I would like to hear the letter read, and I ask for a reading of the letter.

THE PRESIDENT The letter was read this morning.

MR. HEFLIN I heard it, but the gentlemen behind me did not.

MR. JACKSON I insist upon my point of order.

THE PRESIDENT The Chair is not prepared to rule just now.

MR. BANKS  I move that the Secretary requested not to read the letter. It is private property, and does not belong to the Convention, and I make a motion that the Secretary be required not to read the letter.

MR. CARMICHAEL (Coffee) It seems that there is going to be some time wasted over it, and I do not care to have my private woes to consume the publish cash, and, hoping that I will not be put in a bad light in regard to it, through inadvertence, and I will withdraw the question of privilege, and cease to consume the time of the Convention. It seems to me that we are going to


3900                                          

OFFICIAL PROCEEDINGS

have a parliamentary wrangle, and I do not want to be the cause of it.

THE PRESIDENT The gentleman withdraws his request.  The regular order of business will be the consideration of the report of the Committee on 

MR. LONG (Walker) I ask unanimous consent to be allowed to introduce a short resolution.

Objection was made.

MR. LONG I move that the rules be suspended and that I be allowed to introduce a short resolution, to be referred to the proper committee.

Upon a vote being taken, the rules were suspended and the Secretary read the resolution as follows

Whereas, Sometimes less that one thousand petitions, all of the same form, kind of paper and verbatim in words, and all written upon the same typewriter, have been received by this Convention from almost every section of Alabama protesting against the pass evil, which law if adopted, would force through poverty a great many good people of Alabama to walk. thereby causing an epidemic of the foot or hoof evil, which is much worse and more dangerous than the pass evil: and,

Whereas, This unexplained mystery, unless made known, will go down in history as the eighth wonder of the world;

Therefore, in the interest of an interested, honest and unsuspecting public, with the view of solving this, the greatest of secrets,

Therefore be it resolved by the people of Alabama, in Convention assembled, That a committee of five be appointed by the President of this Convention, whose duty it shall be to unravel the mystery above mentioned if possible, and to report worth with any knowledge upon the subject obtained, to this Convention.

The said committee shall also have power to summon and to examine under oath, any person or persons residing in the State of Alabama, as witnesses, with full power to examine all letters and letter-heads that accompany said petitions when they are mailed from Montgomery to persons in the different counties in the State of Alabama asking for signatures.

The resolution was referred to the Committee on Corporations.

MR. GRAHAM (Talladega) I move that privileges of the floor be extended to Captain Thomas S. Plowman, former Congressman from the Fourth District.

The motion was carried.


3901

CONSTITUTIONAL CONVENTION, 1901

MR. COLEMAN (Greene) I rise to renew the motion of the gentleman from Coffee. It seems to me that it is due him as a matter of courtesy and right. The fact that it may have been written by some one not altogether connected with him. We have nothing to do with the questions involved. If the letter had been written to his wife, referring to private matters, no one would have objected at all, and I think he ought to be allowed to withdraw it and I do not think this Convention should prevent it.

MR. BROWNE I rise to a point of inquiry. If this letter (I do not know its contents, except as I have just been informed) is withdrawn, will there be no record whatever of its contents?  I understand that there is a motion made by the gentleman from Greene, Judge Coleman, to allow the letter to be withdrawn.

MR. PRESIDENT It seems to the Chair that where petitions come from different parts of the State, and apparently a spontaneous uprising of the people, and it incidentally comes in with the same petition, which indicates from what source the petition comes, it is not altogether foreign matter. It comes in accompanying the petition. It is a question of course for the Convention to decide whether they will allow it to be withdrawn and obscured and blotted from the records or not, but it seems to the Chair that it is not a foreign matter.

MR. BROWNE I want to say I rise for that purpose. If it is to be blotted out so that we will never know what it is, then I desire to call for a reading of it so that I for one may know what the contents of the letter are.

THE PRESIDENT The Secretary will read the letter.

The Secretary read the letter is follows:

Office of the Montgomery Advertiser, Daily and Weekly  The leading paper in news, influence and circulation.

Montgomery, Ala., Aug. 5, 1901.

Dear Sir : -I find that it will be most effective to have this petition presented to the Constitutional Convention through a member who represents your county or district. Please be so kind, therefore, as to forward it directly to the member your judgment determines most suitable.

Please inform me to whom you have sent it. Respectfully yours,                                                     

(Signed) F. P. Class, Sec'y.

MR. COLEMAN  I rise to make one more remark. The delegate stated here, and we have his word for it, that it was not part of the report and it was sent up inadvertently. Surely the Convention did not get possession of it in a proper and legal way, and if he desires to withdraw it, he should be allowed to do so.


3902                                          

OFFICIAL PROCEEDINGS

MR. HEFLIN (Chambers) I would like to inform the gentleman that the gentleman who owns the letter has withdrawn his objection to its being printed in the stenographic report.

MR. COLEMAN I make the motion. It is apparent why he withdrew it. I make the motion and would like to have a vote on it.

MR. HEFLIN (Chambers) I move to lay the motion on the table.

Upon a vote being taken a division was called for.

By a vote of 35 ayes and 45 noes the motion to table was lost.

THE PRESIDENT The question recurs upon the motion of the gentleman from Greene.

MR. LONG (Walker) I call for an aye and no vote on that.

The call was not sustained.

MR. LONG (Walker) I rise to a point of order. It is the property of this Convention and it would require a suspension of the rule, and require a two thirds vote.

MR. KYLE  Suppose the gentleman had sent in a five dollar note in that envelope. It was not addressed to him at all, but to another individual, and this Convention has no more right to it than it would have to a five dollar note sent up in that way.

MR. BROWNE I rise to a point of inquiry. There seems to be some misunderstanding how that letter got here. I am informed that it was attached to the petition. It was not addressed to Mr. Carmichael of Coffee or addressed to anybody. It was pinned to the petition. Whoever sent the petition to Mr. Carmichael sent that to show why he sent the petition here.

MR. O NEAL  Did not Mr. Carmichael state that the letter was sent inadvertently to the Clerk and that he did not intend to send it?

MR. BROWNE Did not the gentleman know it was pinned to the petition when it was set up?

MR. CARMICHAEL (Coffee) I will state that I opened the petition and as I had received several like it, and it was folded up, I don't know whether it was pinned to it or folded with it. I was striving to secure recognition 

MR. BROWNE I will ask the gentleman if he knew it was there?

MR. CARMICHAEL No, I did not know it was there. I knew such a letter was with it 


3903

CONSTITUTIONAL  CONVENTION, 1901

MR. O'NEAL Did you intend to send it there?

MR. CARMICHAEL No, I did not.

MR. LONG (Walker)  I respectfully ask a ruling of the Chair on the point of order which I made.

THE PRESIDENT The question is on the motion of the gentleman from Greene. The motion just voted upon was a motion to table and the point of order made that the motion involves withdrawing papers from the record, and it would require a suspension of the rules. In the opinion of the Chair the point of order is not well taken. The Convention may, by a majority vote, if it so desires, authorize the withdrawal of some paper from the record.

MR. LONG (Walker) Do I understand that the motion is also to strike it from the stenographic report or the letter?

THE PRESIDENT Just to allow him to withdraw the letter as the Chair understands it.

MR. LONG I have no objection to that in the world.

MR. OATES I am really astonished at making so much fuss about such a small matter. Would not any man in the State of Alabama have a right to send out a petition? I think, the gentleman ought to have been allowed to withdraw it without any fuss over it.

MR. LONG I withdraw the objection to the letter being withdrawn.

THE PRESIDENT Those in favor of allowing the gentleman from Coffee to withdraw the letter will say aye.

The motion was carried.

Leaves of absence were granted to Mr. Graham for Saturday, of this week and Monday and Tuesday of next week; to Mr. Mac A. Smith of Autauga for tomorrow; to Mr. Poshee for this evening and tomorrow.

MR. OATES Mr. President, I was going to say I think it is entirely proper and I presume nobody will object, if the presiding officer strike from the report the paper which has been withdrawn.

MR. HEFLIN (Chambers) I object.

MR. OATES Mr. President, I move that the official stenographer be instructed to omit it from the report. The letter is withdrawn, what is the use of printing it?

MR. LONG I would like to say a word on that.


3904                  

OFFICIAL PROCEEDINGS

MR. O'NEAL  Has not the house decided by its action that the letter was sent to the Clerk's desk by inadvertence, and ought to be stricken from the record.

THE PRESIDENT It seems to the Chair that the Convention has devoted enough time to this letter. The regular order will be the consideration of the report amending the Constitution and Miscellaneous provision.

MR. JENKINS I call for the regular order.

MR. OATES As presiding officer the Chair has the right to instruct that it be not printed in the stenographic report when the letter has been withdrawn.

THE PRESIDENT The Chair will consider that matter and make some ruling on it during the afternoon.

MR. LONG I move that the letter be printed. Never mind, I withdraw that.

THE PRESIDENT The Chair will not entertain any motion just now. The question before the house is the consideration of the report of amending the Constitution and Miscellaneous Provisions.

 

MR. MERRILL There are two ordinances that have been reported by the Committee and are now upon the calendar. I desire to know, Mr. President, whether or not these ordinances being reported from this Committee will follow immediately after the consideration of the Article that the Committee has reported.

THE PRESIDENT The Chair thinks that will be the regular order.

Leave of absence was granted to Mr. Carnathon.

MR. MERRILL Delegates will observe that there are two ordinances offered by this Committee, one is miscellaneous provision and the other prescribes the mode in which the Constitution may be amended. Article 16 is the first. I move that we take up that ordinance, section by section, and act upon each section until we finish it. I will state to the Convention that there is but one change in the whole ordinance from the Constitution of 1875 and that is the addition of Section 2 of the ordinance which provides that the compensation of no officer shall be increased during his term of office. With that exception the ordinance presented by this Committee is the same as a like provision in the Constitution of 1875.

MR. DENT You refer to Article 16?

MR. MERRILL Yes, in the old Constitution. I ask that the Secretary read Section 1.


3905

CONSTITUTIONAL CONVENTION, 1901

THE PRESIDENT The Acting Chairman of the Committee moves that the Convention proceed with the consideration of this section.

A vote being taken the motion was adopted.

The Secretary read as follows :

An Ordinance, to amend Article XVI of the Constitution.

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

ARTICLE XVI.

Miscellaneous Provisions

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

MR. MERRILL I move that that section be adopted.

A vote being taken the section was adopted.

MR. REESE I wish to offer an amendment to Section 1.

The Secretary read the amendment as follows: Amend Section 1 of report by adding at the end of the section "but the basis of representation in the legislature shall not be changed by any provision of this section."

MR. MERRILL I rise to a point of order, the amendment is not germane to the subject matter before the house.

MR. WADDELL I would suggest the gentleman has the report of the Committee on Representation before him.

MR. REESE I understood we were considering the Article on amendment to the Constitution.

MR. DENT It is the report on Miscellaneous Provisions.

THE PRESIDENT The Chair will hear from the gentleman from Dallas on the question of his amendment being germane to the section.

MR. MERRILL He is on Ordinance 17, whereas we are considering Article 16.

MR.  REESE I withdraw the amendment.

MR. MERRILL I move the adoption of the section.


3906                  

OFFICIAL PROCEEDINGS

A vote being taken, the section was adopted.

The Secretary read Section 2.

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

MR. MERRILL I move the adoption of that section.

A vote being; taken, the section was adopted.

The Secretary read Section 3 as follows

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

MR. MERRILL I move the adoption of that section.

A vote being taken, the section was adopted.

MR. MERRILL, I move that the Article and ordinance be engrossed and ordered to a third reading. I am a little doubtful about it, as it had different subject matter, different Articles.

THE PRESIDENT It is moved that the Article be engrossed and ordered to a third reading.

A vote being taken, the motion was, adopted.

MR. MERRILL I move we proceed with Article XVII, section by section.

The Secretary read as follow:

AN ORDINANCE

To Prescribe the Mode in Which the Constitution may Be Amended.

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

ARTICLE XVIII

Mode of Amending the Constitution.

Section I. Amendments may be proposed to this Constitution by the General Assembly in the manner following: The proposed amendments shall be read in the House in which they originate on three several days, and if upon the third reading, three-fifths of all the members elected to that House shall vote in favor thereof, the proposed amendments shall be sent to the other House in which they shall likewise be read on three several days, and


3907

CONSTITUTIONAL CONVENTION, 1901

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

MR. REESE I have an amendment.

The Secretary read the amendment as follows :

Add at the end of the Section, "but the basis of representation in the Legislature shall not be changed by any amendment adopted under the provisions of this Section."

MR. REESE The purpose of that amendment is this.

MR. BAREFIELD I rise to a point of order. The amendment is not germane to that Section, it would come in under the head of representation in the General Assembly to vote on representation.

THE PRESIDENT It seems to the Chair that it is a matter for the decision of the Convention. The Chair does not feel authorized to rule out the amendment on the ground that it is not germane.


3908                  

OFFICIAL PROCEEDINGS

MR. REESE Mr. President, very frequently it is suggested that something or other is not germane, and I would say something on the proposition of germanity suggested by the gentleman from Choctaw. The proposition is entirely germane and it is very germy to this matter, it includes a very serious proposition, and a proposition that has been very seriously considered by the Legislature which passed the enabling act, that has been considered very carefully by the Convention that sent these delegates here, and more than all by the people who sent the delegates here. It is the understanding of every delegate that no man can dare deny,  that it has clearly understood that the present basis of representation in this State should remain unchanged.  The honorable gentleman who represent the State of Alabama on this floor came here with the honest determinaticnl in their minds to carry out that pledge. It is the steadfast purpose, I believe, of every man in this Convention to redeem the pledges that they made to the people.  It has been reported by the Committee having that subject in charge that the present basis shall remain. Let this Convention not only carry out this pledge, but guarantee to the people that this pledge shall be preserved.

MR. LONG Can you put an amendment to the Constitution that the people themselves through another Constitution cannot change ? Is that your object?

MR. REESE I will explain that the matter is entirely germane. This section provides the manner in which amendments can be adopted to the Constitution, and to use the expression of a distinguished gentleman on  this floor, hereafter amendments will be adopted with great facility, and under the provision in this Section it almost amounts to the Legislature changing the basis of representation. It only requires three-fifths vote of the Legislature to submit an amendment to the people.          When the section which I represent have gone in under the workings of this new machinery, their voting power will be very much limited, and we all have to rely upon the liberality, honesty and good faith of North Alabama, and we don t want to have to rely upon the Legislature to keep the faith that delegates made before they came here. The effect of this is to cut off amendments on the subject of representation unless made by a Constitutional Convention. In other words the amendment offered will say to the Legislature you can amend on any other subject, but you my deprive counties of representation they have in this Constitution without calling a Constitutional Convention.

Mr. President, a large and influential section will be affected by this change; an intelligent portion, and a wealthy portion of the State.  The county that I have the honor to represent in part, with its population, represents more wealth than any other county except three in this State.  There are only three counties


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in the State of Alabama that are wealthier than the county that I have the honor in part to represent. The county of Montgomery which will be affected by any change in this, is one. I believe there is only one other county more wealthy. It is nothing but right and justice that we shall be guaranteed until there is another Constitutional Convention held that the basis of representation shall remain unchanged. Before this Convention was called, that question more than all others ,was the issue on which my people determined whether or not they ,would support this movement.  Unless they are guaranteed by this Constitution in the way I suggest, I do not believe that they can consistently ratify the work of this Convention. I do not believe that vote can expect them to do it. I know vote gentlemen from the different sections of the State, you gentlemen whom I have learned to admire. I know you mean to do right and fair by our people. and if you do say it in this Constitution and the work that you are doing here and don't leave it in the power of men that will come here hereafter with no sense of the obligations or understandings now resting on this Convention, to undo the work that this Convention is doing. I say that, as far as the black belt is concerned, under the provisions of this Constitution. their representation can be taken away from them with ease in the next legislature and an issue made between the black belt and the other sections of the State. It can be done under the machinery of a law that God only knows how it is to effect our people. I say with all seriousness, that I don't know how it is going to effect our people, and we have got to take a great  deal of it on confidence. There are many things that we do not well understand and nothing but the future can disclose to us, but this is a simple plain proposition that my people can understand and they do understated it. They understand if you leave this facile and easy method of taking their representation from them, that the guarantee on the Article of Representation is not worth a cent. that it has a string tied to it. If this Convention desires the hearty co-operation of the counties of the class that I speak of, they will not hesitate to do this thing. I hope that the patriotism and the interest of the delegates in the adoption of this Constitution. will be manifested in this connection. If this is not done, it will be talked on the stump by the opponents of your Constitution in every one of the counties that I have mentioned, and it will be talked with telling effect, and I for one, am not a man of sufficient ability to explain away the arguments that will be made along this particular line. I cannot explain to my people that, if it was not the intention to leave it in the power of the white counties to deprive the black belt of its representation, wily it was that this Convention refused to pass a provision that would guarantee these rights to our people.

Gentlemen of the Convention. the responsibility is with you. I hope the results of this Convention will be a Constitution that we can all honestly recommend to our people to adopt, but, Mr. Presi 


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dent, I tell you the work of this Convention will not be ended when it shall have adjourned.  It will have but scarcely begun, and in the counties and among the classes of people that I have alluded to is where you will have to do your work. They are loyal people. They have stood up to the white people of Alabama in all times past, in shot and shell, under the flag, when lives were paying the forfeit since then they have tried to serve the people of Alabama in the maintenance of Caucasian supremacy.  They are a fine, chivalric and noble people. You can trust them to represent the vast quantity of property they have. It may be perhaps in the future that a temptation will come to the people in the northern counties of this State to put us on a white basis of representation, and, Mr. President, you will have a great county like Montgomery, with its vast wealth and its population, the white population being considerably less than its colored population, put down on a par with counties that represent but little value in the State, with good people.  Mr. President, but not representing the  vast property of county, and you will probably have my county down on a basis   (and I say it without any disrespect at all) counties like Winston and Marshall. You are going to put the four largest tax-paying counties in the State down on a par with the counties that has but ten thousand people. I appeal to you in behalf of a people whose hopes and hearts are with you in this work, and whose heart and hand I hope may go on with you until the dawn of a new era of prosperity in this State when we can announce that the Constitution is adopted.

Mr. Ferguson took the chair.

MR.  LONG (Walker) The basis of representation in the legislature is not changed by any amendment adopted under the provisions of this section. I sympathize with the gentleman, and I know his motive ; but to say  the people of a sovereign State like Alabama that we are going to deny you the right to change your Constitution is saying something, in the first place, that you cannot do ; it is saying something that you should not do.  The people are all-powerful.  They have the right , by amendment or otherwise to change anything in that Constitution, and they have always had that right.

MR.  REESE-I ask unanimous consent to amend it to the population basis.

MR.  LONG ( Walker) I am speaking to that question now.  That will come up later. The population basis is the same thing.  The people should have the right to make any change they want to in the Constitution. That is, the point. Show me where there is a Constitution in any State that its people have not the right to amend in any way they see fit and proper. It takes a two-thirds vote of the Legislature before you can submit to the people an amendment; but when an amendment to the Constitution is sub 


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mitted, why shall not the people all powerful, have the right to do as they see fit and proper? This is a step in the wrong direction, and I am sorry it was brought in here at this time, because it is an omen that will lead to no good. I am sorry it is in here, the Committee's report on the representation fixes it on a population basis. Then why do you want it in there? I ask the delegates to think well before they vote for that. You say to the people, we are greater than the people when you do that. You say that we, the members of this Convention, are greater than the people of Alabama. It is but making the creatures greater than their creators, and that you can not do.

MR. BAREFIELD I would like to ask the gentleman if, in that report, Walker County has not been given another Representative ?

MR. LONG That is not germane to this subject and has nothing to do with it. I will state yes.

MR. BAREFIELD Do you want this Convention fixed so the representation of the Black Belt can be cut down?

MR. LONG No, sir; but I want it fixed so the people will have the right to do whatever they please in the future. It is not a question of cutting down the representation of the people of the Black Belt. It is a question of denying the right of the people of Alabama to amend their Constitution. The people have a right to amend the Constitution. W e have no right to deny it to them.  I believe that the Supreme Court of Alabama would declare such an act as that on our part null and void. You had as well say the people of Alabama should never call another Constitutional Convention as to put it in there. You say they can not do it in part, why not in whole? It is the same proposition. It is not a question of representation at all. It is a question of the right of the sovereign people of Alabama. They have the right to amend their Constitution. They should have that right. We have no power to deny that right. I think the delegates understand it. It has no place in this report.

MR. OATES In the present Constitution is this not provided for?

MR. LONG Yes, sir; of course it does, and it fixes it permanently, as far as it can fit it, on a population basis. What more do you want? Are you going to try to saddle it on the people and to fix something that the people themselves can not change?  We of the Convention are great people, but not greater than the people.

MR. GREER Is it not a fact that the Committee on Representation have reported here that the basis, of representation shall be on a population basis?


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MR.  LONG Yes, sir; that is a fact. I thought I had answered that several times. We have gone as far as we can, and it is not right and I protest against it. It is not right to put a clause in the Constitution which says that the sovereign people shall never have the right to amend their Constitution. They have got a right to do anything. It is democratic doctrine from time immemorial, that the people alone have the right to change the Constitution.   They have the right to amend it.   If you are to deny them that right we had better have a King at once. What becomes of your republican form of government with the denial of that right? There is no good reason why this should have been brought in here. I am sorry it has been brought in here for discussion, and we should go over this question as lightly as possible.  But as much as the white people of Alabama love the black belt, they will never consent to a clause in the Constitution denying them the right to change the basis of representation if they want to.  The people of Alabama will not submit to it. If you deny it in part, you might as well deny it in whole. I can see no good reason or argument why this should be in here. It would be null and void if it were so fixed. I state that, not as a lawyer, but as a man of common sense. I know it is a fact.

MR. COLEMAN (Greene) As much as we like to hear the gentleman from Walker, sometimes his imagination and volubility runs away with his facts. If there is no guarantee that a provision upon the basis of representation, as stated by him, will be adopted,  it would be entirely satisfactory throughout the State.  But inasmuch as these questions are up now for argument, not knowing what action this Convention will take, I move as a substitute for both amendments the following, which. I will send to the clerk.

The substitute reads as follows :

"Providing that the basis of representation in the Legislature shall be made according to population and shall not be otherwise changed by any amendment to the Constitution.

MR. REESE- I ask unanimous consent to withdraw my amendment and accept the amendment of the gentleman from Greene.

The consent was given.

MR. MALONE I rise to support that amendment 

MR.  COLEMAN I have the floor yet. I desire to know of  the delegate from Walker whether he accepts the substitute? The gentleman from Dallas has accepted my amendment. Mine is in line with what he wants done.


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MR. LONG (Walker) I have no power to accept it. I think the amendment is the same as that offered by the gentleman from Dallas, only in different language.

MR. COLEMAN Of course it is very clear what is the purpose of this and what is meant by the substitute I offer. It simply places it upon a population basis. That is all the ask. Now if I can get the attention 

THE PRESIDENT PRO TEM- The Chair is in doubt whether the gentleman front Greene is in order or not. Didn't the gentleman from Greene yield the floor?

MR. COLEMAN I did not. Now, there is nothing in this which will prevent the Legislature from changing the representation as the population changes, but it shall always remain according to population. Now the great reason some provision of this kind should appear either here or in the report of the Committee on Representations is this: When the Convention assembles as a Convention, of course it can change this provision if it sees proper.  When you submit an amendment to the Constitution to the people, on one single question, it can never be presented in all its force and with all its merits. This simply provides that it shall not be altered by a simple amendment made to the Constitution. It should always remain upon a population basis until another Constitutional Convention shall be called, when it can then properly consider all these protections and provisions which are necessary.

Now a great deal has been said about the section of the state from which I come. We realize very deeply the result of this Convention throughout our section of the State. We have always been loyal. We know exactly what we are conceding to the people of Alabama by this Constitutional Convention. We ask no favors.  We simply want justice. We realize that the time will cone after a while when the white people of this State must take care of us, provided this other race progresses in education and property, for it makes no difference how much education they leave, I do not believe they will in one hundred years be qualified to carry on self government, but under the fifteenth amendment, we have to do the best we can. We desire, however, to be relieved of the burdens we have borne so long, and all we ask is protection at the hands of the people of Alabama. This gives us fair representation according to population, according to the taxes we pay, and it secures us in that representation until the people of this state shall see proper to call another Convention, and that is all we want.

MR. MALONE I wish to support that amendment, and I wish to do so as coming from one of the white counties of this State. If there is anything in this world our people want, it is


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every temptation on earth to be removed to pad the returns of election.  What we want is to set it upon a right basis.  Give us what we are entitled to, and give them what they are entitled to, then there is no inducement on earth that I see, for any frauds hereafter.  As far as I am concerned, I would be willing to fix it so it never could be changed by constitutional amendment or any other way.  I don t believe any argument could be added here that would give it as much force and strength in all sections of the State as that very thing.  Let us settle that thing once and for all.  It is fair and just, and let us remove any temptation to do wrong in it.  And coming form the white belt section, I support it.

MR. DENT This is a question of great importance to a large section of Alabama.  I am very sorry that the gentleman from Walker saw fit to refuse to accept the amendment or the substitute offered by the delegate from Greene.  It arouses a suspicion in the minds of men who come from what is known as the black belt that there may be some effort in the future to base their representations, not upon population, but upon votes.  I want to say to this convention that, if you see proper to make that change, or to cast that shadow over the constitution which you are making here, you will not find much support for it at the hands of the Democracy of the black belt. We are anxious to be relieved of the conditions that confront us; conditions which have prevailed in the State of Alabama.  We want to do as the gentleman who preceded me said, so as to avoid any temptation to do wrong in this matter.  But I want to say to the members of this Convention that if it is the purpose of what are known as the white counties of this State to take from those of the black belt the power which should belong to them because of their population, they will strike down in Alabama men who have stood up to her in her hour of need.  I want to ask the delegates to this Convention when did the Democracy of the black belt every do anything except uphold the banner of the Democracy and protect the fair name of Alabama.  You may charge upon the black belt of Alabama frauds in election; you may charge that they have been guilty of things which they ought not to have been guilty of, but I challenge any man to say that they have ever been guilty of anything derogratory to the fair name of Alabama so far as her laws are concerned or the preservation of her credit and institutions are concerned.  When the very life of Alabama hung in the ballots; when she had been subjected to the rule of carpet-baggers and scallawags and negroes until her fair name had been dragged in the dust and her credit ruined, who was it that rescued her from that condition but the Democracy of Alabama?  I tell you it would be the basest ingratitude to strike down the hands and power of these men who have done so much to life the State out of the slough of despondence into which it had been submerged during the days of construction and I hope that the intimation of the gentleman


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from Walker does not reflect the purpose of the delegates who represent the white people of this State.

MR. LONG I rise to a point of order, I hate to do it, but the delegate from Barbour is not discussing the question before the house. The question before the house is whether or not the people shall have a right to make an amendment to the Constitution.

THE PRESIDENT PRO TEM The remarks of the gentleman froth Barbour are argumentative and in order, and the chair will so hold.

MR. DENT I say, gentlemen of the Convention, that this is vital to us. It is vital to the preservation of the Democracy of Alabama. You strike the power of the Black Belt ; you take away from it the right of representation according to population, and you will see in a few years what will be the condition of Alabama.  You will find that a wonderful change will take place. I am a Democrat. I believe in the doctrines of the Democracy, but I want to say, gentlemen of the Convention, that, while I do that, I do not want to be unfair to anybody. I do not want to be treated with injustice thyself, and to strike down the power of the Black Belt Democracy in this State, to take away from them the right of representation according to population, would be to destroy that which has preserved Alabama, which has preserved the  Democratic Party, and which has enabled the State of Alabama to rise to the position she now occupies among the States of this Republic, and I hope the substitute offered by the gentleman front Greene will be adopted.

MR. GREER (Perry) Mr. President, I have just been thinking of the remarks of a gentleman in a little conversation I had the other day. My people seem to think now that there is a question of integrity existing between the people of the white belt and the Black Belt of Alabama. Only forty-eight hours ago I was talking with them on this same question, and a little expression from an old gentleman impressed me very forcibly. He said: "I hope the gentlemen composing that Convention will adopt a Constitution that we call support, and we hope that the dividing lines between the White Belt and the Black may be  wiped out, and when the day comes to ratify it, instead of reckoning, it will be a day of Pentecost." And they said further that "We hope that when that day comes that it will be the hill billies mingling with the gopher diggers of the wire grass and the crawfishermen of the prairies." That is the sentiment of the Black Belt now, and when you question their fidelity, and come up here and say while they do protect five darkies to, one white man, see that they pay their taxes, protect them in the law, see that they are made good citizens and are educated, that they shall not have representation according to population, with their record behind them, they will doubt you, and in justice ought to doubt you. Some of them may


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use the same expression, possibly, as you hear among your people, and they say which is the worst, to have the heel of the White Belt upon our necks, or have the negroes upon our right arm? They want to do away with this fraud. They are anxious for it, and all you have to do is to place out your hand and beckon and uphold them, and I guarantee you that the Black Belt of Alabama will ratify this Constitution. I believe if you will support this amendment that it will be the opening key. It may be a little premature, and it may be that it will come up in the report of the Committee on Representation, but it is the opening key. It seems to rise spontaneously and expectantly in the minds and hearts of the White Belt of Alabama. They fear you as you fear them, and I say if this amendment is adopted, it will go out over the Black Belt of Alabama, and it will be the key to unlock the door for the ratification.

MR. deGRAFFENREID I move the previous question on the adoption of the amendment.

MR. O NEAL (Lauderdale) Withdraw that, I want to speak on this matter.

MR. deGRAFFENREID I will withdraw the motion.

MR. O NEAL I heartily favor the amendment offered by the gentleman from Greene. There is no disposition on the part of the people of the white counties of Alabama to interfere with the present basis of representation: yet I must say that I take exceptions to the remark made up by the gentleman from Barbour when he intimated that unless this amendment was adopted the Constitution would be defeated. While I heartily favor this amendment, yet I do not like to have threats made that unless I do a certain thing, the Constitutional will he defeated. I do not think that style of argument should be used in the Constitutional Convention.

The gentleman, too, is mistaken in a fact of history. He says that when the State of Alabama was under the control of the negro and the carpet-bagger, it was the Black Belt that came to the relief of the Democracy and drove the plunderers from power. If I recall the facts of history correctly, when Alabama was under the control of the Republican Party, and when the worst set of thieves in history were in the control of the State Government, it was the people of the white counties, led by the Bald Eagle of the mountain, that came to the relief of the people of the Black Belt, and restored white supremacy in Alabama. It was the people of the white counties who said to the people of the Black Belt, "We will give you relief from your oppressors,  and they did do it.  From that day to this white supremacy has continued in Alabama.  We know that in every great crisis in the history of the Democratic Party, we turn to the Black Belt with confidence that it will roll up the necessary Democratic majority. They have always


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been true and loyal, and we of the white counties propose to you that you cut down your voting population by eliminating the great mass of negro votes. We do not say to you that we intend to reduce your representation to your voting strength. We intend to let the representation be what is it today, and I, for one, am in favor of putting it in the Constitution, so that it can not be changed except by the people of Alabama in Convention assembled. That is the sentiment of the people of North Alabama ; that is their unbiased sentiment, but don't tell us we have got to do it, because we can not be forced.

MR. BURNS In 1872 didn't North Alabama send down into this section of the country and call upon Morgan and Pugh, Clanton and Lewis, and those men to come through that country and canvass North Alabama, and didn't they do it? And afterwards didn't they all give credit to John T. Morgan as the saviour of the Democratic party in 1872?

MR. O'NEAL No; we gave credit to the black belt and the white belt and all the Democracy of Alabama for the grand work they did in 1872 as well as 1874. (Applause). We gave credit to the Walkers and men of that type in North Alabama. That is not the question now, Mr. President. The question now is to state this question definitely so as to remove all suspicion from the minds of the people of the black belt in future. We need their assistance in ratifying this Constitution; we expect it; we are going to have it. We can not have it, though, unless we treat them with fairness and justice, and I say that every sentiment of justice and fairness requires that we make a declaration here which can not be misunderstood or misrepresented, as to our intention relative to representation.

MR. BLACKWELL Mr. President and Gentlemen  of the Convention: As one of the representatives from one of the extreme northern counties of the State of Alabama, and from one of the white counties in the State of Alabama, I want to say that I give my most unqualified endorsement to the amendments offered by the gentlemen from Dallas and from Greene. (Applause).  I want to say I think it is right, and Democrats should never be a party to crushing to earth that which is right. As a matter of fact, the great battle of liberty is not yet fought to its conclusion in this State. It is yet to be fought, not with swords and staves and armed men, not amid the bloody shock of embattled legions, marshalled armies and floating navies, but with that grander and stronger weapon, truth. Truth and error are to meet, and truth is represented by the white people of the State of Alabama, and that means the white people from the lines of North Alabama to the white people from the magnolias in South Alabama, as one people moving for one common purpose, and that for the elevation and purification of the politics of the whole State of Alabama.


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We recognize what the gentlemen of the black belt are sacrificing; we recognize the love they manifest here; we recognize that although we came when you asked us and went with Morgan in 1874, when Houston was our candidate for Governor and helped with him to roll back the black belt waves that were submerging this part of Alabama and make again the right of the Caucasian race permanent here. We recognize that following that when other conflicts came and North Alabama divided and the white people needed the help of the black belt of Alabama, they came to our rescue and we recognize them as brothers and are in full sympathy with them, and are in hearty accord with the proposition they propose here and will support it. I move the previous question on the amendment.

The main question was ordered.

MR. CUNNINGHAM    I believe, under the rules of the House, the Committee has the right to close.

MR. O'NEAL This is an amendment.

MR. CUNNINGHAM I understand that, but the Committee has not been heard from on this amendment.

THE PRESIDENT PRO TEM Who is the chairman of the Committee?

MR. CUNNINGHAM The acting chairman of the Committee has yielded the floor to me.

MR. ROGERS I rise to a point of order.

MR. CUNNINGHAM I desire to briefly discuss this question.  I desire to say at the outset that this Committee, or at least a portion of it, seriously considered the aspect of the question now under discussion.  Now, Mr. President, it is well for us to thoroughly understand the method of amending the Constitution before we go into a discussion of the merits of a pending amendment. Under the Constitution we now have , two-thirds of each house can pass an amendment to the Constitution; of the State of Alabama.  The courts have decided, Mr. President, that a majority of the House is a constitutional quorum, whatever that is.  In the State of Alabama, it is fifty-one members of the house and seventeen of the Senate.  Now, I ask particular attention on this point, because any amendment to the present Constitution can be proposed by thirty-five members of the House of Representatives and by twelve Senators in the Senate of your State.  The amendment that is offered to the amendment, and the present Constitution providing for amendments to the Constitution, says three-fifths of the whole number elected to each House.  It, therefore, follows that in the report of the Committee, as adopted, in order to amend the Constitution, it will require sixty members of the House


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of Representatives to vote for it and twenty Senators. Under the present Constitution, thirty-five members of the House and twelve Senators can do it. Under the proposed Article that comes from your Committee, it will take sixty members of the House of Representatives and twenty Senators. Now, Mr. President, let us see how this applies to this section of the State as to which this question has been raised, anti the fears of the gentlemen who are apprehensive that their basis of representation will be changed. It is well known that the representation from this section of the State is as follows : In the House of Representatives, Barbour, 2; Russell, 2 ; Bullock, 2; Montgomery, 4 ; Marengo, 2 ; Wilcox, 2; Lowndes. 2 ; Dallas, 3 ; Hale, 2 ; Sumter, 2 ; Greene, 1 ; Autauga, 1 ; Wilcox, 1 ; Clarke, 2; Perry, 2; making, a total of thirty. In the

Senate, Barbour, 1 ; Russell and Lee, I ; Bullock and Macon, 1 ; Montgomery, 1 ; Marengo, 1 ; Wilcox, 1 ; Perry and Bibb. 1 ; Dallas, 1 ; Hale and Greene, 1 ; Autauga and Lowndes, 1 ; Sumter and Pickens, 1 ; Perry and Bibb, 1 ; a total of twelve.

Now, under the present Constitution of the State of Alabama, if the Constitution we propose is defeated at the polls, and the great question of representation is raised in Alabama under your present Constitution, two-thirds of a quorum call amend it, and I undertake to say that the provision of this Committee fixes forever the representations of the people in the black belt counties and of the people of the State, whereas you are not secure under your present Constitution. If it becomes the choice of the black belt of Alabama as to whether they will have a Constitution that provides three-fifths of the whole number of the house or two-thirds of a quorum, I submit, as intelligent men that they will take the latter proposition. They will never as between two possible evils choose the greater, and therefore, with all due respect to the people of the black belt, I want to say I think it unfortunate that you have precipitated this discussion on this great question.  In regard to the policy pursued on this question, I agree with the gentleman from Walker, that we have no right to tie the hands of the people of Alabama, as to the methods of amending the Constitution, in any particular. It is bad policy to fix it for years to come, and until another Convention shall have been called. I say it is bad policy, and it is a policy that I can not answer for upon the stump, if  I am called upon to sustain it.

MR. OATES I suggest that the present Constitution fixes the apportionment for ten years and it can not be changed until after that time.

MR. CUNNINGHAM I believe that the basis of representation should be upon population. I believe that the people of Alabama will embrace that doctrine, for the white people of the black belt are responsible for the civilization of the colored people, for their education, for their support and for their protection, and I


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for one, am willing, to testify publicly, and will adhere to it, that they have a right to representation in the law making bodies of the State, anti representation in the State, and there will be enough white people behind you to sustain and support you and you are in no danger. Then why precipitate this dynamite and firebrand into the Constitution which we have been called here to frame.

Now, in concluding this aspect of the subject, I am perfectly willing, so far as I and concerned, as a member of the Committee, to accept an amendment to make it two-thirds of the whole number elected to each house. I haven't any objection to any proposition that upon its face proposes to take no advantage of the people of Alabama in the future. I am perfectly willing to vote for an amendment to put it to two-thirds of the whole house and not of a quorum, but I am unwilling to drive a nail through they plank and brad it upon the other side, because it is unfair and not in keeping with a proper spirit on Constitution making.

MR. O'NEAL (Lauderdale) I had an amendment prepared here striking out three-fifths and making it two-thirds.

MR. CUNNINGHAM Of the whole house?

MR. O NEAL Yes, sir.

MR. CUNNINGHAM- I am perfectly willing so far as I am concerned, as one of the Committee, to accept it.

MR. REESE- I rise to a point of order. The previous question has been ordered on the amendment and the gentleman is not discussing the amendment, but is discussing some other amendment between himself and some other gentleman on this floor.

MR. CUNNINGHAM I have a right to say so far as I am concerned to say what I am willing to accept.  Now I move to lay the pending amendments on the table and on that I call for the ayes and noes.

MR. HEFLIN (Chambers) I would like to ask the gentleman to withdraw that.

MR. O NEAL I move that we proceed with the regular order of business.

MR. deGRAFFENREID I rise to a point of inquiry. Some of us have not been able to be in the house because of Committee work that was going on the outside. Will you have the amendment read so we can know what it is?

"'That the basis of representation in the legislature shall be made according to population and shall not be otherwise changed by any amendment to the Constitution.


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MR. COLEMAN (Greene) I wrote that substitute somewhat hurriedly. I have the same idea better expressed here and by unanimous consent I would like to substitute it. I will read  it: "Provided, that representation in the legislature shall be based upon, and such basis of representation shall not be changed by constitutional amendment."

I ask unanimous consent to put that in.

Objection was made.

MR. REESE I move that the rules be suspended and that the gentleman be allowed to offer that in place of his other amendment.

MR. BEDDOW I rise to a point of order.  The previous question has been ordered.

THE PRESIDENT PRO TEM The question now is, shall the rules be suspended, in order that the gentleman from Greene may offer a substitute to the substitute offered.

MR. BEDDOW I rise to a point of order. The only way that can be done is by re-considering the vote by which the previous question was ordered.

MR. COLEMAN I offer that to satisfy some parties as to the verbiage. It will mean exactly the same thing. If there is any objection to it, I will call for a vote upon my original substitute.

THE PRESIDENT PRO TEM All those in favor of the suspension of the rules 

MR. COLEMAN I will just withdraw it.

MR. HEFLIN (Chambers) I object to withdrawing it. A motion to suspend the rules has been made.

MR. deGRAFFENREID We insist on that motion.

MR. PETTUS I rise to a point of order. A motion to suspend the rules was made and has been stated to the Convention and it can not be withdrawn.

MR. deGRAFFENREID That is true and we want to put it through.

THE PRESIDENT PRO TEM The point of order is not sustained. The question recurs on the amendment offered by the gentleman from Greene and the gentleman from Jefferson moves to lay that amendment on the table.

MR. O'NEAL I ask unanimous consent to allow the gentleman from Greene to substitute. I don't think any objection has been made.


3922                  

OFFICIAL PROCEEDINGS

THE PRESIDENT PRO TEM. The question is upon the suspension of the rules. Shall the rules be suspended in order to put the resolution of the gentleman from Greene upon its passage.

MR. WHITE I call for the ayes and noes.

THE PRESIDENT PRO TEM. The gentleman is too late, the ayes and have it and the rules are suspended.

MR. REESE I call for a reading of the substitute offered by the gentleman from Greene.

The substitute was read as follows:

"Provided, that representation in the Legislature shall be based upon population, and such basis of representation shall not be changed except by a Constitutional Convention."

THE PRESIDENT PRO TEM The question is upon the amendment.

MR. WHITE I call for the ayes and noes.

The call was sustained.

MR. CUNNINGHAM I move to lay the substitute offered by the gentleman from Greene upon the table.

MR. BURNS A point of order; the ayes and noes are called on a certain question, it is too late after the ayes and noes have been called on a particular question to change that question to a motion to table.

THE PRESIDENT PRO TEM  In the opinion of the Chair the call for the ayes and noes was upon another question and the gentleman's point of order is not well taken. Those in favor of laying the substitute offered by the gentleman from Greene on the table will say aye as their names are called, and those opposed  will say no.

AYES

Beddow,

Henderson,

Porter,

Burnett,

Jackson,

Reynolds (Henry),

Byars,

Long, of Walker,

Proctor,

Cardon,

Lowe, of Lawrence,

Sanders,

Cofer,

Murphree,

Sloan,

Cunningham,

Oates,

Sorrell,

Eyster,

Parker, of Cullman,

Spears,

Haley,

Pearce,

Studdard,

Harrison,

Phillips,

White,

TOTAL 27


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CONSTITUTIONAL CONVENTION, 1901

NOES

Almon,

Grayson,

Opp,

Altman,

Greer, of Calhoun,

O'Rear,

Banks,

Greer, of Perry,

Palmer,

Barefield,

Handley,

Parker, of Elmore,

Bethune,

Heflin, of Chambers,

Pettus,

Blackwell,

Heflin, of Randolph,

Pillans.

Browne,

Hinson,

Pitts,

Bulger,

Hood,

Reese,

Burns,

Howze,

Rogers, of Lowndes,

Carmichael, of Coffee,

Inge,

Rogers, of Sumter,

Carnathon,

Jenkins,

Sanford,

Chapman,

Jones, of Bibb,

Searcy,

Cobb,

Jones, of Hale,

Smith, of Mobile,

Coleman, of Greene,

Jones, of Wilcox,

Spragins,

Coleman, of Walker,

Knight,

Thompson,

Craig,

Ledbetter,

Vaughan,

Davis, of Etowah,

Lomax,

Waddell,

Dent,

Macdonald,

Walker,

deGraffenreid,

McMillan, of Wilcox,

Watts,

Duke,

Malone,

Weakley,

Eley,

Martin,

Weatherly,

Espy,

Merrill,

Williams, of Barbour,

Ferguson,

Miller, of Marengo.

Williams, of Marengo,

Fletcher,

Miller, of Wilcox,

Williams, of Elmore,

Gilmore,

NeSmith,

Wilson, of Clarke.

Glover,

Norman,

Winn,

Graham, of Montgomery,

Norwood,

Graham, of Talladega,

O'Neal, of Lauderdale.

TOTAL 82

ABSENT OR NOT VOTING

Messrs. President,

Howell,

Renfro,

Ashcraft,

Jones, of Montgomery,

Reynolds, of Chilton,

Bartlett,

King,

Robinson,

Beavers,

Kirk,

Samford,

Boone,

Kirkland,

Selheimer,

Brooks,

Kyle,

Sentell,

Carmichael, of Colbert,

Leigh,

Smith, Mac A.,

Case,

Locklin,

Smith, Morgan M.,

Cornwall,

Long, of Butler,

Sollie,

Davis, of DeKalb,

Lowe, of Jefferson,

Stewart,

Fitts,

McMillan (Baldwin),

Tayloe,

Foshee,

Maxwell,

Whiteside,

Foster,

Moody,

Willet,

Freeman,

Morrissette,

Wilson, of Washington,

Grant,

Mulkey,

Hodges,

O'Neill (Jefferson),


3924                  

OFFICIAL PROCEEDINGS

MR. SANDERS (during roll call) Mr. President, for the first time, I ask leave in a very brief way to explain my vote.

Leave was granted.

MR. SANDERS Mr. President, I am a Black Belt Democrat in sentiment and in sympathy, if I am a hill billy geographically. I came to this Convention fully convinced that we should vote for representation upon the basis of population. I believe that is right. That is Democracy. I believe that Democrats of this section of the State are entitled to that, and I would be willing for the proportion of the members of the Legislature to be fixed at any ratio which should protect the Black Belt, in that representation forever, but I do not think it is wrong and false in principle that this one single thing should be marked out as the only thing which cannot be submitted to the people for amendment without calling another Constitutional Convention, and in the way in which it is expressed I believe it will be irritating to the people of North Alabama, notwithstanding what my friends from Lauderdale and Morgan have said about it, and for that reason, Mr. President, and in full sympathy and believing it its right that the black Belt should have what they claim and demand, yet because I fear the principle is false, I vote aye.

The result of the roll call was 87 noes and 27 ayes, and the motion to table was lost.

THE PRESIDENT  The question recurs upon the substitute offered by the gentleman from Greene.

Upon at vote being taken the substitute was adopted.

THE PRESIDENT  The question recurs upon the Section as amended.

MR. O NEAL I have an amendment.

The Secretary read the amendment as follows:

Amend Section 1, line 3, by striking out "three-fifths" and inserting in lieu thereof "two-thirds."

MR. O NEAL My purpose in offering that amendment is because the present Constitution requires a two-thirds vote of the Legislature in order to submit amendments to the Constitution.

MR. COLEMAN We do not need it now. The Convention has given us all we want.

MR. O'NEAL It is on the entire question. I am opposed to the Constitution being amended with too much ease. I notice our Constitution already requires two-thirds, and the Constitution of four-fifths of the States of the Union require a two-thirds vote of the Legislature before an amendment may be submitted,


3925

CONSTITUTIONAL CONVENTION, 1901

manner as to make it meet all the requirement of the times, to promote the welfare of the whole population. That is the reason I have offered that amendment.

MR. DENT I think the Convention understands the question.  I move to lay the amendment of the delegate from Montgomery on the table, and I move the previous question.

MR. SANFORD I call for the ayes and noes.

MR. LOMAX I rise to a point of order. The gentleman from Barbour cannot move to table the question and move the previous question on the same section at the same time.

THE PRESIDENT The point of order is well taken. The question will be upon the motion to table.

MR. SANFORD (Montgomery) I call for the ayes and noes.

The call was not sustained.

Upon a vote being taken, the motion to table prevailed.

MR. PROCTOR I move that we now adjourn.

Upon a vote being taken, the Convention refused to adjourn.

MR. LOMAX I would like to ask the acting chairman of the Committee a question in reference to this first section. The printed copy seems to have left out some words, and it does not make sense.

MR. MERRILL The original copy has it correct.

MR. LOMAX--That is what I wanted to know.

MR. MERRILL I move the previous question on the section as amended.

The main question was ordered.

Upon a vote being taken, the section as amended was adopted.

MR. BLACKWELL I move that we now adjourn.

Leaves of absence were granted to the following delegates :For Tuesday and Wednesday, for Mr. Sorrell; Mr. Searcy for tomorrow; to Mr. Weakley of Lauderdale for today; to Mr. Espy for tomorrow; to Mr. Harrison for tomorrow; Mr. Reese for tomorrow; Mr. Vaughan for tomorrow; Mr. Ashcraft for Monday and Tuesday next; to Mr. Weatherly, indefinitely on account of sickness in the family.

MR. BLACKWELL I made a motion that we now adjourn.

Upon a vote being taken, the Convention refused to adjourn.

The Secretary read Section 2 as follows:


3926                                          

OFFICIAL PROCEEDINGS

MR. O'NEAL That is what I want.

MR. JENKINS That will necessitate the calling of another Constitutional Convention, and we want to avoid that, and we ought to make changes in our organic law by amendment, and I move to table the amendment offered by the gentleman from Lauderdale.

Upon a vote being taken the motion to table prevailed.

MR. SANFORD (Montgomery) I have an amendment.

The Secretary read the amendment as follows:

"Amend Section 1 by striking; out `three-fifths' in third and sixth lines in said Section, and inserting; in lieu thereof the words `a majority of the votes of all members elected to each House of the Legislature.' "

MR. SANFORD I make that amendment for the very reasons that have been given lay the gentleman from Wilcox. It is absolutely necessary that in these changing times in which we live, in the changed conditions of Alabama, that seem to change from season to season, we shall be able to amend the Constitution without calling another Constitutional Convention. It is absolutely impossible, as he says, to amend it under the old system.

MR. O NEAL Do you want to make it as easy for the Legislature to change the Constitution as it is for them to make a law?

MR. SANFORD I do not.

MR. O NEAL Is it not a fact that in most of the States they require a majority of those elected to pass a law?

MR. SANFORD -There is nothing more in passing a law to submit it to the people than there is in any other acts passed by the Legislature. It is simply for the purpose of proposing these things to the people, and it will be impossible to propose it to the people under a two thirds law. If the Legislature was the only power to change, then it might be plausibly stated by the gentleman from Lauderdale, but when it is to be passed upon by the people it makes a very great difference. It is simply, to give them an opportunity to say whether the conditions of Alabama are not such that many of the provisions in the present Constitution would be wiser to have changed. We are making an experiment with the present Constitution. and it is a new thing entirely. Many of the provisions I have not noticed anywhere before, in Alabama, certainly, or Georgia. They exist, they say, in Mississippi or in Louisiana, and they have tried it in North Carolina, all of which are on trial, and I think it is nothing more than just that they people in the event this Constitution should prove not what it is hoped to be, but a failure, can change it in such a


3927

CONSTITUTIONAL CONVENTION, 1901

and I do not see any reason why we should make the Constitution to be amended by less than that formerly existing, and less than that required in all the States of the Union. I move to strike out the word "three-fifths" wherever they occur in this Section.

THE PRESIDENT  The question will be upon the adoption of the amendment offered by the gentleman from Lauderdale.

MR. JENKINS I do not think that is a good amendment, and I will explain why. We have had a great deal of trouble in the past in getting two thirds of the Legislature to vote for a suffrage amendment. In fact we could not get it, and that is the reason this Convention was called, because you never could ,Yet two-thirds of the Legislature to vote for all amendment on the suffrage proposition. Now, we do not know but what they want it changed somewhat on these qualifications on suffrage. They may not work well.

MR. O NEAL Is it not a fact that a majority of the States in the Union require a majority vote to pass even an ordinary bill, and why is two thirds too large a number?

MR. JENKINS We provide here for three-fifths.

MR. O'NEAL  Why is two-thirds too large a number to amend the Constitution?

MR. JENKINS I will answer the gentleman by saying this, that it has been our experience in the past that we could not get a two-thirds vote of the Legislature to pass all amendment. We have had this suffrage question up for ten or fifteen years, and the only reason that the people have never had a chance to vote upon it, was that the Legislature of Alabama would not submit it to them, and if we go ahead and readopt the old plan we can never change the plan we have adopted by this Convention and it may work wrong, it may be the worst thing in the world we have ever done, and we want to be in position to amend it without calling another Constitutional Convention, and we ought to change it like the Committee has recommended, and fix a special time to hold an election, and not at the general election, because if you adopt the old Constitution, why it has been the experience in the past that all amendments were defeated, and the only way we got an amendment was by twisting the Constitution all out of shape and interpreting it so that a majority could carry it.

MR. O'NEAL The gentleman entirely misapprehends my amendment. I do not propose to make any change in the Section reported by the Committee except to strike out three-fifths and insert two-thirds wherever it occurs.

MR. JENKINS That makes it more difficult to pass amendments.


3928                                          

OFFICIAL PROCEEDINGS

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

MR. WATTS I have an amendment.

The Secretary read the amendment as follows:

"Add at the end of Section 2 the following, And no amendment shall be adopted unless it receives the affirmative vote of the majority of all the qualified electors who voted at such election.                      

MR. MERRILL We ask unanimous consent to accept that.

MR. WATTS I am satisfied that is not in there. The object that amendment is for the purpose of preventing another

Birmingham amendment, which was adopted not by all affirmative vote, but by a failure to vote, and the object of that amendment is to prevent that in the future.

Upon a vote being taken, the amendment was adopted.

Upon a vote being taken, the section as amended was adopted.

The Secretary read Section 3 as follows:

Sec. 3.No Convention shall hereafter be held for the purpose of altering or amending the Constitution of the State, unless after the General Assembly, by a vote of a majority of all the members elected to each House, has passed an act or resolution calling a Convention for such purpose, the question of Convention or no Convention shall first be submitted to a vote of all the qualified electors of the State, and approved by a majority of those voting as such election.  No act or resolution of the General Assembly calling a Convention for the purpose of altering or amending the Constitution of this State shall be repealed, except upon the vote of a majority of all the members elected to each House at the same session at which such act or resolution was passed.

MR. WEATHERLY I have an amendment.

The Secretary read the amendment as follows:

"Provided, nothing herein contained shall be construed as restricting the jurisdiction and power of the Convention duly assembled, in pursuance of this section, to establish such ordinances, and to do and perform such things as to the Convention may seem necessary or proper, to alter, revise or amend the existing Constitution."


3929

CONSTITUTIONAL CONVENTION, 1901

MR. WEATHERLY  The purpose of the amendment is simply to set at rest 

MR. WEATHERLY The Committee are willing to accept the amendment.

Unanimous consent was given to accept the amendment.

Upon a vote being taken, the section as amended was adopted.

The Secretary read Section 4 as follows:

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

MR. MERRILL I move the adoption of the section.

Upon a vote being taken, the section was adopted.

MR. MERRILL I move the Article just submitted be engrossed and ordered to a third reading.

Upon a vote being taken, the motion prevailed.

MR. BLACKWELL I move that we now adjourn.

MR. BURNS  Some days ago our honored delegate from the County of Washington made a famous speech in this hall on the subject of Agricultural Schools, or, rather, in regard to the tag tax. In that speech he told us of an experiment station which he had encountered down in the cane brakes of Alabama. He told us of that lone vine, and that solitary house of civilization, and of that Doctor whose instruments were used to mark the hogs that belonged to the State, in order that they might grow larger and fatter and bountiful for the repasts of other visitors which might follow the old gentleman to the cane brake station. There has been sent to this gentleman from Washington by the friends of that station a huge basket of fruit, various varieties of peaches, and numerous varieties of grapes said to have sprang from that vine since that famous speech of the gentleman from Washington. It is reported in these proceedings that since that famous speech that vine has grown to cover one half square mile, and its topmost branches are one hundred yards in the air, and that among those branches have been found within the last day or two fowls from the different districts and the different counties of this State, that they first found sitting upon a branch over one hun 


3930                  

OFFICIAL PROCEEDINGS

dred feet from the ground, firmly fixed upon the limb, or a branch at least two and half inches in diameter a fine, proud bronze gobbler, fit game upon which John Marshall and Mark Twain in the days gone by would have been glad to feast, and that gobbler (Opp) from the county of Covington; next to him was chirping away a sweet singer from Birmingham said to have escaped from the cages at Ensley, a mocking-bird whose heart is touched as much for woman as for man. Next to him and close by that lone cooing turtle dove mourning for his true-love, that turtle dove is said to have come down not exactly from Athens, but from the county of Limestone. Next to him was a plump Bob-White, that had gone where the grapes were ripe, and going way up yonder, he there sat, as he is always welcome in any part of the country, and in any part of the tree, and they say he came from the county of Butler, plump Bob-White from Butler. The next was a modest Joree, always jolly and at work. It is in dispute as to whether he carne from Monroe or Randolph, but he was there all the same, and there too, was the faithful Wood-pecker, always pecking on hard questions. Whether he was from Jefferson or Lauderdale is hard to decide. (Laughter.) Right by on the branches was the hopping Jay, which had always something to say. Where he came from I leave this Convention to conclude. You know that there are more jays than one in this Convention and they have hopped and hopped, and had their say. The next of the sitting was a Screech-Owl whose voice we will never forget. Some say he is from one place and some say another. But it will be long and weary days before we could get the screech owl's voice that carne here front Lauderdale. Then sitting low down in the darkest place in the shade of the tree was an old groaning owl, always ready to fight and growl, whether he came froth Hale or Pike. Come go home my friends, and decide among yourselves. He must have come from one or the other. Then soaring above in the blue ether there was a screaming eagle, said to have come from Chambers.  There was a blue darting hawk that is said to have come from Marengo. There was a sparrow Hawk which lay between the county of Macon and the county of Dallas. Let them decide for themselves. And then there was the chicken hawk, and again Pike claiming the price. Then the old hen catching hawk.  Where was he from. From up among the hill-billies, the miners and the convicts. The old hens-catching hawk.

THE PRESIDENT  The Chair understood the gentleman arose for a question of personal privilege. Does the gentleman propose to go through the list of one hundred and fifty-five names?

MR. BURNS No, sir; my five minutes are not quite out.

Then there was the cunning crow from Blount, and last but not least was the wabbling sea gull from Mobile, a man just in front as in the rear and that knows nothing like fear.  Now, I


3931

CONSTITUTIONAL CONVENTION, 1901

have been instructed to invite the President of this Convention and the member to come down and view this house of civilization as it sits away up above on top of those vines and to interview that doctor. Come down and help yourself, and I have the assurance from everybody down in that section that any one our distinguished friend from Washington invites on this visit shall not be interrupted by that doctor because his pruning knives have been laid aside.

THE PRESIDENT The gentleman from Dallas raised a question of personal privilege, and having been a member of two constitutional conventions possibly has double the privileges of any other delegates.

MR. PALMER I want to thank the gentleman for his poetical speech as to this basket of fruit. I am not poetic, but deal more in facts. I feel gratified that the experiment station at Uniontown did not become mad or offended at the criticism I

gave the station here the first of the month. In token of their respect and esteem for me they have sent me an elegant basket of peaches and grapes that equal any that I have ever seen that came from California. Now I hope and trust that the experiment station today is a success. I have not seen it in six or seven years, and I hope great good will result to the State front this station, and that we may feel that it has accomplished a great good amongst us. Now as there has been no resolution sent up here, or petitions from the various precincts and counties, of this State against statesmen giving away fruit, and as we delegates can eat this fruit that is given to us, I now present this basket of fruit to the Convention. (Loud applause.)

MR. BLACKWELL I move that we adjourn.

____________