SEVENTY‑SIXTH DAY

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MONTGOMERY, ALA.,

Tuesday, August 20, 1901.

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

O Lord, our Heavenly Father, we thank Thee that Thou hast spared our lives through the night and hast given the health and strength necessary to gather here in the transaction of the business of this Convention, and we come before Thee this morning realizing our helplessness without Thee, our utter dependence upon Thee, praying that Thou wouldst give us strength and wisdom and grace necessary to discharge the duties of this day. Bless each and every member of this Convention according to his needs.


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Bless their families at home. Guide us by Thy spirit, uphold us by Thy strong arms, and at last in Heaven save us, we ask for Christ's sake. Amen.

Upon a call of the roll 104 delegates responded to their names.

Indefinite leave of absence was granted to Mr. Willett of Pickens, the leave dating two weeks from last Thursday; M r. Freeman for yesterday and today.

MR. HARRISON‑‑‑I desire to call attention to the fact that the stenographic report of yesterday fails to show that section 16 of the report Corporations was adopted. I therefore ask that the report be amendment so as to show the facts. The Journal, perhaps, shows it.

MR. SANFORD (Montgomery)–I rise to a question of personal privilege.  In the colloquy yesterday, in the discussion between my friend from Pike and myself, in the report, I am reported as saying (I do not blame the stenographers, because you cannot always catch the exact words in a controversy), but I am made to say “and the compromises have been an abandonment of principle, and a matter of cowardice.”  It might be supposed from that that I insinuated that my friend from Pike had abandoned principle and that he did so from a want of courage, than which nothing can be further from the truth.  I have known him for many, many years, and I regard him as a man of intellect, of courage, and of patriotism, and I am the last man to insinuate that any gentleman is afraid to do anything that is right for a man to do and especially a friends as I have in Mr. Murphree of Pike County.  I wish to make that statement so that no one will suppose that I was rude enough, discourteous enough, or unjust enough to make such a charge upon any gentleman I esteem as highly as him.  There are some other merely verbal points I will have corrected.

MR. MURPHREE–The explanation made by the senior delegate from Montgomery in regard to the matter is entirely satisfactory.

MR. OPP–I desire to call attention to an error in the stenographic report of yesterday.  In the remarks I made, in one line it says at the end of the seventh column on the third page, “is not a spontaneous uprising of the people, but it is largely fictitious.” It should be “factitious.”

THE PRESIDENT—The gentleman from Dallas complains that the gentleman speaks inaudibly. (Laughter.)

MR. OPP‑‑‑I did not hear the gentleman from Dallas say that and I and glad that it could be transmitted through the President. (Laughter.) Further on in my remarks I am made to say. "When I stand here in the light it may be of championing


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free passes." It makes me say exactly the reverse of what I did say. I said "while I did not stand here as the apologist or defender of free passes." There are some other errors, due, no doubt, to the enormous amount of work devolving upon the stenographers. I am made to say "raging and raring," when I said "surging and roaring." Then "fictitious" occurs further down where it should be "factitious."

I am also reported as saying:

My friend retired from time to time and took counsel with others who held the same views as myself, and I assume, though 1 don't know, and no doubt I was in error as to that, that he had counsel with the distinguished gentleman from Mobile, and finally we arrived at the agreement which is reported and included in the report made by the committee. While these compromises are not binding and are not conclusive upon this Convention, nevertheless we regard it and it should be "regarded."

MR. SANFORD (Montgomery)—I would like to say in justice to the stenographers, that what I did say yesterday was that "all compromises are all abandonment of principle, and sometimes are the result of cowardice."

MR. SMITH (Mobile)–I ask unanimous consent to make the report from the committee on Judiciary on Ordinance No. 410, the special order, after the pending special order.

MR. BROWNE–I would like to inquire what is the ordinance.

MR. SMITH--It is an ordinance, introduced by Mr. Reese of Dallas, recommending that the court be given power to exclude the public from the trial of rape and assault with intent to rape cases.

THE PRESIDENT ‑The Chair will state for the information of the gentleman from Mobile that we are not proceeding now under any special order, but every matter comes up in regular order.  

MR. SMITH–(Mobile)‑‑I understood there was a regular order for this morning.

MR. SAMFORD (Pike)‑I ask unanimous consent to make a report from the Committee on Engrossment.

The consent was given.

The report was read as follows:

“The Committee on Engrossing, report that they have examined the article on Education and find the same correct.

W. J. Samford, Chairman”


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MR. BROOKS‑I desire to offer a motion to reconsider the vote by which Section 16 was passed.

THE PRESIDENT‑ The motion will not be in order until after the reading and approval of the journal.

MR. BROOKS‑ The rule says "any time during the morning session.”

THE PRESIDENT‑ The Chair will entertain the motion after it hears the report from the Committee on Journal.

MR. GRAHAM (Talladega)‑The journal has not been approved ?

THE PRESIDENT‑ Not yet.

MR. SAMFORD (Pike)‑The Committee on Harmony are anxious to get these reports, and I ask that the report of the Engrossing Committee on the article on education lie taken up at once.

THE PRESIDENT‑ It will not take long to dispose of the  report of the Committee on Journal.

The Committee on Journal reported that they had examined the journal for the seventy-fifth day and found the same correct.  The report was thereupon adopted.

THE PRESIDENT-- The Secretary will read the article on education.

The article was read as follows:

ARTICLE-------

Education.

Section 1. The General Assembly shall establish, organize and maintain a liberal system of public schools throughout the State for the benefit of the children thereof between the ages of 7 and 21 years. The public school fund shall be apportioned to the several counties in proportion to the number of school children of school age therein, and shall be so apportioned to the schools in tile districts or townships in the county as to provide, as nearly as practicable, school terms of equal duration in such school districts or townships. Separate schools shall be provided for white and colored children, and no child of either race shall be permitted to attend a school of the other race.

Sec. 2. The principal of all funds arising from the sale or other dispositions of lands or other property, which has been or may hereafter be granted or entrusted to this State or given by the United States for educa-


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tional purposes shall be preserved inviolate and undiminished; and the income arising therefrom shall be faithfully applied to the specific object of the original grants or appropriations.

Sec. 3. All lands or other property given by individuals, or appropriated by the State for educational purposes, and all estates of deceased persons, who die without leaving a will or heir, shall be faithfully applied to the maintenance of the public schools.

Sec. 4. All poll taxes levied and collected in this State shall be applied to the support of the public schools in the respective counties where levied and collected.

Sec. 5. The income arising from the sixteenth section trust fund, the surplus revenue fund, until it is called for by the United States Government, and 4 of this article, together with the special annual tax of 30 cents on each $100 of taxable property in this State shall be applied to the support and maintenance of the public schools and it shall be the duty of the General Assembly to increase, from time to time, the public school fund as the necessity therefor and the condition of the treasury and the resources of the State may justify. Provided, that nothing herein contained shall be so construed as to authorize the General Assembly to levy in any one year a greater rate of taxation than 65 cents oil each $100 worth of taxable property; and provided further, that nothing herein contained shall prevent the legislature from first providing for the payment of the State's bonded indebtedness and interest thereon out of all the revenues of the State.

Sec. 6. Not more than 4 per cent of all moneys raised, or which may hereafter be appropriated for the support of public schools shall be used or expended otherwise than for the payment of teachers employed in such schools; provided, that the General Assembly may, by a vote of two-thirds of each house suspend the operation of this section.

Sec. 7. The supervision of the public schools of the State, shall be vested in a Superintendent of Education, whose powers, duties, and compensation shall be fixed by law.

Sec. 8. No money raised for the support of the public schools of the State, shall be appropriated to or used for the support of any sectarian or denominational schools.

Sec. 9. The Agricultural and Mechanical College now called the Alabama Polytechnic Institute shall be under the management and control of a Board of Trustees. The Board for the Agricultural and Mechanical College shall consist of two members from the Congressional District in which the college is located and one from each of the other Congressional Districts in the State, said trustees shall be appointed by the Governor by and with the advice and consent of the Senate, and shall hold office for a term of six years and until their successors shall be appointed and qualified. After the first appointment, the Board shall be divided into three classes, as nearly equal as may be. The seats of the first class shall be vacated at the expiration of two years, and those of the second class in four years, and those


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of the third class at the end of six years from the date of appointment, so that one-third may be chosen biennially. No trustee shall receive any pay or emolument other than his actual expenses incurred in the discharge of his duties as such. The Governor shall be ex-officio president, and the Superintendent of Education ex-officio a member of said Board of Trustees.  The State University shall be under the management and control of a Board of Trustees which shall consist of two members from the Congressional District in which the University is located and one from each of the other Congressional Districts in the State, and the Superintendent of Education and the Governor, who shall be ex-officio President of the Board.

The members of the Board of Trustees now existing shall hold office until their respective terms expire under existing law, and until their successors shall be elected and confirmed, as hereinafter required. When the term of any member of such Board shall expire, the remaining members of the Board shall, by secret ballot, elect his successor. At every meeting of the Legislature the Superintendent of Education shall certify to the Senate the names of all who shall have been so elected since the last session of the legislature, and the Senate shall confirm or reject them, as it shall determine is for the best interest of the University. If it reject the names of any members, it shall thereupon elect Trustees in the stead of those rejected.  The Trustees who shall hereafter be elected and confirmed shall hold office for a term of sic years from the date of their confirmation or election by the Senate, and until their successors shall be elected and confirmed. No Trustees shall receive any pay or emolument other than his actual expenses incurred in the discharge of his duties as such. No Trustee shall hold office for more than 12 successive years. 

Sec. 10. The General Assembly shall have no power to change the location of the State University or the Agricultural and Mechanical College, or the Institutions for Deaf and Blind or the Alabama Girls' Industrial School as now established by law, except upon a vote of two-thirds of the General Assembly, taken by yeas and nays, and entered upon the Journals.

Sec. 11.‑The General Assembly shall provide for taking a school census by townships and districts throughout the State, not oftener than once in two years, and shall provide for the punishment of all persons or officers making false and fraudulent enumerations and returns; provided, the State Superintendent may order and supervise the taking of a new census in any township, district or county, whenever he may have reasonable cause to believe that false or fraudulent returns have been made.

Sec. 12.‑The several counties in this State shall have power to levy and collect a special tax not exceeding 10 cents on each $100 of taxable property in such counties, for the support of public schools, provided, that the rate of such tax, the time it is to continue and the purpose thereof, shall have been first submitted to a vote of the qualified electors of the county, and voted for by three-fifths of those voting at such election; but the rate of such special tax shall not increase the rate of taxation. State and county combined. in any year more than $1.25 on each $100 of taxable property: excluding. however, all special county taxes for public buildings, roads, bridges, and


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payment of debts existing at the ratification of the Constitution of 1875, for which special taxes not exceeding one-fourth of  1 per cent. may be levied and collected; provided, that such funds so raised shall be so apportioned and paid through the proper school officials, to the several schools in the townships and districts in said county; that the school terms of the respective schools shall be extended by such supplement as nearly the same length of time as practicable, and, provided, that the provisions of this section shall not apply to the cities of Decatur, New Decatur, and Cullman, The General Assembly shall provide for carrying the provisions of this section into effect.

Sec. 13.‑The provisions of this article and of any act of the General Assembly passed in pursuance thereof to establish, organize and maintain a system of public schools throughout the State, shall apply to Mobile County only so far as authorize and require the authorities designated by law to dray that portion of the funds to which county shall be entitled for school purposes and to make reports to the Superintendent of Education, as may be prescribed by law. And all special incomes and powers of taxation, as now authorized by law for the benefit of public schools in said county shall remain undisturbed until otherwise provided by the General Assembly, provided, that separate schools for each race shall always be maintained by said school authorities.

Sec. 14. After the ratification of this Constitution there shall be paid out of the treasury of this State at the time and in the manner provided by law, the sum of not less than $36,000 per annum as interest on the funds of the University of Alabama, heretofore covered into the treasury for the maintenance and support of said institution; provided, that the legislature shall have the power at any time they deem it proper for the best interest of said University, to abolish the military system at said institution or reduce the said system to a department of Instruction, and that such action on the part of the Legislature shall not cause any diminution of the amount of the annual interest payable out of the treasury for the support and maintenance of said University.

THE PRESIDENT‑‑ The question will be upon the passage of the article just read. As many as favor the adoption of the article will say aye, and those opposed no, as your names are called.

Upon a call of the roll, the vote resulted as follows:

AYES.

Messrs. President,

Handley,

Pearce,

Almon,

Harrison,

Pettus,

Ashcraft,

Heflin, of Chambers,

Pillans,

Ranks,

Heflin, of Randolph,

Pitts,

Barefield,

Henderson,

Proctor,

Beavers,

Hood,

Reese,

Beddow,

Howell,

Reynolds (Chilton),

Bethune,

Howze,

Reynolds, of Henry,


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Blackwell,

Inge,

Rogers (Sumter),

Boone,

Jackson,

Samford,

Brooks,

Jones, of Bibb,

Sanders,

Browne,

Jones, of Hale.

Sanford,

Bulger,

Jones, of Wilcox,

Searcy.

Burnett,

Knight,

Selheimer,

Carmichael, of Colbert,

Ledbetter,

Sentell.

Chapman,

Lomax,

Sloan,

Cobb,

Long, of Walker,

Smith (.Mobile).

Coleman, of Greene,

Lowe, of Jefferson,

Smith, Mac. A.,

Cunningham,

Macdonald,

Smith, Morgan M.,

Davis, of DeKalb,

McMillan, of Baldwin,

Sorrell,

Davis, of Etowah,

McMillan (Wilcox),

Spragins,

deGraffenreid,

Malone,

Stewart,

Duke,

Martin,

Tayloe,

Eley,

Maxwell,

Thompson.

Espy,

Merrill,

Vaughan,

Ferguson,

Miller (Wilcox),

Waddell,

Fletcher,

Murphree,

Walker,

Faster,

Norman,

Weakly,

Glover,

Norwood,

Weatherly,

Graham, of Talladega,

Opp,

White,

Grant,

Palmer,

Williams (Marengo),

Grayson,

Parker (Cullman),

Wilson (Clarke),

Greer of Calhoun,

Parker (Elmore) Winn.

Haley,

Total‑100.

NOES.

Byars,

Ky1e,

Spears,

Dent,

Phillips.

Watts.

Foshee,

Porter,

Whiteside,

Total‑9.

ABSENT OR NOT VOTING.

Altman,

Greer, of Perry,

Mulkey,

Bartlett,

Hinson,

NeSmith,

Burns,

Hodges,

Oates,

Carton,

Jenkins,

O’Neal (Laudedale),

Carmichael, of Coffee,

Jones, of Montgomery

O’Neal, of Jefferson,

Carnathon,

King,

O’Rear,

Case,

Kirk,

Renfro,

Cofer,

Kirkland,

Robinson,

Coleman, of Walker.

Leigh,

Rogers (Lowndes),

Cornwall,

Locklin,

Sollie,

Craig,

Long, of Butler,

Stoddard,

Eyster.

Morrisette,

Willet.


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Fitts,

Lowe, of Lawrence,

Williams (Barbour),

Freeman,

Miller (Marengo).

Williams (Elmore),

Gilmore,

Moody,

Wilson (Washington).

Graham, of Montgomery,

And the article was adopted.

THE PRESIDENT‑ The article will be referred to the Committee on Order, Consistency and Harmony of the whole Constitution.

MR. BROOKS‑I now move to reconsider the vote by which Section 16 of the Article on Corporations was adopted.

THE PRESIDENT‑ The gentleman front Mobile moves to reconsider the vote whereby this Convention adopted Section 16 of the article on Corporations. The question will be upon the motion to reconsider.

MR. BROOKS‑I desire to detain this Convention but a very few moments. There was an evident purpose yesterday to drive through Section 16 without, as I thought adequate consideration.  I was cut off from offering the amendment which I had read as a part of my remarks, lay the calling of the previous question.  Now, sir, in my judgment, as I intimated yesterday, the section adopted will have about as much force and effect as Rule 56 of this "lobby-ridden" Convention, the rule which is designed to restrict the privileges of the floor to certain persons. My respected colleague. Mr. Smith of Mobile, when this question was before the Convention some tithe ago, made a speech, characterized by the utmost candor, and in which he stated that the Mississippi Constitution and Statute had practically no force and effect. Now Ir. President of the Mississippi Constitution and statute have in practice no force and effect, I would like to know what is going be the effect of this little weakling that has been adopted by this Constitution. Now the Mississippi statute provides a penalty against railroads and railroad officials for issuing passes which curs does not, and yet even with that penalty upon their, we have the testimony of one of the ablest lawyers of the Louisville and Nashville system that statute cannot be put in force and effect in the State of Mississippi, or has not been up to this date. That is no reason, however, why we should not adopt as strenuous a provision, as necessary, to carry out the intent and purpose of our Constitutional provision. The time may come when the people may see to it that the officers of the law will have the statute carried out. Now, Mr. President, that is all I care to say, except to read the amendments that I propose to offer, that the delegates on this floor may vote upon the question of reconsideration in view of those amendments.  They are short.  The first amendment I read yesterday and I shall not read it now. It only provides that certain words may be inserted in the first paragraph of Section


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16, which shall provide that a railroad corporation or any of its officers or agents who should give passes, etc., shall be liable to a penalty under the law of misdemeanors.  The next amendment that I propose, has reference to another matter–and I want to call the attention of the Convention to the fact that Section 16 creates a sort of free pass aristocracy; that is to say it sets apart in the legislature a certain few, or a certain many, as it may happen to be, of the members of the Legislature, because they happen to be railroad attorneys, or railroad employees, who may ply their vocation and procure and demand for anybody else railroad passes for other people, than for members of the Legislature.  Now, I submit that that thing is manifestly unjust, unfair and indefensible upon any ground.  I say that a railroad attorney who happens to be a member of the Legislature is entitled to all the rights and privileges of the a pass which he holds as such railroad attorney, and I do not believe that the free pass legislation would touch his case because of his official position, and it is given as a part of the compensation for his services.  But if you want to protect him, don’t go so far as to give him or any other employee, or others who do not happen to be railroad attorneys, or employes, the right to procure, demand or accept for others, not members of the Legislature, free railroad passes.  That is giving them an eminence which they do not deserve, by reason of their position, and it is a very wrong thing, it seems to me, and a very indefensible thing, to put that into the organic law of the land.  If you have it as a statute, it may be repealed, but you crystalize it as a provision of the Constitution, and it will stand forever, or until you have a new Constitution, which will not be for many years to come.  Upon that point, I propose to offer this amendment by striking out all after the words “And provided further” in the sixteenth line, and inserting the following words “a member of the Legislature who at the time of his election had a free pass over the lines of any railroad, or other transportation company, as an attorney, or employee thereof, shall not be debarred from the use of the same.”  I think that is as far as we should go in any Constitutional provision.  I submit these remarks for what they are worth, and if the Convention differs with me, of course, they will vote down the motion to reconsider.  I now call for the ayes and noes upon that motion.

MR. OPP–With all due deference to the distinguished gentleman form Mobile I do not think the deliberations of this Convention ought to be further blocked by re-threshing a matter which as we understand it has been incorporated into the section, and is regarded practically by all as a fortunate solution of this pending trouble.  I believe the public prints, with flaming head lines have announced that the pass evil resolution has been stricken down.  I do not think the time of this Convention ought to be further consumed by a discussion of the matter.  I think it is fully understood


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on all sides. It was thoroughly understood in the committee and on the floor of this Convention and elsewhere and I therefore move to lay the motion of the gentleman on the table.

THE PRESIDENT ‑The motion is to lay upon the table.

MR. deGRAPPENREID ‑I desire to ask the gentleman from Covington a question.

THE PRESIDENT‑ Will the gentleman from Covington yield?

MR. OPP‑ Yes sir.

MR. deGRAFFENREID‑ The gentleman from Mobile (Mr. Brooks) said something about this being a "lobby-ridden Convention"—I want to ask you if that is your understanding?

MR. OPP— I did not hear what the gentleman from Mobile said. "Lobby-ridden?"   If it is I do not know it‑-the gentleman ought to give his evidence. 

THE PRESIDENT‑ The question will be upon the motion to table.

The ayes and noes have been demanded. Is the call sustained?

The call was not sustained.

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

MR. BANKS‑ ‑It was said yesterday upon this floor that the measure offered to this Convention in Section 16, was a compromise measure between those who are opposed to and legislation on this question, and those who are in favor of blotting out this whole free pass system. I want to say that it, is not, so far as I am concerned, a compromise measure, and that I had no part in this compromise. This is the first time that I have heard anything at all of its being offered as a compromise measure, and I want to say for myself that the measure meets my entire disapprobation.

THE PRESIDENT ‑The next order of business will be the consideration of the report of the Committee on Corporations. The Secretary will read the next section.

MR. HOWZE‑ Before that is taken up, I ask leave to introduce a resolution which I think will be of interest to the Convention, for their action.

Resolution No. 315 by Mr. Howze (Jefferson) was read as follows:

Resolution 315 by Mr. Howze:

Whereas, the Convention has about completed its labors, with the exception of action upon the report of the Committee on the


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Order, Consistency and Harmony of the Whole Constitution, and whereas it is uncertain when this report can be made and acted upon, and it is important that such action should be taken by this Convention as will be the most economical and best to facilitate the work of the Convention.

Therefore, be it resolved, That a committee of five be appointed, consisting of the President and four other members named by him, whose duty it shall be to investigate and report whether it will be best for the convention to remain in session until the Committee on Order, Consistency and Harmony shall make its report or to adjourn to some future day.  Said Committee is authorized to report such course as it may deem best for this Convention to adopt in the premises.

MR. HOWZE–I move that the rules be suspended and that the resolution be put upon its passage.

Upon a vote being taken, the rules were suspended.

THE PRESIDENT–The question will be upon the adoption of the resolution.

MR. WATTS–I have a substitute for the resolution.

The substitute was read as follows:

“Be it resolved, that the Committee on Harmony be, and they are hereby instructed to report to this Convention the articles passed on by them, and that this Convention proceed to consider said report.”

MR. LOWE (Jefferson)–I move that the substitute be laid upon the table.

MR. WATTS–I have the floor, I think if the gentleman from Jefferson will be kind enough.

MR. LOWE–I thought the gentleman had taken his seat.

MR. WATTS–I have the floor.

THE PRESIDENT–It is the custom to hear the author of the proposition in its favor.

MR. WATTS–If this Convention desires to lay that resolution upon the table, of course, they have a perfect right to do so, but I propose to state to this Convention the reason why the substitute is offered.  I am informed that if this Convention adjourns to wait upon the Harmony Committee and the members return to their homes and come back here at a later day, it will cost the State something like $3,800, and furthermore, if the members go home to their constituents and come back at a later day, they will probably come back each with an amendment of some


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CONSTITUTIONAL CONVENTION, 1901

sort which will start to tearing to pieces what we have already done, and the result will be innumerable votes to reconsider. By the rules of this Convention adopted last Saturday, the Convention has the right to consider the report of the Harmony Committee partially and not as a whole. I am informed that this Harmony Committee has passed six or more of the articles of this Convention, and if the Harmony Committee will report to this Convention the articles which they have passed upon, the Convention can take them up and consider them, and by the time we are through adopting those articles already passed upon, the Harmony Committee will no doubt be ready with the rest of them, thereby this Convention can proceed with its work without separation, and we can finish this Constitution a great deal quicker than we could by any other method. Therefore, I think the substitute should be adopted.

MR. WHITE‑I hope that the substitute offered by the gentleman from Montgomery will not be adopted. And right here it is well enough to state that before a very well attended meeting of the Committee on Harmony, Consistency, etc., it was decided that it was not practicable to report the Constitution article by article.  We had hoped that the suggestion made by the Committee on Rules allowing us to report in that way could be availed of, but after going over the entire subject and giving it careful, thoughtful consideration, the committee decided that it was not practicable to report it that way, and solve of the reasons that moved the committee to act in this way might be given. The committee, say, will report one article. Well, somebody has to be on the floor of the Convention, with the Convention to take care of it and to give the Convention to understand why the committee has made amendments, correction, etc. In other words, unless the Committee was on the floor of the House to give its reason; for its actions, the strong probabilities are that the Convention would decide that it had acted without reason, especially where it came in contact with the views of members of the Convention. We cannot sit in the hall, and at the same time sit in the committee.  If we have to sit in the Convention during the time every article is being considered, we cannot sit in the committee. Then, another thing, all that we have done necessarily is tentative. We have, as has been suggested, agreed upon practically six or seven articles.  In fact, nearly all of them that have reached us, but that is not final. After the whole instrument is before it, and acted upon, then it will be an important task to go over to take one section from one article and put it in another. We cannot do that very well if it has been reported to the Convention by piecemeal. I would furthermore state, for the benefit of the Convention, that the committee also decided that in view of the fact that some of the articles had not been passed last night, it would take several days to have them printed, and that it will take at least two or


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OFFICIAL PROCEEDINGS

three days after we have agreed upon everything that we have to report, to have the Constitution either typewritten or printed, and our reports, and that we could not, complete this work before tomorrow week. That was the deliberate decision of the committee.  I feel it is my duty to impart that information to the Convention.  I hope the substitute will not be adopted, because the committee, who have given that matter very careful consideration, have already decided that it was not practicable.

MR. deGRAFFENREID ‑I have an amendment. I want to offer as substitute for both motions.

The substitute was read as follows:

"Resolved, That the Convention, upon the completion of the business now on the calendar, recess until Wednesday, the 28th clay of August, at 12 o'clock mid‑day ; that during such recess no member shall be allowed pay except the members of the Committee on Order, Consistency and Harmony of the whole Constitution, but that each member be allowed mileage of 5 cents per mile each way to and from his home."

MR. deGRAFFENREID‑ On last night the Committee on Order, Consistency and Harmony of the whole Constitution, after investigation, concluded that they could make a full report by 12 o'clock on Wednesday week, and that it could not be done before that time. As has been stated by the chairman of the committee, it was thought it would be not advisable for the committee to make its report by piece meal, and in view of the fact that the Committee on Harmony can make its report by Wednesday week, It seems to me that it would be well for the Convention to recess until that time, and for that reason I offer a substitute.

THE PRESIDENT–The question will be upon the adoption of the substitute offered by the gentleman from Hale for the resolution offered by the gentleman from Jefferson and the amendment offered by the gentleman from Montgomery.

MR. REESE‑ Mr. President, in view of the conflicting suggestions and opinions of the different members, it seems there has not been much concert of action or much concert of opinion about this matter. It is a matter of utmost importance and a matter that should be considered advisedly, and it is a resolution of too much importance to be flashed in the pan here and voted on here without any discussion or without any reflection, and for that reason, I move that the resolution and the pending amendments be referred to the Committee on Rules.

MR. OATES‑ Mr. President, after hearing the facts stated by the Chairman of the Committee on Harmony, etc., and our knowledge of the existing circumstances, I entirely concur in what has been said. I think it is decidedly better that we delay until


4587

CONSTITUTIONAL CONVENTION, 1901

the Constitution can be reported by the Committee as a whole. I think that it is time well spent to delay until that can be done, and it seems to me that the substitute offered by the delegate from Hale for the others pending is very reasonable, and I am therefore in favor of its adoption. I do not see well how any objection can be made to it.

Now if a committee should be appointed to inquire into this matter I presume they would ascertain nothing more than that the Convention is now in possession of, and it seems to me an unnecessary delay, and therefore I move the previous question upon the adoption of the substitute.

THE PRESIDENT‑ The pending question is a motion to refer. The gentleman moves the previous question on the motion to refer and the amendment?

MR. HARRISON‑I move to table the motion to refer.

MR. WATTS‑I ask leave to withdraw my resolution, for the reason that I think the first one offered ought to be adopted.

Leave was given to withdraw.

THE PRESIDENT‑ The amendment offered by the gentleman from Montgomery is withdrawn. The question will be upon the motion to table the motion to refer.

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

MR LOWE (Jefferson)‑I move to table the substitute.

THE PRESIDENT‑ It is moved that the substitute offered by the gentleman from Hale be laid upon the table.

Upon a vote being taken, a division was called for, and the motion to table the substitute offered by the gentleman from Hale prevailed by a vote of 61 ayes and 45 noes.

THE PRESIDENT‑ The question recurs upon the motion for the previous question upon the original resolution. The question is shall the main question be now put?

A vote being taken the main question was ordered.

THE PRESIDENT‑ The question is on the adoption of the original resolution offered by the gentleman from Jefferson.

MR. PROCTOR‑I ask for a reading of the resolution.

The resolution was read as requested.

Upon a vote being taken, the resolution was adopted.

Leaves of absence were granted as follows: To Mr. Craig for yesterday; to Mr. Lowe of  Lawrence for today; to Mr. Sam‑


4588                  

OFFICIAL PROCEEDINGS

ford of Pike for yesterday; to Mr. Henderson for yesterday, and Mr. Hinson for yesterday and today.

THE PRESIDENT‑ The question for consideration will be the report of the Committee on Corporations. The Secretary will read the next section of the report of the Committee on Corporations.

Section 17 was read as follows:

Sec. 17. No railroad company shall give or pay any rebate or a bonus the nature thereof, directly or indirectly, or do any act to mislead or deceive the public as to the real rates charged or received for freights or passage; and any such payments shall be illegal and void, and these prohibitions shall he enforced by suitable penalties.

MR. FERGUSON‑ The section reported by the committee is a new section copied bodily from the Constitution of Georgia. It prevents railroads and common carriers from giving rebates or bonuses in the nature of relates. It is furthermore made the duty of the Legislature to enforce the provision by adequate penalties, and unless somebody desires to debate the question, I move its adoption and call for the previous question.

Upon a vote being taken, the main question was ordered.

Upon a further vote being taken, the section was adopted.

Section 18 was read as follows:

Sec. l8. Rights, privileges and easements for public utilities, along and under the streets of incorporated cities and towns shall not be granted, except by the proper legal authorities of such incorporated cities and towns.

MR. HARRISON‑ If the Convention will remember, the provisions of this section have been substantially adopted by the Convention and engrafted as a section in the article on Municipal Corporation, where the Convention then seemed to think it properly belonged, and by an understanding with the chairman of the Committee on Municipal Corporations, when certain sections of that article had been postponed for consideration with the pending article. I agreed with him that these other two sections should be laid upon the table, and that they have been considered and adopted as a part of this article. I further agreed that I would move to lay Section 18 upon the table, it being already engrafted in it.

MR. WATTS‑ What section in the Article on Municipal Corporation covers this section?

MR. HARRISON‑I do not remember the number, but there is one substantially the same.


4589

CONSTITUTIONAL CONVENTION, 1901

MR. WATTS‑ The reason I asked the question, is because I do not recall any such provision.

MR. HARRISON‑I move, therefore, to lay this section on the table.

MR. O'NEAL (Lauderdale)‑It occurs to me we struck it out of the report of the Committee on Municipal Corporations, on the around that your Committee had reported it.

MR. HARRISON‑ No, sir; I am confident, and I am informed by the Clerk, that it is the same as Section 2 of the Article on Municipal Corporations.

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

Section 19 was read as follows:

Sec. 19. No railroad, canal or other transportation company in existence at the time of the ratification of this Constitution, shall have the benefit of any future legislation, by general or special laws, other than in execution of a trust created by law or by contract, except on the condition of complete acceptance of all provisions of this Article.

MR. WILLIAMS (Marengo)‑The Committee desire me to state that this is identically the same as Section 25 of the present Constitution on Corporations, and for that reason, I move its adoption.

Upon a vote being taken the section was adopted.

MR. HARRISON‑I now move—

MR. SANFORD (Montgomery)— I offer an amendment to the report of the Committee.

MR. HARRISON‑I move that this Article be engrossed and ordered to a third reading.

MR. WHITE‑I hope the gentleman will not do that, but allow an opportunity to offer amendments, as has been done with every other Article of the Convention.

MR. THOMPSON– I have an amendment.

MR. HARRISON‑ Of course, if there is anything additional desired to be offered, I will withdraw the motion.

THE PRESIDENT‑ The motion of the gentleman does not cut off amendments.

The amendment offered by Mr. Thompson was read as follows:


4590                  

OFFICIAL PROCEEDINGS

Amend the report of the Committee on Corporations by adding the followings section: Section — . No person, firm or corporation engaged in mining, shall have the authority to condemn a passage or right of way under the lands of another for more than five hundred feet in length except immediately along section or quarter section lines.

MR. THOMPSON‑ Mr. President and gentlemen of the Convention, the amendment which I have offered, I think ought to be incorporated in this Article. The only objection I have heard urged to it, by any member of the Committee on Corporation, to whom I submitted it, is that it is in its nature legislative, but I submit that it is not. It is a limitation upon the lower of the legislature.  It provides that no person, firm or corporation, engaged in the business of mining, shall have the authority to condemn a right of way under the lands of another for a distance of more than five hundred feet in length, except they follow section or quarter section lines. Now, to any one familiar with the way the lands of the State are divided into townships, sections and quarter sections, it will be easily understood what the effect of this amendment will be. Under the law as it stands at present, and has stood according to my recollection, since the adoption of the present code in 1896, a mining corporation is authorized to condemn a right of way under the lands of another for an indefinite length, for any length, indeed, and were only limited by the cost of constructing an underground passage. It would be possible, and likely, as the law stands at present, that by the condemnation of a right of way under the lands of another, to strike through the middle of a forty acres of land, and dig a tunnel without reference to the mineral that might be on the lands they had condemned. It could be constructed with reference to the coal or other mineral that was desired to be reached by the person or corporation offering to condemn, and it is very likely, very probable, that it would leave the forty acre of land cut in two, where it could not be used by the owner, and the damages that would be assessed by a jury in the condemnation proceedings, would be entirely inadequate to meet the damages that would naturally follow to the adjacent land. My amendment does not in any sense prevent condemnation. It merely limits it.  While it may be convenient for a mining company to condemn through the center of forty acres of land, it will be seen that it will be a very easy matter to do it along the section or quarter section line until they strike down the line.

It could result in no considerable inconvenience to the mining company and would result in a great deal of saying to the land owner. It requires them to go down the line and not strike through the middle of the land. As to the practical effect of this, the only land that I have personal knowledge of, that I know would be likely affected by the provisions of this section in the future, are the lands of the University. In my county, the lands of the Uni‑


4591

CONSTITUTIONAL CONVENTION, 1901

versity are composed almost exclusively of detached forties, in themselves practically worthless, but by reason of their position, they might be worth a great deal more. This, as I say, does not, and will not, hinder development.

I can illustrate it. Suppose that (displaying three envelopes, and illustrating the relative position of quarter sections) represents three forties of land and a mining company owns this, and that, and an individual owns this one and the one corresponding down here; then I provide that they should have the right to condemn a distance of five hundred feet across there, which you could easily ascertain by a simple mathematical calculation would be 250 feet from the forty each way, making a distance of five hundred feet in width and five hundred in length, simply describing a square. Then the other provision is they may follow down a section line. Therefore, it could work no hardship. It could not prevent the development of any mineral region, and would likely result in a greater saving to the owner of a forty acres of land.

I can see no valid objection to this. I think it would be a good provision, and I hope the Convention will adopt it and that the Committee on Corporations will not offer objections, but that they will accept this amendment as a separate section to their article; therefore I move that it be adopted.

MR. PILLANS‑I will ask the gentleman if he really thinks the State of Alabama can give to any private person the right to take the lands of another, for private use, by any constitutional provision, and if it cannot, what is the need of limiting the amount of land that it can take ?

MR. THOMPSON ‑ I think if the gentleman will refer to Section 1145 of the Code—

MR. PILLANS‑I am aware that we have such a provision in our Code, but I think the Supreme Court of the United States has distinctly declared that the taking of private property for private use is a violation of the 14th amendment of the Constitution, as being a deprivation of property without due process of law. This is my recollection at the present time, and I ask the gentleman because he has probably had the matter under consideration.

MR. LONG (Walker)‑ I want to call the attention of the delegates on this floor to this amendment, which I think would do a great injustice to the large coal companies operating in this State. It does not allow them to go on the land of another, if the coal seams run in a certain direction. It would force a great many mining companies to go out of business. This is for underground rights of way and the section should be amended so as to allow them to go along the lines of sections or quarter sections or subdivision lines. Now, if the author of the section will do that, I do not see any harm in it.


4592                  

OFFICIAL PROCEEDINGS

The amendment reads as follows: "No person, firm or corporation engaged in mining shall have the right or authority to secure passage or right of way under lands of another more than 500 feet in length, except immediately, along the section or quarter section line.

MR. THOMPSON‑ Repeat your objection. What is your suggestion?

MR. LONG‑ My objection to it is because it would not allow any provision to follow the line of a twenty acre tract of land, and a great deal of land is divided by twenty‑ acre line, and you have to go to a forty acre line or the quarter section line of a section of land means 160 acres of land, and it is all divided into 40's and 80's, and it means that a man with 40 acres of land could block a corporation with 40,000 acres of land. I move to lay the section upon the table.

THE PRESIDENT‑ It is moved that the section be laid upon the table.

MR. THOMPSON‑I want to ask the gentleman a question.  You state that land is divided into sections and quarter sections?

MR. LONG ‑ Yes.

MR. THOMPSON ‑Don't that authorize any company to condemn along a quarter section?

MR. LONG‑A quarter section is 160 acres.

MR. THOMPSON‑ Isn't it divided by 40's?

MR. LONG‑ The seam may run 500 feet from this line and the whole thing is a legislative matter, and I move to lay it upon the table. Upon a vote being taken, the motion to table prevailed.

MR. SANFORD (Montgomery)‑I wish to offer an amendment.

The Secretary read the amendment as follows: Amend the report of the Committee on Corporations by adding thereto the following additional section: No municipality or incorporated city or town shall grant a franchise or enter into a contract which may continue for fifty years, without first submitting such franchise or contract to tile qualified electors of such cities or towns or municipalities at an election expressly held for this purpose, and unless the majority of such electors' shall affirmatively approve by their votes such franchise, grant or contract, the same shall not be granted or made, and all franchises, grants or contracts not so approved shall be null and void."


4593

CONSTITUTIONAL CONVENTION, 1901

TIE PRESIDENT‑ The question will be upon the adoption of the section offered by the gentleman from Montgomery.  Is the Convention ready for the question?  Does the gentleman from Montgomery desire to debate the amendment?

MR. SANFORD (Montgomery)‑ Yes. The grant of a franchise by a municipality, city or town for a contract to endure for fifty years is too long to take from the people one of their great prerogatives, and to grant such privileges or favors to any class of men and it operates a great injustice. Our cities are changing, no day is precisely like yesterday, and therefore it is imprudent and unwise to grant a franchise to last two generations, as we are always altering and improving the condition of our country.  If it be so wise, if it be so politic, so full of sagacity, the people will know it, and they will approve it; if it be against their interests, they will disapprove it.   I hope that such an amendment will not be voted down or tabled. I can assure my friends who represent corporations upon the floor that they need not go into hysterics upon this subject for fear of affecting railroads. It is not intended to affect railroads, it is intended to affect the communities which undertake to grant such franchises, the municipalities, the cities and the towns, and I hope that inasmuch as the people have suffered from it— Montgomery has not recovered from a fifty years franchise or grant without the consent of the people, and from which they have endured great evil ‑‑that this amendment to the report will be accented by the Convention.

MR. WEAKLEY (Lauderdale)‑ I sympathize, to some extent, and agree with the gentleman, that there should be a limitation upon the length of public franchises. I do not think, however, that the matter of a grant of franchises should be referred to a popular election. It seems to me that such a course would lead to corruption in municipal politics. and inasmuch as this subject has been fairly presented to this Convention and voted down I do not see the need of any further discussion upon the subject, and I move to lay the amendment of the gentleman from Montgomery on the table.

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

MR. WHITE— I wish to offer an amendment.

The Secretary read the amendment as follows:

Section — .  A Railroad Commission is hereby created consisting of a President and two associates.  One of said Commissioners shall be learned in the law, one of experience in railroad business, all of whom shall be elected by the qualified electors of this State. The term of office of said Commissioners shall be four years, and shall begin at the expiration of the term of the present Railroad Commission. One of the Commissioners shall


4594                                          

OFFICIAL PROCEEDINGS

be elected at the general election in 1902, and every four years thereafter, the other two at the general election in 1904, and every four years thereafter. Their compensation shall be fixed by the Legislature and paid as other State officers, and their duty shall be to carry out the provisions of this Constitution and all laws enacted relating to the transportation of freight and passengers by railroads in this State, and to discharge such other duties and exercises such other powers as may be conferred upon them by law. No person owning any stock or having any interest in any railroad, or who is the agent or employe of any railroad corporation or company, shall be eligible to the office of Railroad Commissioner.

THE PRESIDENT‑ The question will be upon the adoption of the amendment offered as an additional Section to the Article on Corporations.

MR. WHITE–I do not wish to discuss this matter, I think it is very well understood. This Section simply makes the Railroad Commissioners a constitutional office, makes them effective by the people, fixes their term of office at four years, and provides that they shall succeed the present Railroad Commissioners, that they shall discharge the duties imposed upon them by this Constitution and such other duties as may be imposed upon them by law. The principle is right. The people, especially the people of Alabama, are capable of self-government, and it is right that they should select all officers. They can select Supreme Court Justices, the Chief Justice and other State officers, they certainly have the capacity and can be trusted with the selection of Railroad commissioners, and as a gentleman suggests, eighteen States of the Union now select their Railroad commissioners in this way.  As I said, I do not care to take up the time of this Convention, I have no doubt that every man in it has made up his mind one way or the other, and that a discussion of it will not change the industrial people of Alabama, are anxious that something should be done to make the Railroad Commission effectual, to have it carry out the purposes for which it was designed, but I will not debate it further, I simply submit the question.

MR. MURPHREE— Mr. President, the gentleman's position exactly in accord with mine, and my recollection is I introduced an ordinance to that effect.  These matters were all considered by the Committee, and after mature deliberation, we came to the conclusion that we would adopt the Section reported by the Committee.  I regret very much to have to take the position, but in justice to myself and the agreement entered into on the part of myself and the other members of the Committee, I must move to lay the amendment upon the table.

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


4595

CONSTITUTIONAL CONVENTION, 1901

MR. GRAHAM (Montgomery) ‑ I ask unanimous consent from the Convention to add an amendment to Section 1 of the Article. I desire to explain it that the Convention may understand it. Section 4 of the Article exempts benevolent, educational and religious corporations from paying the franchise tax, that is, foreign corporations. In other words, the Section exempts foreign corporations from paving the franchise tax, that is, religious or educational institutions. Section 1 is applicable to domestic corporations, and they are not exempted from it. Therefore, I offer this amendment and ask unanimous consent that it be adopted.

The Secretary read the amendment as follows:

Add to Section 1 the following: But strictly benevolent, educational or religious corporations shall not be required to pay such tax."

THE PRESIDENT‑ The gentleman from Montgomery asks unanimous consent that this amendment may be incorporated in Section 1 of the Article. The Chair hears no objection, and it is so ordered.

MR. HARRISON‑I now move that the Article be engrossed and ordered to a third reading, and on that I move the previous question.

MR. O'NEAL‑I will ask the gentleman to withdraw that for a moment. I have an amendment.

THE PRESIDENT‑ The question is, shall the main question be now put?

MR. BURNS‑I rise to a point of order. A motion was made a while ago to table the Section of the gentleman from Jefferson. The result of that vote has not been announced.

THE PRESIDENT‑ The Chair stated that it appeared that the ayes had it, the ayes had it and the Section was laid upon the table.

MR. BURNS‑ There was a call for the ayes and noes.

THE PRESIDENT‑ The Chair failed to hear the gentleman.

MR. BURNS‑I didn't make it.

THE PRESIDENT‑ The question is, shall the main question be now put.

The main question was ordered.

THE PRESIDENT‑ The question is upon the motion that this Article be ordered engrossed and to a third reading.

Upon a vote being taken, the motion was adopted.


4596                  

OFFICIAL PROCEEDINGS

MR. HEFLIN (Randolph)‑I am directed by the Committee on Schedule, etc., to make a report.

MR. WHITE‑I move to reconsider the vote whereby the amendment which I just offered was laid upon the table. We wanted an ayes and no vote and called for it. The Chair did not hear it. I suppose— I am sure that he did not— and we feel that we are entitled to have an ayes and no vote, and I move to reconsider the vote whereby that amendment offered by myself was laid upon the table, and upon that I call for the ayes and the noes— to reconsider the vote whereby it was laid upon the table.

MR. FOSTER‑I ‑would like to ask the gentleman how he voted?

THE PRESIDENT‑ The Chair would state that he paused for a moment to see if there would be a call for division, and then announced the result. He then heard something about a request for the ayes and noes.

MR. WHITE ‑ The gentleman from Barbour and several others made the call.

MR. MERRILL‑ Between the time the Chair paused, I called for a division before the announcement was made.

MR. WILLIAMS (Marengo) ‑ I make the point of order that the gentleman cannot make a motion to reconsider a motion to table.

MR. WHITE–Then I move to take it from the table, and upon that I call for the ayes and noes.

MR. WILLIAMS (Marengo)‑A motion to table cannot be reconsidered and further it has been ordered to a third reading, and his motion does not touch that proposition.

THE PRESIDENT‑ The article has been ordered engrossed and to a third reading, and to reconsider an amendment would not now be in order.

MR. WHITE‑ Then, I move to reconsider the vote whereby the article was ordered engrossed and to a third reading, with a view of taking this from the table— and upon that I call for the ayes and noes.

MR. WILLIAMS (Marengo)‑ I rise to a point of order. On that he would have to suspend the rules, otherwise the motion to reconsider would go over until tomorrow.

THE PRESIDENT‑ The point of order is well taken. Does the gentleman from Jefferson move to suspend the rules?

MR. WHITE— Let it go over. The point of order has been made. I can take it up tomorrow as well as at any other time.


4597

CONSTITUTIONAL CONVENTION, 1901

MR. VAUGHAN‑I move that the rules be suspended and that the matter be taken up.

THE PRESIDENT‑ It is moved that the rules he suspended and that it be taken up and considered at this time.

Upon a vote being taken the rules were suspended.

THF PRESIDENT‑ The motion is to reconsider the rote whereby this article was ordered engrossed and to a third reading.

MR. WILLIAMS (Marengo)‑I move to indefinitely postpone his motion to reconsider.

MR. WHITE— I call for the ayes and noes upon that.

THE PRESIDENT‑ It is moved to indefinitely postpone, and upon that the ayes and noes are call for. Is the call sustained?

The call was sustained.

THE PRESIDENT‑As many as favor the motion to indefinitely postpone the motion to reconsider will say aye and those opposed no as your names are called.

During roll call:

MR. WHITE‑I am paired with the gentleman from Choctaw, Mr. Carnathon, if he were present he would vote aye and I would vote no.

The roll call resulted as follows:

AYES

Messrs. President,

Greer, of Calhoun.

Pearce,

Almon,

Haley,

Phillips,

Barefield,

Harrison,

Pillans,

Bartlett,

Heflin, of Chambers,

Pitts,

Blackwell,

Heflin, of Randolph,

Proctor,

Browne,

Hood,

Reynolds (Henry),

Bulger,

Howell,

Rogers (Lowndes),

Burnett,

Howze,

Rogers (Sumter),

Byars,

Inge,

Samford,

Carmichael, of Colbert,

Jenkins,

Searcy,

Cobb,

Jones, of Montgomery,

Sentell,

Cofer,

Jones, of Wilcox,

Sorrell,

Coleman, of Greene,

Knight,

Stewart,

Cornwall,

Long (Butler),

Studdard,

Craig,

Long (Walker),

Tayloe,

Cunningham,

Macdonald,

Vaughan,

Davis, of DeKalb,

McMillan (Wilcox),

Waddell,

Davis, of Etowah,

Martin,

Watts,

deGraffenreid,

Miller(Wilcox),

Weakley,


4597

CONSTITUTIONAL CONVENTION, 1901

MR. VAUGHAN‑I move that the rules be suspended and that the matter be taken up.

THE PRESIDENT‑ It is moved that the rules he suspended and that it be taken up and considered at this time.

Upon a vote being taken the rules were suspended.

THF PRESIDENT‑ The motion is to reconsider the rote whereby this article was ordered engrossed and to a third reading.

MR. WILLIAMS (Marengo)‑I move to indefinitely postpone his motion to reconsider.

MR. WHITE— I call for the ayes and noes upon that.

THE PRESIDENT ‑It is moved to indefinitely postpone, and upon that the ayes and noes are call for. Is the call sustained?

The call was sustained.

THE PRESIDENT‑As many as favor the motion to indefinitely postpone the motion to reconsider will say aye and those opposed no as your names are called.

During roll call:

MR. WHITE‑I am paired with the gentleman from Choctaw, Mr. Carnathon, if he were present he would vote aye and I would vote no.

The roll call resulted as follows:

AYES

Messrs. President,

Greer, of Calhoun.

Pearce,

Almon,

Haley,

Phillips,

Barefield,

Harrison,

Pillans,

Bartlett,

Heflin, of Chambers,

Pitts,

Blackwell,

Heflin, of Randolph,

Proctor,

Browne,

Hood,

Reynolds (Henry),

Bulger,

Howell,

Rogers (Lowndes),

Burnett,

Howze,

Rogers (Sumter),

Byars,

Inge,

Samford,

Carmichael, of Colbert,

Jenkins,

Searcy,

Cobb,

Jones, of Montgomery,

Sentell,

Cofer,

Jones, of Wilcox,

Sorrell,

Coleman, of Greene,

Knight,

Stewart,

Cornwall,

Long (Butler),

Studdard,

Craig,

Long (Walker),

Tayloe,

Cunningham,

Macdonald,

Vaughan,

Davis, of DeKalb,

McMillan (Wilcox),

Waddell,

Davis, of Etowah,

Martin,

Watts,

deGraffenreid,

Miller(Wilcox),

Weakley,


4598                  

OFFICIAL PROCEEDINGS

Duke,

Murphree,

Weatherly,

Ferguson,

Norwood,

Whiteside,

Foster,

O'Neal (Lauderdale),

Williams (Barbour),

Glover,

Opp,

Williams (Marengo),

Graham, of Montgomery,

Palmer,

Wilson (Clarke),

Graham, of Talladega,

Parker (Cullman).

Wilson (Washington),

Grant,

Parker (Elmore),

Winn,

Grayson,

TOTAL‑79

NOES

Ashcraft,

Hodges,

Oates,

Banks,

Jackson,

Pettus,

Beddow,

Jones, of Bibb,

Porter,

Bethune,

Jones, of Hale,

Reese,

Brooks,

Kyle,

Sanford,

Burns,

Ledbetter,

Selheimer,

Chapman,

Lomax,

Sloan,

Dent,

McMillan (Baldwin),

Smith, Mac. A.,

Eley,

Malone,

Spears,

Espy,

Maxwell,

Spragins.

Fletcher,

Merrill,

Thompson,

Foshee,

Moody,

Walker,

Handley,

Norman,

Henderson,

TOTAL‑39

ABSENT OR NOT VOTING

Altman.

Hinson,

O'Neill (Jefferson),

Beavers,

King,

O'Rear,

Boone,

Kirk,

Renfro,

Cardon,

Kirkland,

Reynolds (Chilton),

Carmichael, of Coffee,

Leigh,

Robinson,

Case,

Locklin,

Sanders,

Coleman, of Walker,

Lowe ( Lawrence),

Smith (Mobile),

Eyster,

Lowe (Jefferson),

Smith, Morgan M.,

Fitts,

Miller (Marengo),

Sollie,

Freeman,

Morrisette,

Willet,

Gilmore,

Mulkey,

Williams (Elmore),

Greer, of Perry,

NeSmith,

PAIRED

AYES                                                 NOES

Carnathon,

White,

The motion to indefinitely postpone prevailed.


4599

CONSTITUTIONAL CONVENTION, 1901

THE PRESIDENT‑ The next order of business will be consideration of the report of the Committee on Schedule.

The Secretary read the report of the committee as follows:

Mr. President:

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

The committee has audited the accounts hereto attached and find that the State of Alabama is indebted to the Ed C. Fowler Company of Montgomery, Alabama, in the sum of $113.15.

We find that the said State is indebted to the Brown Printing Co. of Montgomery, Ala.. in the sum of $464.45 for printing.

We find that said State is indebted to J. W. Terry of Montgomery, Ala., in the sum of $5 for the use of a typewriter from July 24 to August 24.

All of the above accounts are for printing done, and for articles furnished the State of Alabama for the rise of the Constitutional Convention and all of the above accounts are itemized as shown by bills hereto attached. Total amount $582.60. And we recommend the payment of the same, all of which is respectfully submitted.

John T. Heflin, Chairman.

Schedule, Printing and Incidental Expenses.

THE PRESIDENT‑ The report of the Committee will lay on the table and be printed.

MR. HEFLIN (Randolph)‑I am directed by the Committee on Schedule and Printing to report back to the Convention without recommendation ordinance 446.

MR. WILLIAMS (Marengo)‑I ask the President to inform the Convention, that I will ask a suspension of the rules in order that the ordinance may be considered. As I understand, it is an ordinance providing for the indexing of the stenographic report and it is necessary that work should be commenced on it if it is adopted.

The Secretary read Ordinance 446 as follows:

Ordinance 446, by Mr. Williams of Marengo:

To provide for the indexing the stenographic report and for supplying members of the Convention therewith, and to repeal Resolution No. 169, touching the same matter.


4600                  

OFFICIAL PROCEEDINGS

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.

Be it further ordained, that the Secretary of this Convention shall immediately, on the adjournment sine die of this Convention, contract with some reliable and competent person to make a full and complete 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 sixty days after the adjournment of this Convention, and shall by the Secretary be placed in the hands of a reliable printer, who shall not make less than twelve hundred (1200) copies thereof, and the contract entered into with such printer shall not exceed the sum of seventy-five dollars, or so much of the same as may be necessary, for the printing of 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 of said index, and the Secretary shall 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 out of any money in the State Treasury, not otherwise appropriated, the sums of money mentioned above for compensation for the services to be rendered, and when the Secretary certifies, under his hand to the Auditor, that the work above mentioned has been fully completed, 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.

Schedules, Printing and Incidental Expenses.

MR. WILLIAMS (Marengo) ‑ I move a suspension of the rules in order that the ordinance may be put upon its passage.

MR. GRANT‑I would like to hear the Chairman of the Committee on Schedule and Printing make some explanation of what that index means that benefit will it be and all that kind of thing? There is confusion in the minds of several members in my immediate vicinity as to what that is going to do. Will it be to show the subject of speeches on certain dates. I ask the Chairman to make an explanation.

MR. HEFLIN (Randolph)‑My information is that this ordinance provides for the appropriation of a certain amount of money, about $200 or $225 for the printing and indexing of the stenographic report. It is not to furnish members with the stenographic report. but by having these indexes, you can refer


4601

CONSTITUTIONAL CONVENTION, 1901

to your stenographic report and find any speech you want or any motion made by any gentleman on any question. That is the only purpose, as I understand.  It is not to furnish any member with the stenographic report.   It does not provide for that at all.

MR. WILLIAMS (Marengo)‑The delegates will notice that the first section of the ordinance provides for the repeal of a certain ordinance that this Convention has heretofore passed. To go back, the Convention will recall that soon after the stenographic reports were started, an ordinance was introduced whereby the Secretary, of State was required to provide for the indexing of the stenographic report.  I introduced that ordinance and therefore the Secretary of State came to me for advice in the matter, and wanted to know what his pay would be. I conferred with him and on looking the matter over, he told me that it would cost $250 or thereabouts for him to index the stenographic report; that he had his hands full, that he would have to learn something about the stenographic report and that it would be difficult for him to index it.  He asked me if there was any other officer the State who could do it cheaper, and if necessary to confer with him and ask the Convention to make a contract with some other officer. I did so I went to the Secretary and he told me he would get the work done for $150, possibly $125. The ordinance, you will see, does not absolutely appropriate the whole $150. It simply authorizes the expenditure of that much under the supervision of the Secretary. The Secretary finds that he can get a competent man to index the report for $150, saving the Convention $100 of what they said should he done. To go farther now, into the matter, the Secretary investigated the printing of four pages of indexing, and finds it will cost $50 and each page thereafter would amount to $12.50 a page. On further consideration of the matter, I have discovered that there would not be exceeding six pages of indexing, possible not exceeding four pages. That is four of these large pages. The idea is to make it conform to the stenographic report as nearly as it can in order that it might be bound with it. The ordinance proposes to appropriate not exceeding $225 and I will say to the Convention that then cut that down to $200 and say that it shall not exceed $200. The Committee on Schedule and Printing desires the Convention to pass on this matter themselves. They do not oppose it, nor do they favor it, except as individual members, and I understand all of them intend to vote for it.

MR. HEFLIN (Randolph)—I would like to say that I cannot agree with the gentleman on that proposition. I understand not all of them will vote for it.

MR. WILLIAMS–Well, now the Secretary himself does not get $150 or $125. It does not go into his pocket, but he will employ a man and has practically contracted with a man who will


4602                  

OFFICIAL PROCEEDINGS

go to work on it.  Now, should it be considered today?   It is necessary to pass it today. The Secretary says he will go to work on it immediately, and although the ordinance provides it must be completed in sixty days, he is satisfied he will have the manuscript ready in ten days after the adjournment of the Convention.  Now we know that it is an old expression that a book without an index is a sealed book.

MR. BURNS— And this will be a book without the pages being numbered, won't it?

MR. WILLIAMS— The Secretary and I discussed that proposition and the only way he could arrive at it would be to index it, by dates or pages, and that raises the question as to how the index would be paged.  If you go into the office of any man that deals in figures very much, you will find a machine that cost about 50 cents, that strikes one, two, three, four, right straight on. The Secretary, of course, will have to number the stenographic report that he indexes.

MR. WATTS‑I rise to a point of order. There is a special order for 11 o'clock this morning.

MR. WILLIAMS‑ The stenographic report, of course, will have to be numbered, but suppose a delegate has to go through and number his stenographic report with pen or pencil, that is a very small matter, very small indeed, and you can get one of these numbering concerns, vote can borrow it from your neighbor in any town they have them, and in that way number the pages. There is a provision that five copies shall be sent to each member of the Convention, that will cover all that any one may desire for his stenographic report, and I want to say further that on investigation   I find you can have your stenographic report bound with the index in it for about $2.50 or $3, and you will have a book that twenty-five years from now will be worth $25 to $100 to vou. It is necessary to have the index to refer to speeches and articles, the reasons why a certain thing was passed.   In the ratification of the Constitution, you will want to refer to these speeches and the different views of members, and the quicker you can get the index, the better.        

MR. GRAHAM (Talladega)— The gentleman who makes the index would have sixty days in which to complete it.

MR. WILLIAMS‑ Yes sir, but the Secretary thinks it can be done in the sixty days.         

MR. REESE‑I rise to a point of order. This is not debatable.

THE PRESIDENT‑ The point of order is well taken.


4603

CONSTITUTIONAL CONVENTION, 1901

MR. WILLIAMS— As the gentleman was arguing the proposition, I thought I might make a statement.

THE PRESIDENT— There is a special order for 11 o'clock this morning.   The Chair thinks that the motion to suspend the rules does not relate to the order of business.

MR. WILLIAMS‑I understand that it relates to everything. To suspend the rules and to consider this immediately.

THE PRESIDENT‑ It is moved that the rules be suspended.

MR. WATTS‑ There is a special order for this hour, and I ask that it be passed on one way or the other.

THE PRESIDENT ‑It would be in order for the Convention to displace the special order.

MR. WATTS‑I understand that, but simply call attention to the fact that there is a special order for this hour.

Upon a vote to suspend the rules, a division was called for, and by a vote of 36 ayes and 31 noes, the motion to suspend the rules was lost.

MR. HEFLIN (Randolph)‑I am directed to report to the Convention the contract made with the Brown Printing Company for the printing of the journal and ask that it be read.

THE PRESIDENT‑ The gentleman asks unanimous consent to make a report of the Committee on Printing and Incidental Expenses. The special order for this hour is the consideration of another matter.

MR. WATTS‑I object.

MR. HEFLIN (Randolph)‑ I have not finished my report, and I think I and entitled to finish that.

THE PRESIDENT‑ It seems to the Chair that the special order would displace the further consideration of the report.

MR. HEFLIN (Randolph) ‑Then I move that the rules be suspended and that I be permitted to take up the report.

THE PRESIDENT‑ The Chair will hear the report and then hear the special order of the Gentleman front Montgomery.

The Secretary read the following report from the Committee on Schedule and Printing

To the Honorable Committee on Schedule, Printing and Incidental Expenses:

Gentlemen— We will print one thousand (1,000) copies of the Journal of the Constitutional Convention as follows:


4604                  

OFFICIAL PROCEEDINGS

On 50‑pound book paper, same quality as that in the Supreme Court of Alabama Reports, and in the same style of type (small pica) for 65 cents per page. Will bind in full cloth one thousand (1,000) copies for 17 cents each, lettered as may hereafter be decided. To be sewed on five bonds, cloth to be as sample shown (publication of Morris Papers, N. Y.)

(Signed.) The Brown Printing Co.

J. H. Crenshaw, Sec. and Treas.

We the Committee of the Constitutional Convention appointed as directed to contract for and let the printing and binding of the Journal of said Convention, hereby award the contract for the said printing and binding to The Brown Printing Company, in accordance with the bid hereinabove submitted and accepted by us.                                                            

John T. Heflin.

Chairman Committee on Schedule, Printing and Incidental Expenses.

August 14th. 1901.

MR. HEFLIN‑I will say to the Convention that we had authority to make this contract. We have closed the contract with the Brown Printing Company, and I now ask that it be printed in the journal, and that the contract be filed with the Secretary of State.

THE PRESIDENT— It is so ordered. The contract will be spread upon the journal and filed with the Secretary of State.

(Mr. Browne took the chair).

MR. BURNS— I rise to a question of privilege. I want to ask this Convention to extend the privileges of the floor to Hon. Benjamin H. Screws, President of the Democratic Caucus, and also a gallant Confederate soldier, and who was Secretary of the Convention of 1875.

The motion was carried.

The special order was taken up.

The Secretary read the amendment of Mr. Watts as follows:

"Amend Section 17 of the report of the Legislative Committee by adding thereto the following words. viz.: `No negro shall be permitted to hold office in this State.' "

And the substitute offered by Mr. Burns was read as follows: "And no person who is not a white qualified voter shall hold office in this State."

MR. WATTS‑I hope that the Convention will take up this proposition and settle it one way or the other today. I think that


4605

CONSTITUTIONAL CONVENTION, 1901

the shape of it should be changed a little, and that it should be made a separate section in the Miscellaneous Provisions in the Constitution. It was put in as an amendment to Section 17 of the Legislative Department, but as it was laid on the table at that time, to be taken up at the pleasure of this Convention, I had the honor at that time to address this Convention and to demonstrate to them that the provision is thoroughly within the Constitution of the United States. I believe it would add greatly to the ratification of this Constitution, and it remains for the Convention to say whether or not they will adopt it, and in order to test the matter, I move that this proposition, the original proposition that no negro shall be permitted to hold office in this State, shall be a separate and distinct section in the Miscellaneous Provision in the Constitution of this State, and upon the vote on that, whenever it comes up. I ask for the ayes and noes.

THE PRESIDENT PRO TEM‑ It seems to the Chair that the question before the Convention will be upon the adoption of the measure that has been set for special order.

MR. WATTS‑ That is what it is.

THE PRESIDENT PRO TEM‑I understood the gentleman to move that it be inserted at some particular place in the Constitution. That would not be in order until the measure has been adopted or passed by the Convention.

MR. WATTS‑I understood that we could not adopt it as an amendment to Section 17 of Legislative Department, because you have passed that: but I move that we adopt that proposition in the Convention and the Committee on Harmony can place it where it will.

THE PRESIDENT PRO TEM.‑ The question will be upon the adoption of the measure as reported by the Committee.

MR. BURNS‑I rise to make a point of order. It seems to me the substitute would take precedence, and that the question would be on the adoption of the substitute and I ask that the substitute be read.

The Secretary again read the substitute.

THE PRESIDENT‑ The question will be upon the amendment offered by the gentleman from Dallas to the substitute offered by the gentleman from Greene.

MR. COLEMAN‑I have the floor.

MR. BURNS‑ The substitute covers everything the original does.

THE PRESIDENT‑ The gentleman is not in order. The Chair recognized the gentleman from Greene.


4606                  

OFFICIAL PROCEEDINGS

MR. BURNS‑I put in a substitute, and I have never yielded the floor.

THE PRESIDENT‑ The Chair did not recognize the gentleman from Dallas to put in a substitute. The Chair understood the gentleman from Dallas would rise for the purpose of information. The Chair now finds that the Chair was wrong in stating that the question was on the substitute offered by the gentleman from Montgomery. The Chair is informed that the question is on the amendment offered by the gentleman from Dallas to the substitute offered by the gentleman from Montgomery.

MR. BURNS‑ If that is the question, I still have the floor.

THE PRESIDENT‑ That motion was not made by the gentleman today.   The gentleman from Greene.

MR. BURNS‑I still insists on the point of order.

THE PRESIDENT‑ The gentleman from Dallas is out of order.

MR. COLEMAN‑ Mr. President and Delegates of the Convention: We are nearing the completion of our labors. It is my opinion that w e have a Constitution unassailable by the courts of this country. It is my deliberate opinion, and you know that I attended diligently to the framing of this Constitution, that when compared to the old Constitution, it is incomparably superior as can be demonstrated by any man acquainted with it.  Now, it seems to me that at this late day, we should not introduce an ordinance here to revive again the feelings which prevailed in this Convention. Young men, do not anticipate the dangers and excitements and troubles which may arise like those of experience, and when we have that which will meet every emergency, why should we originate and bring forward opposition to it? If our people are possessed of the integrity that we give them credit for, and will carry out in good faith the provisions which we have adopted, there will be no danger of any such person ever being elevated to an office in this State. I know that we have as much to apprehend in my county as in any county in Alabama, but I feel perfectly secure that our people will so endorse and carry into effect they provisions of this Constitution as to obviate the necessity of any such ordinance as this. I believe the Convention has heard enough on the subject, and I, therefore, move to lay the substitute and the amendment both upon the table.

MR. WATTS‑ Upon that I call for the ayes and noes.

The call was not sustained.

THE PRESIDENT‑ The question is on the motion of the gentleman from Greene to lay the amendment to the amendment,


4607

CONSTITUTIONAL CONVENTION, 1901

and the amendment upon the table, and upon that the ayes and noes have been called for. Is the call sustained?

The call was not sustained.

The question recurred on the motion of the gentleman from Greene to lay the amendment to the amendment, and the amendment upon the table.

Upon a vote being taken, a division was called for, and by a further vote of 50 ayes and 42 noes, the motion to table prevailed.

MR. COLEMAN (Greene)‑ I rise to a question of personal privilege.

THE PRESIDENT‑ The gentleman will state the question of privilege.

MR. COLEMAN (Greene)‑ I wish to be accurate as to the facts with reference to my using a free pass. It was my intention to say that during my official life extending over a period of nearly twenty-five years, down to the present hour, I never accepted a free pass or free transportation from any railroad as common carrier of passengers; this is absolutely true.

I believe it is due to myself now as we are nearing the end of our deliberations, to remove any wrong impressions that might have been made soon after this Convention assembled by a distinguished delegate with reference to my official conduct. It was stated that I resigned the office of Solicitor when the office was made a salaried one, instead of continuing the fee system which in my circuit yielded a much larger income than the salary, intimating, that such change induced my resignation.

The facts are, the Legislature of 1886‑7 changed the system and placed the salary of a Solicitor at $3,000. I was then elected for a term of six years, which I accepted. In the spring of 1887, while court was in session in Walker county, and I was present as Solicitor, the Hon. A. G. Smith, now of Birmingham, came to court and informed me of the creation of a new chancery division, and informed me that I could get an appointment as Chancellor if I would accept the office. This I agreed to do, notwithstanding the salary of the Chancellor was only $2,250, while that of Solicitor was $3,000. I had been Solicitor many years and was willing to accept an office to which was attached more honor though with less salary. The bar of Alabama and the decisions of the Supreme Court can determine whether my discharge of the duties of the office of Chancellor justified the appointment.

It was also intimated in the same discussion that while I was a member of the Supreme Court the salaries of the judges were increased and no objection was heard from me. The facts are the salaries of the Supreme Court judges were raised in 1886‑7,


4608                  

OFFICIAL PROCEEDINGS

more than two years before I succeeded to that very high and honorable judicial position, and at no time while I was a member of the Supreme Court was there any increase of the salary or any movement within my knowledge to effect such a purpose. The distinguished delegate who gave utterance to the statements here referred to is and has been my personal and political friend and I know he would not intentionally do me a wrong, I feel quite sure he acted under the influence of heated debate and misinformation of the facts but I felt it was due myself that such public utterance should not go unchallenged and without correction.

However many errors and shortcomings may have entered into my long official life (and there are many) I am not conscious that any resulted front improper motives or influences. The above references are the only ones that I have ever heard of and fortunately for me the statutes of the State and the records of the court show that they are utterly without foundation.

Mr. President, just a moment more, I have revised the stenographer's reports before publication in only two instances during the meeting of the Convention, and have not taken up the time in making corrections in these reports after publication. I do not wish it to be understood that my silence is to be construed into an admission of these corrections. Any attention has been frequently called by friends to some grave mistakes; in one instance I remember that where I had said “I do not believe corruption has permeated our entire judiciary," it was reported that "I do not believe corporation has permeated," etc., and there have been many equally glaring. In most cases, however, my meaning has been apparent and I have always been willing to let my position and argument be judged by their merits. I have felt it due myself to slave this statement and explanation appear in the records of these proceedings.

I feel quite exhausted physically, and need rest, and I ask to be further excused from attendance upon the deliberations of this Convention.

The request was granted.

THE PRESIDENT–The Clerk will take up the next regular order on the calendar.

MR. REESE–I think that Ordinance 410 was made a special order on yesterday, immediately after the special existing at this time.

PRESIDENT PRO TEM.–There is no record of it at the Clerk’s desk.

The Chair will allow this ordinance to be taken up, while the records are being searched.  The Clerk has sent to the office for


4609

CONSTITUTIONAL CONVENTION, 1901

the records. Until it arrives, we do not know of any special order, so the Chair will take up this matter.

Ordinance 414 was read as follows:

An ordinance to provide for the succession in the office of Governor in event of his death, resignation, removal from office, disability or absence from the State occurring prior to the next election of a President of the Senate and Speaker of the House.

Section 1. . Be it ordained by the people of Alabama in Convention assembled. That in event the Governor dies, resigns, is  removed or under disability, or absent from the State for more than twenty days prior to the next election of the President of the Senate and Speaker of the House the powers and duties of the office shall devolve in the order named, upon Hon. D. J. Meador, the last President pro tem of the Senate; next, upon the Hon. A. M. Tunstall, the last Speaker pro tem of the House; next upon the Attorney General; next upon the Auditor; next upon the Secretary of State; next upon the Treasurer; but the power and duties of the person exercising the office of Governor in lieu of the Governor shall cease and terminate whenever a President of the Senate and a Speaker of the House shall be elected at the next meeting of any General Assembly.

Sec. 2. Be it further ordained, that this ordinance shall go into effect immediately.

THE PRESIDENT PRO TEM.‑ The question is on the passage of the ordinance as reported by the Committee on the Executive Department.

MR. WATTS‑ Governor Jones, the Chairman of the Committee, is not here, and as I had the honor of introducing the ordinance, for which that is a substitute, I will briefly explain to the Convention why that ordinance should be adopted. Under the provisions of the present Constitution, there is no provision for filling the Governor's Chair, if misfortune should overtake our present Executive, and there should be a vacancy in that office, and this ordinance is simply to fill the vacancy in the interim, until the next legislature meets, when the President of the Senate is elected and it is for the purpose of preventing anything like a complication in the State's affairs by a vacancy in the Governor's office. It ought therefore to be adopted.

MR. OATES‑ It seems to me that the ordinance ought to be amended so as not to call any persons by name. Suppose that person should die, it would not operate, and it ought to be designated by office.

THE PRESIDENT ‑ The ordinance is subject to amendment, if the gentleman will propose an amendment.


4610                  

OFFICIAL PROCEEDINGS

MR. SAMFORD (Pike)‑ If the gentleman will permit me I will suggest why it was that the names of the officers were put in. It is because they were temporary officers. You see that the last Senate, Mr. Meador was elected as President pro tem, and Mr. Tunstall, by reason of the death of the Speaker of the House was elected Speaker pro tem. There had already arisen some question as to the validity of the Speaker pro tem of the House, and for that reason the Committee on Executive Department decided it was best to put it beyond any question. It is only to meet an emergency and to recognize the two temporary officers of the two Houses.

MR. OATES‑I did not understand its reading, that there was any limitation on it.

MR. SANFORD‑ Yes, sir; you observe that it is until the next legislature. when the next legislature meets and new officers are elected, the whole thing ceases to have any operation.

MR. JONES (Montgomery) ‑ Mr. President, in order that there may be no misunderstanding about this (I was absent when it was called up) the reason that the names were mentioned are these: Mr. Meador was elected President pro tem, when President Jelks became acting Governor. When lie returned to his duties in the Senate that ended his office as President pro tem ; the same way with the Speaker pro tem. of the House. The Speaker of the House died after adjournment, and we were fearful that there might possibly become dispute as to who was the last Speaker pro tem., and the last President pro tem., and for that reason, to save any doubt about it, we named the individual who was the last President pro tem. of the Senate, and the last Speaker pro tem. of the House. This is a temporary provision, and it expires by limitation when the legislature meets or this Constitution is adopted.

MR. OATES‑ The explanation is satisfactory to me, though if the double contingency should occur--but I suppose there is no probability of it.

MR. JONES‑ We have provided, if all three die, by taking up the officers as named in Executive Department.

MR. OATES‑ That is all right.

The President here resumed the Chair.

THE PRESIDENT‑ The question is upon the adoption of the ordinance. The ordinance is now upon the second reading, and will he ordered to the third reading tomorrow.

MR. JONES (Montgomery) ‑ It has had two readings. I move a suspension of the rules, and----


4611

CONSTITUTIONAL CONVENTION, 1901

THE PRESIDENT‑ The Chair was misinformed. This is the third reading. The ordinance is upon its final passage. Upon a call of the roll the vote resulted as follows:

AYES

Ashcraft,

Harrison,

Pearce,

Barefield,

Heflin, of Chambers,

Pettus,

Bartlett,

Heflin, of Randolph,

Phillips,

Beavers,

Henderson,

Pillans,

Beddow,

Hood,

Pitts,

Bethune,

Howell,

Porter,

Blackwell,

Howze,

Reese,

Brooks,

Inge,

Reynolds (Chilton),

Browne,

Jackson,

Reynolds (Henry).

Bulger,

Jenkins,

Rogers (Sumter).

Burnett,

Jones, of Bibb,

Samford,

Burns,

Jones, of Hale,

Sanders,

Byars,

Jones, of Montgomery,

Sanford,

Carmichael, of Colbert,

Jones, of Wilcox,

Searcy,

Chapman,

Knight,

Selheimer,

Cobb,

Kyle,

Sentell,

Cofer,

Ledbetter,

Sloan,

Cornwall,

Lomax,

Smith, Mac. A.,

Craig,

Lowe (Jefferson),

Smith, Morgan M.,

Cunningham,

Macdonald,

Sorrell,

Dent,

McMillan (Baldwin),

Spears,

deGraffenreid,

McMillan (Wilcox),

Spragins,

Duke,

Martin,

Stewart,

Eley,

Maxwell,

Tayloe,

Eyster,

Merrill,

Thompson,

Espy,

Miller (Wilcox),

Waddell,

Ferguson,

Murphree,

Walker.

Fletcher,

Norman,

Watts,

Foster,

Norwood,

Weakley,

Glover,

Oates,

Weatherly,

Graham, of Montgomery,

O’Neal (Lauderdale),

White,

Grant,

Opp,

Whiteside,

Grayson,

O’Rear,

Williams (Barbour),

Greer, of Calhoun,

Palmer,

Williams (Marengo),

Haley,

Parker (Cullman),

Wilson (Washington),

Handley,

Parker (Elmore),

Winn,

TOTAL--109

ABSENT OR NOT VOTING

Messrs. President,

Boone,

Case,

Almon,

Cardon,

Coleman, of Greene,

Altman,

Carmichael, of Coffee,

Coleman, of Walker,

Banks,

Carnathon,

Davis, of DeKalb,


4612                  

OFFICIAL PROCEEDINGS

Davis of Etowah,

Leigh,

Renfro,

Fitts,

Locklin,

Robinson,

Foshee,

Long (Butler),

Rogers (Lowndes),

Freeman,

Long (Walker),

Smith (Mobile),

Gilmore,

Lowe (Lawrence),

Sollie,

Graham, of Talladega,

Malone,

Studdard,

Greer, of Perry,

Miller (Marengo), 

Vaughan,

Hinson,

Moody,

Willet,

Hodges,

Morrisette,

Williams (Elmore),

King,

Mulkey,

Wilson (Clarke),

Kirk,

NeSmith,

Kirkland,

O’Neill (Jefferson),

And the ordinance was adopted.

MR. JONES (Montgomery)–This is a very short ordinance, and for the purpose of saving time and getting it before the Committee on Order, consistency and Harmony, I move that the rules be suspended, and that it be referred to them without engrossment.

Upon a vote being taken the motion was carried.

THE PRESIDENT–The Clerk will read the next ordinance.

Ordinance 449 was read as follows:

Ordinance No. 449 by Mr. Browne.

Be it ordained by the people of Alabama in Convention assembled, That so much of an ordinance to provide for the establishment of a Court House and jail at some point to be determined by an election by the people in that portion of St. Clair, which lies south and east of Backbone Mountain, and which is embraced in precincts numbered, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20 and 21, in said county, as amended, be amended by striking out of the same all that applies to the county of Shelby.

MR. BROWNE–I desire to state that there is no objection to this ordinance, and the only effect of it is to take out Beats 8, 9 and 13 of the territory that has an extra Court House in Shelby County.  The matter has been agreed to by all parties interested.  I move its adoption.

THE PRESIDENT–As many as favor the adoption of the ordinance reported by the Committee will say aye and those opposed no as your names are called.

Upon a call of the roll, the vote resulted as follows:


4613

CONSTITUTIONAL CONVENTION, 1901

AYES

Messr. President,

Graham, of Talladega,

O’Rear,

Almon,

Grant,

Palmer,

Ashcraft,

Grayson,

Parker, of Cullman,

Banks,

Greer, of Calhoun,

Parker, of Elmore,

Barefield,

Haley,

Pettus,

Beavers,

Handley,

Phillips,

Beddow,

Harrison,

Pillans,

Bethune,

Heflin, of Chambers,

Pitts,

Blackwell,

Heflin, of Randolph,

Porter,

Boone,

Henderson,

Proctor,

Brooks,

Hood,

Reese,

Browne,

Howell,

Reynolds, of Chilton,

Burnett,

Howze,

Reynolds (Henry),

Byars,

Inge,

Rogers, of Sumter,

Carmichael, of Colbert,

Jackson,

Samford,

Chapman,

Jenkins

Sanders,

Cobb,

Jones, of Montgomery,

Sanford,

Cofer,

Jones, of Bibb,

Searcy,

Craig,

Jones, of Wilcox,

Selheimer,

Cunningham,

Knight,

Sloan,

Davis, of DeKalb,

Ledbetter,

Smith, Mac. A.,

Davis, of Etowah,

Lomax,

Smith, Morgan M.,

Dent,

Lowe, of Jefferson,

Sorrell,

deGraffenreid,

Macdonald,

Spears,

Duke,

McMillan (Baldwin),

Spragins,

Eley,

McMillan, of Wilcox,

Vaughan,

Eyster,

Martin,

Waddell,

Espy,

Maxwell,

Weakley,

Ferguson,

Miller, of Wilcox,

Weatherly,

Fletcher,

Murphree,

White,

Foster,

Norman,

Williams, of Barbour,

Glover,

Norwood,

Williams, of Marengo,

Graham, of Montgomery,

Opp,

Winn,

TOTAL–98

NOES

Merill

Watts,

TOTAL–2

ABSENT OR NOT VOTING

Altman,

Carnathon,

Foshee,

Bartlett,

Case,

Freeman,

Bulger,

Coleman, of Greene,

Gilmore,

Burns,

Coleman, of Walker,

Greer, of Perry,

Cardon,

Cornwall,

Hinson,

Carmichael, of Coffee,

Fitts,

Hodges,


4614                                          

OFFICIAL PROCEEDINGS

Jones, of Hale,

Moody,

Smith, of Mobile,

King,

Morrisette,

Sollie,

Kirk,

Mulkey,

Stewart,

Kirkland,

NeSmith,

Studdard,

Kyle,

Oates,

Tayloe,

Leigh,

O’Neal, of Lauderdale,

Thompson,

Locklin,

O’Neill (Jefferson),

Walker,

Long, of Butler,

Pearce,

Whiteside,

Long, of Walker,

Renfro,

Willet,

Lowe, of Lawrence,

Robinson,

Williams, of Elmore,

Malone,  

Rogers, of Lowndes,

Wilson, of Clarke,

Miller, of Marengo,

Sentell,

Wilson, of Washington,

So the ordinance was adopted.

MR. BROWNE–I move that the rules be suspended and that the ordinance be sent to the committee on Order, consistency and Harmony of the whole Constitution without engrossment or printing.

Upon a vote being taken, the motion was carried.

MR. PETTUS–I ask unanimous consent to introduce a short resolution.

MR. BROWNE– I object.

MR. PETTUS–This is the last day and we are nearing the close of the session, and I move that the rules be suspended and that I be allowed to introduce a short resolution to be referred.

Upon a vote being taken, the motion to suspend the rules was carried.

The resolution offered by Mr. Pettus was read as follows:

Resolution 416, by Mr. Pettus:

Resolved, That the Committee on Order, Consistency and Harmony of the Whole Constitution be and they are hereby instructed to report to this Convention as a part of the Constitution to be adopted, the following Section, to be properly numbered, by the Committee:

Section–.Persons who are not citizens of the United States or who are not descended from a father and a mother belonging to the white race, shall not be eligible to any office under the Constitution and laws of Alabama, except the office of policeman or deputy sheriff.

THE PRESIDENT–The resolution will be referred to the Committee on Suffrage and Elections.


4615

CONSTITUTIONAL CONVENTION, 1901

MR. PETTUS‑I make the point of order that it should go to the Committee on Rules.

THE PRESIDENT‑ It will he referred to the Committee on Rules.

The report of the Committee on Schedule, Printing and Incidental expenses was read as follows:

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

The Committee has audited the accounts hereto attached, and finds that the State of Alabama is indebted to the Ed. C. Folwer Company of Montgomery, in the sum of $113.15.

We find that said State is indebted to the Brown Printing Company of Montgomery, Ala., in the suns of $464.40 for printing.

We find that said State is indebted to J. W. Terry of Montgomery, Ala., in the sum of $5 for the use of a typewriter from July 24 to August 24.

All of the above accounts are for printing done, and for articles furnished to the State of Alabama for the use of the Constitutional Convention, and all of the above accounts are itemized as shown by bills hereto attached. Total amount, $582.60, and we recommend the payment of the same, all of which is respectfully submitted.                

John T. Heflin.

Chairman Committee on Schedule, Printing and Incidental Expenses.

MR. HEFLIN (Randolph)‑I move that the report of the Committee on Schedules, Printing and Incidental Expenses be adopted and that the President of this Convention be authorized to draw his warrant upon the Treasury for the payment of the respective amounts mentioned in the report.

THE PRESIDENT‑ It occurs to the Chair that the report should be adopted by an ayes and nay Vote, as it provides for an appropriation. As many as favor the adoption of the report will say aye and those opposed no as your names are called.

Upon a call of the roll, the vote results as follows:

AYES

Messrs. President,

Beavers.

Browne,

Almon,

Beddow,

Bulger,

Ashcraft,

Bethune,

Burnett,

Banks,

Blackwell,

Burns.

Barefield,

Boone,

Byars,

Bartlett,

Brooks,

Carmichael, of Colbert,


4616                                          

OFFICIAL PROCEEDINGS

Chapman,

Hood,

Pettus,

Cobb,

Howell,

Phillips,

Cofer,

Howze,

Pillans,

Cornwall,

Inge,

Pitts,

Craig,

Jackson

Porter,

Cunningham,

Jenkins,

Proctor,

Davis, of Etowah,

Jones, of Bibb,

Reese,

deGraffenreid,

Jones, of Hale,

Reynolds (Chilton),

Dent,

Jones, of Montgomery,

Reynolds (Henry),

Duke,

Jones, of Wilcox,

Rogers (Sumter),

Eley,

Knight,

Searcy,

Eyster

Lomax.

Selheimer,

Espy,

Macdonald,

Sentell,

Ferguson,

McMillan (Baldwin),

Smith, Mac. A.,

Fletcher,

McMillan (Wilcox),

Smith, Morgan M.,

Foshee,

Martin,

Sorrell,

Foster,

Maxwell,

Spragins,

Glover,

Merrill,

Stewart,

Graham, of Talladega,

Miller (Wilcox),

Tayloe,

Grant,

Murphree,

Thompson,

Grayson,

Norwood,

Waddell,

Greer, of Calhoun,

O'Neal (Lauderdale),

Watts,

Haley,

Opp,

Walker,

Handley,

O’Rear,

Weakley,

Harrison,

Palmer,

Whiteside,

Heflin, of Chambers,

Parker (Cullman),

Williams (Barbour),

Heflin, of Randolph.

Parker (Elmore),

Williams (Marengo),

Henderson,

Pearce,

Wilson (Washington),

TOTAL‑102

ABSENT OR NOT VOTING

Altman,

Kyle,

Robinson,

Cardon,

Ledbetter,

Rogers (Lowndes),

Carmichael, of Coffee,

Leigh,

Samford,

Carnathon,

Locklin,

Sanders,

Case,

Long (Butler).

Sanford,

Coleman, of Greene,

Long (Walker),

Sloan,

Coleman, of Walker,

Lowe (Lawrence),

Smith (Mobile),

Davis, of DeKalb,

Lowe (Jefferson),

Sollie,

Fitts,

Malone,

Spears,

Freeman,

Miller (Marengo),

Studdard,

Gilmore,

Moody,

Vaughan,

Graham, of Montgomery,

Morrisette,

Weatherly

Greer, of Perry,

Mulkey,

White,

Hinson,

Nesmith,

Willet,

Hodges,

Norman,

Williams (Elmore),

King

Oates,

Wilson (Clarke),

Kirk,

O'Neill (Jefferson),

Winn,

Kirkland,

Renfro,


4617

CONSTITUTIONAL CONVENTION, 1901

So the report was adopted.

Ordinance 410 was read as follows:

Ordinance 410, by Mr. Reese.

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

ARTICLE—.

Sec. ‑. In all prosecutions for rape, adultery, fornication, sodomy or crime against nature, the court may, in its discretion, exclude from the court room all persons except such as may be necessary in the conduct of the trial.

Referred to the Committee on Judiciary.

The substitute by the Committee on Judiciary was read as follows:

Substitute by Committee oil Judiciary for Ordinance 410, by Mr. Reese:

In all prosecutions for rape and assault with intent to rape, the court may, in its discretion, exclude from the court room all persons except such as may be necessary in the conduct of the trial.

THE PRESIDENT‑ The question will be upon the passage of the substitute reported by the Committee. Those who favor the passage of the substitute will say aye and those opposed no as your names are called.

Upon a call of the roll the vote resulted as follows:

AYES

Messrs. President,

Carmichael, of Colbert,

Graham, of Montgomery,

Almon,

Chapman,

Graham, of Talladega,

Ashcraft,

Cobb,

Grant,

Banks,

Cofer,

Grayson,

Barefield,

Craig,

Greer, of Calhoun,

Bartlett,

Cunningham,

Haley,

Beavers,

Davis, of DeKalb,

Handley,

Beddow,

Davis, of Etowah,

Harrison,

Bethune,

Dent,

Heflin, of Chambers,

Blackwell,

deGraffenreid,

Heflin, of Randolph,

Boone,

Duke,

Henderson,

Brooks,

Eley,

Hodges,

Browne,

Eyster,

Hood,

Bulger,

Espy,

Howell,

Burnett,

Ferguson,

Howze,

Burns,

Foster,

Jackson,

Byars,

Glover,

Jenkins,


4618                                          

OFFICIAL PROCEEDINGS

Jones, of Bibb,

Opp,

Sloan,

Jones, of Hale,

O'Rear,

Smith, Mac. A.,

Jones, of Montgomery,

Palmer,

Smith, Morgan M.,

Jones, of Wilcox,

Parker (Cullman),

Sorrell,

Knight,

Parker (Elmore),

Spragins,

Kyle,

Pearce,

Stewart,

Lomax,

Pettus,

Tayloe,

Macdonald,

Phillips,

Thompson,

McMillan (Baldwin),

Pillans,

Waddell,

McMillan(Wilcox),

Pitts,

Walker,

Malone,

Proctor,

Weakley,

Martin,

Reese,

White,

Maxwell,

Reynolds (Chilton),

Williams (Barbour),

Merrill,

Reynolds (Henry),

Williams (Marengo),

Murphree

Rogers (Sumter),

Wilson (Clarke),

Norwood,

Sanders,

Wilson (Washington),

O'Neal (Lauderdale),

Sentell,

Winn,

TOTAL‑102

NOES

Foshee,

Watts,

Spears,

Whiteside,

TOTAL‑4

ABSENT OR NOT VOTING

Altman,

Kirkland,

Porter,

Cardon,

Ledbetter,

Renfro,

Carmichael, of Coffee,

Leigh,

Robinson,

Carnathon,

Locklin,

Rogers (Lowndes),

Case,

Long (Butler),

Samford,

Coleman, of Greene,

Long (Walker),

Sanford,

Coleman, of Walker,

Lowe (Jefferson),

Searcy,

Cornwall,

Lowe (Lawrence),

Selheimer,

Fitts,

Miller (Marengo),

Smith (Mobile),

Fletcher,

Miller (Wilcox),

Sollie,

Freeman,

Moody,

Studdard,

Gilmore,

Morrisette,

Vaughan,

Greer, of Perry,

Mulkey,

Weatherly,

Hinson,

NeSmith,

Willet,

Inge,

Norman,

Williams (Elmore),

King,

Oates.

Kirk,

O'Neill (Jefferson),

So the substitute was adopted.

(Mr. Fletcher here took the Chair).

MR. REESE‑ I move that the rules be suspended and that the ordinance be referred to the Committee on Order, Consistency and Harmony without engrossment.


4619

CONSTITUTIONAL CONVENTION, 1901

Upon a vote being taken the motion was carried.

A substitute for Rule 53 was read as follows:

Amendment by Rules Committee:

Amend Rule 53 so as to read as follows:

Rule 53. The Committee on Order, Consistency and Harmony of the Constitution shall report the proposed Constitution to the Convention, or any part or parts thereof, from time to time, as they may think proper, and the Constitution, or the parts there of so reported, shall be read and acted upon Article by Article, and submitted to a vote of the Convention: if a majority of the members present shall vote therefor, the same shall be adopted, but if amended in any particular, it shall be re-referred, with such amendments to the said Committee, who shall cause the Article or Articles amended, with such amendments so adopted, to be rewritten and report the same to the Convention for its adoption.  When the Constitution shall have finally been adopted by the Convention, it shall be enrolled, and when enrolled, it shall be again read, and attested by the President and Secretary, and each delegate to the Convention shall personally sign his name thereto. The signatures of the majority of the delegates present, or a majority of the Convention, shall constitute a sufficient attestation.

THE PRESIDENT PRO TEM.‑ The question will be upon the passage of the substitute.

MR. WHITE‑I move to lay it on the table.

Upon a vote being taken the motion to lay on the table prevailed.

(The President here resumed the Chair.)

THE PRESIDENT‑ The Chair is gratified to state to the delegates that this completes all the business on the regular order.

MR. HEFLIN (Randolph)‑I move that the rules be suspended and that the article reported by the Committee on Schedule be put upon its passage.

THE PRESIDENT‑ It is moved that the rules be suspended and that the article reported by the Committee on Schedules be taken up for consideration, amendment and passage.

Upon a vote being taken, a division was called for and by a vote of 66 ayes and 1 no the motion was carried.

THE PRESIDENT‑‑ Does the gentleman move that it be considered section by section?

MR. HEFLIN‑ Yes. sir.


4620                  

OFFICIAL PROCEEDINGS

Upon a vote being taken the motion to consider the report section by section was carried.

ARTICLE—.

Schedule.

In order that no injury or inconvenience may arise from the alterations and amendments made by this Constitution to the existing Constitution of this State, and to carry this Constitution into effect, it is hereby ordained and declared:

First‑ That all laws in force at the ratification of this Constitution and not inconsistent therewith, shall remain in full force until altered or repealed by the Legislature; and all rights, actions, prosecutions, claims and contracts, of this State, counties, individuals or bodies corporate, not inconsistent with this Constitution, shall continue to be valid as if this Constitution had not been ratified.

MR. HEFLIN (Randolph) ‑There is no change made in this section except the words "General Assembly" are stricken out and the word"  Legislature" inserted in place thereof. I move the adoption of the section.

MR. FERGUSON‑I wish to make an inquiry. The Clerk read it "altered and repealed." Should it not be "altered or repealed?" In the old Constitution, it is "or."

THE PRESIDENT ‑ The gentleman from Jefferson suggests that the committee has made a change in the Constitution; that they have put the word "and" where in the old Constitution the word "or" appears.

MR. HE FLIN‑ That is a typographical error, and I ask unanimous consent to change the word "and" to the word "or."

The consent was given.

Upon a vote being taken the section was adopted.

Section 2 was read as follows:

Section‑ That all-bonds executed by or to any officer of this State, all recognizance’s, obligations and all other instruments executed to this State, or any subdivision or municipality thereof, before the ratification of this Constitution, and all fines, taxes, penalties and forfeitures due and owing to this State, or any subdivision, or any municipality thereof; and all writs, suits, prosecutions, claims and causes of action, except as herein otherwise provided, shall continue and remain unaffected by the ratification of this Constitution. All indictments which may have been found, or which may hereafter be found, or for crime or offense committed before the ratification of this Constitution, shall be proceeded


4621

CONSTITUTIONAL CONVENTION, 1901

upon in the same manner as if this Constitution had not been ratified.

MR. HEFLIN‑ There is no change in that section, and I move its adoption.

Upon a vote being taken the section was adopted.

Section 3 was read as follows:

3‑That all the executive and judicial officers and all other officers in this State, who shall have been elected at the election held in this State on the first day of August, 1898, or who may have been appointed since that time, and all members of the present General Assembly, and all that may hereafter be elected members of the present General Assembly, and all other officers holding office‑ at the time of the, ratification of this Constitution, shall continue in office, and exercise the duties thereof until their respective terms shall expire, as provided by the present Constitution and laws of this State.

MR. HEFLIN‑ The only change made in Section 3 is that the words "except such as may hold office under any act of the General Assembly" are stricken out; and also "all those who may have been elected and hold, office in this State on the first day of August, 1875," is changed and "1898" inserted instead.

MR. PILLANS‑I would suggest that the chairman of the Committee change the words "General Assembly" to "Legislature."

MR. HEFLIN ‑ I ask unanimous consent to accept the amendment.

The consent was given.

MR. ASHCRAFT‑I have the Article before me, and I think we have already enacted a section that takes the place of this Article, which says that "nothing in this Constitution shall be so construed as to abridge the term of any person now holding office."

MR. HEFLIN‑I have been informed that I was in error in accepting the amendment suggested by the gentleman from Mobile (Mr. Pillans), because the present General Assembly will be the present General Assembly until the ratification of this Constitution, when it will be changed to the Legislature, and I think it is better that it should remain as it is reported.

THE PRESIDENT‑ The question will be upon the adoption of the section.

Upon a vote being taken, Section 3 was adopted.

Section 4 was read as follows:


4622                  

OFFICIAL PROCEEDINGS

4‑‑This Constitution shall be submitted to the qualified electors of this State for ratification or rejection, as authorized and required by an act of the General Assembly of this State, entitled "An Act to provide for holding a Convention to revise and amend the Constitution of this State," approved December 11th, 1900.

MR. HEFLIN (Randolph) ‑There is no change in this section, except that it recites the date of the bill that was passed calling the Constitutional Convention, and I move the adoption of the section.

Upon a vote being taken, Section. 4 was adopted.

Section 5 was read as follows:

5‑That instead of the publication as required by Sections 6 and 24 of an act to provide for holding a Convention to revise and amend the Constitution, the Governor of the State is hereby authorized to take such steps as will give general publicity and circulation to this Constitution in as economical manner as practicable.

MR. HEFLIN‑‑' This section is practically the same as the section in the cold Constitution, and I move its adoption.

Upon a vote being taken, Section 5 was adopted.

Section 6 was read as follows:

6‑The unexpired portion of the present terms of the Trustees of the State University shall not be computed as part of the twelve successive years for which, under the provisions of this Constitution, Trustees of the University may hold office, but members of the existing Board of Trustees may, if elected thereto, hold office as such Trustees for twelve successive years in addition to the unexpired portion of their present terms.

MR. HEFLIN (Randolph)‑I move the adoption of the Section.

Upon a vote being taken, Section 6 was adopted.

Section 7 was read as follows:

7‑The salaries of the executive and judicial and all other State officers of this State who may be holding office at the time of the ratification of this Constitution, and the pay of the present members of the General Assembly, shall not be affected by the provisions of this Constitution.

MR. HEFLIN (Randolph)‑‑This is the same as Section 9 of the old Constitution. and I move its adoption.

Upon a vote being taken, the section was adopted.


4623

CONSTITUTIONAL CONVENTION, 1901

MR. HEFLIN (Randolph)‑I move that the rules be suspended and that the report of this Committee be sent to the Committee on Order, Consistency and Harmony of the Whole Constitution without engrossment.

MR. HARRISON‑I desire to ask the gentleman one question before that motion is put. It was a hurried reading of Section 3 (and I have not examined it). I will ask the Chairman of the Committee if the adoption of that section will not have the effect to legislate out of office the Railroad Commission, the supernumerary judge and other offices that have been created by the Legislature?

MR. HEFLIN (Randolph)‑No, sir; I think not. If it does, I am willing to accept an amendment on behalf of the Committee.

THE PRESIDENT‑ Does the gentleman offer an amendment?

MR. HARRISON‑I have not had time to prepare it yet.

MR. HEFLIN (Randolph)‑In answer to that question, I will say that I was informed by some gentleman that perhaps if those words were not stricken out, that it would legislate these officers out of office.

MR. HARRISON‑ What words?

MR. HEFLIN‑ "Except such as hold office under any act of the General Assembly.

MR. SAMFORD (Pike)‑ This article is an important one, and I hope the gentleman will not insist upon his motion to suspend the rules. There is no necessity for it.

MR. HEFLIN‑I have no special interest in the matter. The reason I made that motion was because I was requested by several gentleman to do so.

MR. HARRISON‑ If the motion of the gentleman is insisted upon, I will ask for a reading of the Section.

MR. LOWE (Jefferson)‑ I rise to a point of order. I understand the article has been read by sections and the rules require that it be adopted as a whole.

THE PRESIDENT‑ The course we pursued has been to refer it to the Committee on Engrossment and when reported back from the Committee on Engrossment, it is put upon its passage by an ayes and no vote on the whole article.

MR. LOWE‑ But if I understand the motion of the Chairman of the Committee it is to suspend the rules and refer it to the Committee on Order, Consistency and Harmony.


4624                  

OFFICIAL PROCEEDINGS

THE PRESIDENT‑ That would place it upon its third reading and. final passage.

MR. HEFLIN‑ If there is objection to that I will withdraw the motion.

MR. BROWNE‑I would suggest that if there is anything inadvertently put in it in the way of not providing for offices that now exist under the act of the General Assembly, the Committee on Consistency, Order and Harmony can make that correction and this Convention will probably not be in session tomorrow.  I refer to the matter brought to the attention of the Convention by the gentleman from Lee. I have looked over it, and I do not see anything wrong with it, but if there is anything wrong it could be remedied when the whole report is upon final passage. The rules have already been suspended for the purpose of putting this article upon its passage and I submit that the question is now upon the final passage of it. It having been read by sections and adopted by a viva voce vote, it will be necessary now to take an ayes and no vote, and I hope the Convention will pass it.

THE PRESIDENT‑ It occurs to the Chair that some motion should be made to dispense with the usual order of engrossing.

MR. deGRAFFENREID ‑  I move a suspension of the rules for that purpose.

MR. WHITE‑I want to ask the Chairman of the Committee a question. One provision of your schedule provides for the submission of the Constitution to the electors to be ratified. Has your Committee determined just who are electors and who will be entitled to vote?

MR. HEFLIN‑ No, sir; but I supposed that this Constitution would settle that question.

MR. WHITE‑I just wanted to know if that had been considered by the Committee as to who would be entitled to vote.

MR. JONES (Montgomery)‑The present Constitution fixes that.

MR. O’NEAL (Lauderdale)‑Those who have a right to vote now.

MR. WHITE‑‑I doubt that very much.

MR. deGRAFFENREID ‑ Did we not provide in the Article on Suffrage and Elections that all persons who are now qualified to vote can vote up to the general election in 1902?

MR. WHITE ‑ It is provided that they may vote in the general election of 1902. I am talking about the vote to ratify this Constitution.


4625

CONSTITUTIONAL CONVENTION, 1901

MR. JONES (Montgomery)‑How can you change the qualification of voters now without putting the Constitution in effect before it is ratified?

MR. WHITE‑ Well, you are not changing the qualifications, but simply giving people a chance to qualify who have not the opportunity now. As I understand the registration law in cities of five thousand people, they cannot vote unless they have registered before the election.

MR. JONES‑ Then the gentleman's proposition is to provide for the registration of voters who would otherwise be qualified.

MR. WHITE‑ Why of course.

THE PRESIDENT‑ The question is on the motion of the gentleman from Hale to dispense with the reference of this ordinance for engrossment, and that it be now placed upon its passage.

Upon a vote being taken the motion was carried.

THE PRESIDENT‑ The question will be upon the question of the passage of the article as reported. As many as favor the passage of the article will say aye and those opposed no, as your names are called.

Upon a call of the roll the vote resulted as follows:

AYES

Messrs. President,

Eley,

Inge,

Ashcraft,

Eyster,

Jackson,

Barefield,

Espy,

Jones, of Bibb,

Bartlett,

Ferguson,

Jones, of Hale,

Beaver,

Fletcher,

Jones, of Montgomery,

Beddow,

Foster,

Jones, of Wilcox,

Bethune,

Glover,

Knight,

Blackwell,

Graham, of Montgomery,

Ledbetter,

Brooks,

Graham, of Talladega,

Lomax,

Browne,

Grant,

Long, of Butler,

Burns,

Grayson,

Lowe, of Jefferson,

Byars,

Greer, of Calhoun,

Macdonald,

Carmichael, of Colbert,

Haley,

McMillan (Baldwin),

Chapman,

Handley,

McMillan, of Wilcox,

Cobb,

Harrison,

Malone,

Cofer,

Heflin, of Chambers,

Martin.

Cunningham,

Heflin, of Randolph,

Maxwell,

Davis, of DeKalb,

Henderson,

Merrill,

Davis, of Etowah,

Hodges,

Miller, of Wilcox,

Dent,

Hood,

Moody,

deGraffenreid,

Howell,

Murphree,

Duke,

Howze,

Norman,


4626                  

OFFICIAL PROCEEDINGS

Norwood,

Porter,

Spragins,

Oates,

Proctor,

Stewart,

O'Neal, of Lauderdale,

Reese,

Tayloe,

Opp,

Rogers, of Sumter,

Thompson,

O'Rear,

Samford,

Vaughan,

Palmer,

Sanders,

Waddell,

Parker, of Cullman,

Sanford,

Watts,

Parker, of Elmore,

Searcy,

Weakley.

Pearce,

Selheimer,

Weatherly,

Pettus,

Sentell,

Whiteside,

Phillips,

Smith, Morgan M.,

Williams, of Marengo,

Pillans,

Sorrell,

Wilson, of Washington,

Pitts,

Spears,

Winn.

Total‑-104.

ABSENT OR NOT VOTING

Almon,

Gilmore,

Renfro.

Altman,

Greer, of Perry,

Reynolds, of Chilton.

Banks,

Hinson,

Reynolds (Henry),

Boone,

Jenkins,

Robinson,

Bulger,

King,

Rogers, of Lowndes,

Burnett,

Kirk,

Sloan,

Cardon,

Kirkland,

Smith, of Mobile,

Carmichael, of Coffee.

Kyle,

Smith, Mac. A.,

Carnathon,

Leigh,

Sollie,

Case,

Locklin.

Studdard,

Coleman, of Greene,

Long, of Walker.

Walker,

Coleman, of Walker,

Lowe, of Lawrence,

White,

Cornwall,

Miller, of Marengo,

Willet,

Craig,

Morrissette,

Williams, of Barbour,

Fitts,

Mulkey,

Williams, of Elmore,

Foshee,

NeSmith,

Wilson, of Clarke,

Freeman,

O,Neill (Jefferson),

So the Article was adopted.

THE PRESIDENT–The Article will be printed and referred to the Committee on Order, Consistency and Harmony of the whole Constitution.

MR. SAMFORD (Pike)–I desire to make a report from the Committee on Engrossment.

THE PRESIDENT–The Chair will inquire of the Chairman of the Committee on Order, Consistency and Harmony if it is desired that the ordinance just passed be referred without printing.

MR. WHITE–We have not expressed any such desire; but on the contrary there are a number of other articles that have not


4627

CONSTITUTIONAL CONVENTION, 1901

yet been printed. that have to be printed, and 1 don't think it will delay anything to have that printed.

THE PRESIDENT‑ The Chair will direct that it be printed.

THE PRESIDENT ‑‑ Before the reading of the Article the Chair will announce the special committee to consider the question of adjournment. The Committee will consist of Messrs. Howze of Jefferson, Watts of Montgomery, deGreffenreid of Hale, and Sanders of Limestone. The Committee will meet at 2 o'clock at the Exchange Hotel Room 208.

Leaves of absence were granted as follows: To Mr. Smith for Wednesday and Thursday; indefinite leave to Mr. Coleman of Greene.         _

THE PRESIDENT‑‑ The Secretary will read the Article reported by the Committee on Engrossment.

The Article was read as follows:

ARTICLE---

Section 1. The Legislature shall have the power to declare who shall constitute the militia of the State, and to provide for organizing, arming and disciplining the same; and the Legislature may provide for the organization of a State Naval Militia.

Sec. 2. The Legislature in providing for the organization, equipment and discipline of the militia shall conform as nearly as practicable to the regulations for the government of the armies

of the United States.

Sec. 3. Each company and regiment shall elect its own company and regimental officers, but if any company or regiment shall neglect to elect such officers within the time prescribed by law, they may be appointed by the Governor.

Sec. 4. Volunteer organizations of infantry, cavalry and artillery and naval militia may be formed in such manner and under such restrictions and with such privileges as play be provided by law.

Sec. 5. The militia and volunteer forces shall, in all cases except treason, felony and breach of the peace, be privileged from arrest during their attendance at musters, parades and elections and in going to and returning from the same.

Sec. 6. The Governor shall, except as otherwise provided therein, be commander-in-chief of the militia and volunteer forces of the State, except when in the service of the United States, and shall, with the advice and consent of the Senate, appoint all general officers whose terms of office shall be for four years. The Governor, the generals and regimental battalion commanders shall appoint their own staffs, as may be provided by law.


4628      

OFFICIAL PROCEEDINGS

Sec. 7. The Legislature shall provide ammunition and accoutrements, military records, banners and relics of the State.

Sec. 9. The officers and men of the militia and volunteer forces shall not be entitled to or receive any pay, rations, or emolu‑menu when not in active service.

THE PRESIDENT‑‑‑ The question is on the final passage of the Article as read. As many as favor the passage of the Article will say aye and those opposed no as your names are called.

Upon a call of the roll the vote resulted as follows:

AYES

Messrs. President,

Grayson,

Oates,

Almon,

Greer, of Calhoun,

O'Neal (Lauderdale),

Ashcraft,

Haley,

Opp ,

Barefield,

Handley,

O'Rear,

Bartlett,

Heflin, of Chamber,

Palmer,

Beavers,

Heflin, of Randolph,

Parker (Cullman),

Beddow,

Henderson,

Parker (Elmore),

Bethune,

Hood,

Pearce,

Blackwell,

Howell,

Pettus,

Boone,

Howze,

Phillips,

Brooks,

Inge,

Pillans,

Browne,

Jackson,

Pitts,

Bulger,

Jenkins,

Proctor,

Byars,

Jones, of Bibb,

Reese,

Burns,

Jones, of Hale,

Reynolds (Chilton),

Chapman,

Jones, of Montgomery,

Reynolds, of Henry,

Cobb,

Jones, of Wilcox,

Rogers (Sumter),

Cofer,

Knight,

Samford,

Craig,

Kyle,

Sanders,

Cunningham,

Ledbetter,

Sanford,

Davis, of DeKalb,

Lomax,

Searcy,

Davis, of Etowah,

Long, of Butler,

Selheimer

Dent,

Lowe, of Jefferson,

Sentell,

deGraffenreid,

Macdonald,

Smith, Mac. A.,

Duke,

McMillan, of Baldwin,

Smith, Morgan M.,

Eley,

McMillan (Wilcox),

Sorrell,

Eyster,

Malone,

Spragins,

Espy,

Martin,

Stewart,

Ferguson,

Maxwell,

Tayloe,

Foster,

Merrill,

Thompson,

Glover,

Miller (Wilcox),

Vaughan,

Graham, of Montgomery,

Murphree,

Waddell,

Graham, of Talladega,

Norman,

Walker,

Grant,

Norwood,

Watts,


4629

CONSTITUTIONAL CONVENTION, 1901

Weakley,

Williams (Marengo),

Winn,

White,

Wilson (Clarke),

Williams (Barbour),

Wilson (Washington),

TOTAL‑108

ABSENT OR NOT VOTING

Altman,

Greer, of Perry,

O'Neill, of Jefferson,

Banks,

Harrison,

Porter,

Burnett,

Hinson,

Renfro,

Cardon,

Hodges,

Robinson,

Carmichael, of Colbert,

King,

Rogers (Lowndes),

Carmichael, of Coffee,

Kirk,

Sloan,

Carnathon,

Kirkland,

Smith (Mobile),

Case,

Leigh.

Sollie,

Coleman, of Greene,

Locklin,

Spears,

Coleman, of Walker,

Long, of Walker,

Stoddard,

Cornwall,

Lowe, of Lawrence,

Weatherly,

Fitts,

Miller (Marengo),

Whiteside,

Fletcher,

Moody,

Willet,

Foshee,

Morrisette.

Williams (Elmore),

Freeman,

Mulkey,

Gilmore,

NeSmith,

So the Article was adopted.

THE PRESIDENT ‑ The Article will be referred to the Committee on Order, Consistency and Harmony of the Whole Constitution.

MR. EYSTER‑I desire to offer a petition, to have it read and referred.

THE PRESIDENT‑ The gentleman from Morgan desires to offer a petition to have it read and referred. The Chair hears no objection.

The Secretary read the petition as follows:

To the Delegates to the Constitutional Convention from Morgan County, and to the Honorable Constitutional Convention, Montgomery, Ala.:

Dear Sirs :‑We respectfully represent that whereas, the Railroad Commission appointed by the Governor and paid by the railroads has not proven satisfactory to the people ,and whereas, the shipper and consumer should have some representation in the naming; of rates and making of rules by what is otherwise alien and arbitrary powers. That whereas, the express, telephone, telegraph and railroad franchises are given by the State, the power of these franchises to tax should be limited by the State. We therefore request that your Honorable Body will give the State a Com‑


4630                                          

OFFICIAL PROCEEDINGS

mission, elected and paid by the people and place all franchises, which have power to tax, within their review.

F. H. Pointer. Ferris and Pointer, grocers; S. J. Philipson, Roy A. Brown, John A. English, J. B. Mitchell, H. H. Skepp and Co., W. J. Nesbit and Co., J. H. Patyens, F. A. McGough, Wm H. Ayeres, A. Spilling, E. Lyons, John L. Brock, Brock and Spight, wholesale grocers; Samuel Tyler, M. E. Woodward, H. Cartwright, Z. Linable, Max J. Cohn, B. Spellberger and Co. J. S. Patterson, J. Black, J.A. Nelson. J. Goodman and Co., W.W. Littlejohn, G.D. Williamson, Williamson and Echols, H. W. Garnett, wholesale grocer; E.D. White, general merchandise.

MR. deGRAFFENREID– If it is in order now‑ I believe that we have finished the calendar-‑I desire to make a motion to recall from the Committee on Banks and Banking an ordinance, No. 436 , which was referred to that Committee on the 20th day of July. The ordinance is as follows:"Amendments to the fourth section of the Article heretofore adopted on Banks and Banking: Strike out of Section 4 the words, 'shall for such notes and deposits' and insert in lieu thereof the following words: "The purchasers of exchange from the bank, and all persons to whom the bank is indebted for the proceeds of notes, bills of exchange and other claims collected by it shall for such notes, deposits, exchange and collection.

"I will state for the information of the Convention that Section referred to here, is the identical section which is numbered 17 in the old Constitution, which provides that the holders of bank notes and the depositors who have not stipulated for interest, shall be entitled, in cases of insolvency, to preference of payment over other creditors. Now, that was the Constitution of 1875, and the section unchanged has been brought forward into the new Constitution. After this section had been adopted by this Convention, attention was called to the fact that under Section No. 17 of the old Constitution, under the Article of Banks and Banking, hardships in some instances occurred which should be corrected by this Convention. The reason why the old Constitution provided that notes and depositors without interest in cases of insolvency should be preferred above all other creditors, was because of the peculiar trust character of the indebtedness. Now, it has been ascertained since the adoption of that Constitution that there are other debts which may be owing by a bank when it becomes insolvent of as high a trust character as the debts due depositors without interest, and those debts are undertaken to be provided for by this amendment which I offered to the section after the section had been adopted. For instance, a merchant in Louisville draws a draft upon a customer in Montgomery. The draft comes to a bank here for collection. It is not intended for a deposit, it is intended that that bank shall collect that money and remit it in due course of business to its correspondent in Louis-


4631

CONSTITUTIONAL CONVENTION, 1901

ville for the benefit of the drawer. The money is collected and the bank goes into insolvency before this money has been remitted. Under the law, as it stands, under the old Constitution, and under the law as it stand now under the new Constitution, that creditor, occupying as high a position so far as the trust is concerned as a depositor without interest, is without a remedy. My attention was called to a fact by a gentleman from Dallas, where they recently had a failure of a bank, and where money was collected the day before the insolvency became known, and those collections went into the bank for the benefit of depositors without interest. The same is true with reference to those who trade with banks in the purchase of exchange. As an illustration, in the city of Mobile a woman walked into a bank one day and bought $1,500 of exchange. The next day a receiver was appointed, and that receiver telegrapher to the New York correspondent not to pay the draft. What was the result? The draft was not paid, the woman lost her money, and the money went to the benefit of depositors without interest. This is a matter, in which I have no interest, but it is an evil which I think the Constitution should provide for, and for that reason I move that this amendment be recalled from the Committee on Banks and Banking.

MR.FLETCHER‑‑' Those ordinances were referred to the Committee on Legislative Department and finally came back, and are now in the hands of the Committee on Banks and Banking.  The Committee thought, after they had been considered and reconsidered, after the Article had been adopted and reported to the Committee on Harmony, that the best disposition was an indefinite postponement. The gentleman also at the same time introduced a resolution to repeal that part of the ordinance, which I presume it is his intention to get back before the Convention. It is to prevent inspection of private banks. The committee thought that inasmuch as all that was acted upon, it is all before the Committee on Harmony, how call the gentleman get it back froth the Committee unless the majority of the Convention favors it; and I take it that at this late hour it is an effort to try and take snap judgment on the condition of things as they exist. That matter was considered in the Committee, the report of the Committee was unanimous at the time this action was taken, and it was reported to this Convention after due consideration, and the purpose and effect of it was, as I understand, to enable who deposit money in these institutions, to be protected after it was deposited. How any fair‑ minded man of a national or any other sort of tank can be opposed to making a statement to his depositors, I don't understand. The purpose of the Committee was to protect that kind of depositors who were innocent and have no means to protect themselves ‑- women and children and charitable institution.  After we got the matter before us and fully considered it in all its details, and brought it before the Convention, there was an effort made to reconsider it, and it has been going that way from


4632                  

OFFICIAL PROCEEDINGS

that hour to this and it seems to me that the purpose is to protect some individual interest, rather than to protect the people.  That was the only object that the Committee had in the matter, and it is now with this Convention. I have no pride of opinion in it; I have no interest in it; in fact, I was not the instigator or introducer of the resolution, or ordinance, but it was duly considered in our Committee, and I have no further interest in it than any other gentleman on the floor, except to protect the public good and public interest. The question is now before you, and you call dispose of it as you see proper, but it does seem to me coming here and springing the thing on the very eve of adjournment that the purpose is to take snap judgment, and I move to lay the motion on the table.

MR. ASHCRAFT‑ I desire to ask the gentleman a question.

THE PRESIDENT‑ The question is not debatable.

MR. ASHCRAFT–I am sure the gentleman from Madison does not–

THE PRESIDENT-‑The gentleman from Lauderdale is not in order. It is to be presumed that the gentleman from Madison knows what ordinances are before his committee.

MR. ASHCRAFT‑I certainly did not refer to it

THE PRESIDENT‑ It is not in order for the gentleman to criticize the speech of the gentleman from Madison.

Upon a vote being taken the motion to table prevailed.

MR. HEFLIN (Chambers)‑‑I would like to call up a resolution referring to the indexing of the stenographic report and I move that the rues be suspended, and that resolution put upon its passage.

THE PRESIDENT–It is moved that the rules be suspended and that the Convention take up for consideration the resolution with reference to indexing the stenographic report.

MR. WILSON (Washington)–The rules have been suspended for consideration of the report of the Committee on Schedule and Incidental Expenses.  This is a part of that report and has not been considered, and the point is, is it necessary to again suspend the rules for the consideration of a part of this report?

MR. HEFLIN (Randolph)–I think the gentleman is entirely mistaken.  It was an ordinance reported back without recommendation.

THE PRESIDENT–The Chair recollects that the gentleman from Randolph confined his motion to the consideration of the article reported by the committee.


4633

CONSTITUTIONAL CONVENTION, 1901

Upon a vote being taken the motion to suspend the rules was lost.

MR. HOWZE‑I rise for the purpose of moving that we adjourn until four o'clock to give time for the committee to make their report.

MR. O’NEAL‑ I move that the Convention do now adjourn.

MR. HOWZE‑I withdraw my motion.

Thereupon the Convention adjourned.

_________

AFTERNOON SESSION

The Convention met pursuant to adjournment, there being one hundred and four delegates present upon the call of the roll.

MR. SAMFORD (Pike)–I desire to make a report from Committee on Engrossment.

The Secretary read: “Report of Committee on Engrossment, third reading of the bill, Article on Corporations.”

MR. HARRISON–I move that the rules be suspended, and the report just made on the article on Corporations be read a third time and placed upon its passage.

Upon a vote being taken the motion was adopted.

The Article was read as follows:

An ordinance to provide for the organization and regulation of corporations in the State of Alabama.

Be it ordained by the people of Alabama in Convention assembled, that Article XIV of the Constitution of 1875, except that portion thereof under the head of “Banks and Banking,” be stricken out and the following be inserted in lieu thereof:

Section 1.  The legislature shall pass no special act conferring corporate powers, but it shall pass general laws under which corporations may be organized and corporate powers obtained, subject, nevertheless, to repeal at the will of the legislature; and shall pass general laws under which charters may be altered or amended.  The legislature shall, by general laws, provide for the payment to the State of Alabama of a franchise tax by corporations organized under the laws of this State, which shall be in proportion to the amount of capital stock.  But strictly benevolent, educational or religious corporations shall not be required to pay such a tax.  The charter of any corporation shall be subject to amendment, alteration or repeal under general laws.


4634                  

OFFICIAL PROCEEDINGS

Sec. 2. All existing charters under which a both fide organization shall not have taken place and business been commenced in good faith, within twelve months, from the time of the ratification of this Constitution shall thereafter have no validity.

Sec. 3. The legislature shall not remit the forfeiture of the charter of any corporation now existing nor alter or amend the same, nor pass any general or special law for the benefit of such corporations other than in execution of a trust created by law or by a contract, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution.

Sec. 4. No foreign corporation shall do any business in this State without having at least one known place of business and an authorized agent or agents therein, and without filing with the Secretary of State a certified copy of its article, of incorporation or association. Such corporation may be sued in any county where it does business, by service of process upon an agent anywhere in the State. The legislature shall. by general law, provide for the payment to the State of Alabama of a franchise tax by such corporation, but based on actual amount of capital employed in this State. Strictly benevolent, educational or religious corporations shall not he required to pay such a tax.

Sec. 5. No corporation shall engage in any business other than that expressly authorized in its charter, or articles of incorporation.

Sec. 6. No corporation shall issue stocks or bonds except for money, labor done, or money or property actually received: and all ficticious increase of stock or indebtedness shall be void. The stock and bonded indebtedness of corporations shall not be increased except in pursuance of general laws, nor without the consent of the persons holding the larger amount in value of stock, first obtained at a meeting to be held after thirty days notice given in pursuance of law.

Sec. 7. Municipal and other corporations and individuals invested with the privilege of taking property for public use, shall make just compensation to be ascertained as may be provided by law, for the property taken, injured or destroyed by the construction or enlargement of its works, highways or improvements, which compensation shall be paid before such taking, injury or destruction. The legislature is hereby prohibited from depriving any person of an appeal from any preliminary assessment of damages against any such corporations or individuals made by viewers or otherwise, but such appeal shall not deprive the person who has obtained the judgment or condemnation from a right of entry, provided he shall have paid into court in money the amount of the damages assessed and shall have given bond in not less than


4635

CONSTITUTIONAL CONVENTION, 1901

double the amount of the damages assessed, with good and sufficient sureties to pay such damages as the property owner may sustain: and the amount of damages in all cases of appeals shall, on the demand of either party, be determined by a jury according to law.

Sec. 8. Dues from private corporations shall be secured by such means as may be prescribed by law, but in no case shall any stockholder be individually liable otherwise than for the unpaid stock owned by him or her.

Sec. 9. No corporation shall issue preferred stock without the consent of the owners of two-thirds of the stock of said corporation.

Sec. 10. The legislature shall have the power to alter, amend or revoke any charter of incorporation now existing and revokable at the ratification of this Constitution, or any that may be hereafter created whenever, in their opinion, it may be injurious to the citizens of this State in such manner, however, that no injustice shall be done to the stockholders.

Sec. 11. Any association or corporation organized for the purpose, or any individual, shall have the right to construct and maintain lines of telegraph and telephone within this State, and connect the same with other lines, and the Legislature shall, by general law of uniform operation, provide reasonable regulations to give full effect to this section. No telegraph or telephone company shall consolidate with or hold a controlling interest in the stock or bonds of any other telegraph or telephone company owning a competing line, or acquire, by purchase or otherwise, any other competing line of telegraph or telephone.

Sec. 12. All corporations shall have the right to sue, and shall be subject to be sued, in all courts in like cases as natural persons.

Sec. 13. The term "corporation," as used in this Article, shall be construed to include all joint stock companies or any association having any of the powers or privileges of corporations, not possessed by individuals or partnerships.

RAILROADS AND CANALS

Sec. 14. All railroads and canals shall be public highways and all railroads and canal companies shall be common carriers.  Any association or corporation organized for the purpose shall have the right to construct and operate a railroad between any points in this State, and connect at the State line, with railroads of other States. Every railroad company shall have the right with its road to intersect, connect with, or cross any other railroad, and shall receive and transport each the others freight, passengers and cars, loaded or empty, without delay or discrimination.


4636                                          

OFFICIAL PROCEEDINGS

Sec. 15. The power and authority of regulating railroad freight and passenger tariff, the location and building of passenger and freight depots, correcting abuses, and preventing unjust discrimination and extortion, and requiring reasonable and just rates of freight and passenger tariffs, are hereby conferred upon the Legislature, whose duty it shall be to pass law, from time to time regulating freight and passenger tariffs, to prohibit unjust discrimination in the various railroads, canals and rivers of this State, and prohibit charging other than just and reasonable rates and enforce the same by adequate penalties.

Sec. 16. No railroad or other transportation company or corporation shall grant free passes or sell tickets or passes at a discount other than as sold to the public generally, to any member of the Legislature or to any officer exercising judicial functions under the law, of this State, and any such member or officer receiving such pass or ticket for himself or procuring the same for another, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not exceeding $500, and, at the discretion of the court trying the case, in addition to such fine, may be imprisoned for a term not exceeding six months, and upon conviction, shall be subject to impeachment and removal from office.

The court, having jurisdiction shall give this law specially in charge to the grand juries, and when the evidence is sufficient to authorize an indictment, the grand jury must present a true bill.

Any county into or through which such member or officer is transported by the rise of such prohibited pass or ticket, shall have jurisdiction of the case, providing only one prosecution shall be had for the same offense; and, provided, further, that the trial and judgment for an offense shall not bar a prosecution for another offense, when the same pass or ticket is used, and, provided, further, that nothing; herein shall prevent a member of the Legislature who is a bona fide employe of a railroad or other transportation company or corporation at the time of his election, from accepting or procuring for himself or another, not a member of the Legislature or officer exercising judicial functions, a free pass over the railroads and other transportation company or corporation by which he is employed.

 

Sec. 17. No railroad company shall give or pay any rebate, or a bonus in the nature thereof, directly or indirectly, or do any act to mislead or deceive the public as to the real rates charged or received for freights and passage; and any such payments shall be illegal and void : and these prohibitions shall be enforced by suitable penalties.

Sec. 18. No railroad, canal or other transportation company in existence at the time of the ratification of this Constitution shall


4637

CONSTITUTIONAL CONVENTION, 1901

have the benefit of any future legislation by general or special laws, other than in execution of a trust created by law or by contract, except on the condition of complete acceptance of all provisions of this Article.

THE PRESIDENT ‑The question will be upon the final passage of the Article. As many as favor the passage of the Article will say aye and those opposed as their names are called.

Upon a call of the roll the vote resulted as follows:

AYES

Messrs. President,

Harrison,

Parker (Elrnore),

Almon,

Heflin, of Chambers,

Pearce,

Ashcraft,

Heflin, of Randolph,

Pettus,

Barefield,

Henderson,

Phillips,

Bethune,

Hodges,

Pitts,

Blackwell,

Hood,

Reese,

Brooks,

Howell,

Reynolds (Henry),

Browne,

Howze,

Rogers (Lowndes),

Bulger,

Inge,

Rogers (Sumter) ,

Burnett,

Jones, of Bibb,

Samford,

Burns,

Jones, of Montgomery,

Sanders,

Carmichael, of Colbert,

Jones, of Wilcox,

Searcy,

Cobb,

Knight,

Selheimer,

Cofer,

Kyle,

Sentell,

Craig,

Ledbetter,

Smith, Mac. A.,

Cunningham,

Lowe (Lawrence),

Smith, Morgan M.,

Davis, of DeKalb,

Macdonald,

Sorrell,

Davis, of Etowah,

McMillan (Baldwin),

Spears,

Dent,

McMillan (Wilcox),

Spragins,

deGraffenreid,

Malone,

Stewart,

Duke,

Martin,

Studdard,

Eley,

Maxwell,

Tayloe,

Eyster,

Merrill,

Thompson,

Espy,

Miller (Wilcox),

Vaughan,

Fletcher,

Moody,

Waddell,

Foster,

Murphree,

Walker,

Glover,

Norman,

Watts,

Graham, of Talladega,

Norwood,

Weakley,

Grant,

O'Neal (Lauderdale),

Williams (Barbour),

Grayson,

Opp,

Williams (Marengo),

Greer, of Calhoun,

O'Rear,

Wilson (Clarke),

Haley,

Palmer,

Wilson (Washington),

Handley,

Parker (Cullman),

Winn,

TOTAL‑99


4638                                          

OFFICIAL PROCEEDINGS

NOES

Banks,

Byars,

Reynolds (Chilton),

Bartlett,

Chapman,

Whiteside,

Beddow,

Long (Walker),

TOTAL‑‑‑8

ABSENT OR NOT VOTING

Altman,

Hinson,

Oates,

Beavers,

Jackson,

O'Neill (Jefferson),

Boone,

Jenkins,

Pillans,

Cardon,

Jones, of Bale,

Porter,

Carmichael, of Coffee,

King,

Proctor,

Carnathon,

Kirk,

Renfro,

Case,

Kirkland,

Robinson,

Coleman, of Walker,

Leigh,

Sanford,

Cornwall,

Locklin,

Smith (Mobile),

Ferguson,

Lomax,

Sollie,

Fitts,

Long (Butler),

Weatherly,

Foshee,

Lowe (Jefferson),

White,

Freeman,

Miller (Marengo),

Willet,

Gilmore,

Morrisette,

Williams (Elmore),

Graham, of Montgomery,

Mulkey,

Greer, of Perry,

NeSmith,

PAIR ED

AYES                                                 NOES

Coleman, of Greene,

Sloan,

So the article was adopted.

THE PRESIDENT–The Article will be ordered printed and referred to the Committee on Order, Consistency and Harmony of the whole Convention.

MR. HEFLIN (Chambers)‑‑‑I move that the ordinance reported this morning by the Committee on Printing and Incidental Expenses be recommitted to that Committee.

THE PRESIDENT‑ It is moved that Ordinance 446 on indexing the stenographic report he recommitted to the Committee on Schedules, Printing and Incidental Expenses.

Upon a vote being taken the motion was carried.

MR. HEFLIN (Randolph) ‑ I ask unanimous consent that the Committee on Schedule, Printing and Incidental expenses be allowed to sit during the evening session.

The consent vas given, and notice of meeting announced.


4639

CONSTITUTIONAL CONVENTION, 1901

 

MR. REESE‑I move to take from the table the ordinance which was tabled by the House this morning, I believe it is ordinance 210 or 410. I will ask that the ordinance be read. It was the ordinance of Mr. Watts and the substitute by Mr. Burns.

THE PRESIDENT‑ It would not be in order to read the ordinance until it is taken from the table.

MR. REESE‑ It is the ordinance that provides that no negro shall hold office in Alabama. It was read to the Convention and the distinguished gentleman from Greene obtained the floor and made an argument in opposition to the proposition, and then moved to table it, without allowing the friends of it any opportunity to discuss the provisions of the ordinance. I therefore move to take it from the table.

MR. O'NEAL‑ Upon that I all for the ayes and noes.

The call was not sustained.

MR. O'NEAL‑I ask for a verification of the vote by which the call was declared not sustained.

The request for verification was withdrawn.

Upon a vote being taken, a division was called for and by a vote of 33 ayes and 62 noes the motion to take the ordinance from the table was lost.

MR. HOWZE‑ The Special Committee would like to make a report in regard to the recess.

The report was read as follows:

Your Committee having under consideration the matter of recess pending the work of the Committee on Order, Consistency and Harmony of the Constitution, beg leave to report as follows:

Your Committee recommends that the Convention take a recess until Wednesday, August 28, at noon: that the delegates and paper shall not draw per diem during the recess, but that delegates shall draw mileage in lieu thereof: that the clerk of all committees except the Committee on Order, Consistency and Harmony of the Constitution shall be dispensed with; that the delegates who are members of said Committee shall be entitled to their per diem during the recess of the Convention, but no mileage. Signed by Messrs. Knox, deGraffenreid, Sanders and Howze.

MR. OPP‑I desire to amend by making it Monday, September 2, instead of August 28, at' 12 o'clock.

MR. MERRILL‑‑I move to lay that amendment on the table.

MR. OPP‑I believe I have the floor.

THE PRESIDENT‑ The gentleman will proceed.


4640                  

OFFICIAL PROCEEDINGS

MR. OPP‑ From all I have been able to ascertain, I think that the date proposed by this amendment would be more acceptable to a large majority by the delegates than the date named by the Committee. If it is fixed for Wednesday, as the Committee recommends, we will have an intervening Saturday and Sunday, and I think it highly desirable to avoid that. It will really expedite the work of the Convention, instead of retarding it by fixing the date September 2, 1901. I have also understood that it will subserve the convenience of the clerks of the Convention; that it will afford Mr. Julian an opportunity to catch up with his work, which he would not have if the date fixed by the Committee is adopted. But the great thing we desire to avoid, as I said before, is the intervening Saturday and Sunday. Then the Committee on Order, Harmony and Consistency would be sure by that time to have their report ready, and the printing would be done whereas it would be highly problematical whether all these things  will he attended to if the date is fixed for Wednesday. The whole matter has been thoroughly considered and I think a large majority of the delegates favor the date fixed by this amendment, and I call for the previous question upon it.

MR. deGRAFFENREID ‑ And I move to lay it upon the table.

Upon a vote being taken a division was called for, and by a vote of 58 ayes and 57 noes the amendment was tabled.

MR. PETTUS‑I move the previous question on the report of the committee.

THE PRESIDENT‑ The question is shall the main question be put.

The main question was ordered.

MR. HOWZE‑‑I desire to ask unanimous consent to add an item to the report which we omitted.

MR. BURNS‑I call for the ayes and noes.

MR. OPP–We want to add to the report that the doorkeeper and assistant, doorkeeper shall not be entitled to per diem during recess.

THE PRESIDENT ‑The question is upon the amendment that the doorkeeper and assistant doorkeeper and doorkeeper in gallery he not allowed per diem. Is there objection? There being no objection it is so ordered. The question is on the adoption of the report of the committee amended by unanimous consent.

MR. BURNS‑‑I rise to a point of order. The delegates from Montgomery should not vote. They are interested. (Laughter)

THE PRESIDENT‑‑ The point of order is overruled.


4641

CONSTITUTIONAL CONVENTION, 1901

Upon a vote being taken the resolution as amended was adopted.

MR. CUNNINGHAM‑I asks unanimous consent to introduce a short resolution.

The Secretary read the resolution as follows:

"Resolved, that when the Convention reassembled no amendment to any article of the Constitution shall be considered except by two-thirds of those voting unless such an amendment shall be necessary for the order, consistency and harmony of the Constitution."

MR. CUNNINGHAM‑I move that the rules be suspended and that the resolution be placed upon its immediate passage.

MR. deGRAFFENREID ‑The resolution is a rescission of one of the rules. Under the rules of this Convention we cannot rescind a rule unless one day's notice is given, and no notice has been given of that resolution.

MR. CUNNINGHAM‑ It has been the custom here to suspend rules constantly for the purpose of passing resolutions.

THE PRESIDENT‑‑ It seems to the Chair that the motion to suspend the rules would always be in order. If this action were taken under the rules, the point of order of the gentleman from Hale would be correct, lout the motion is that the rules be suspended and when suspended they do not govern the case. The point of order is overruled.

MR. LONG (Walker)‑ I move to lay the motion on the table.

THE PRESIDENT‑ The gentleman is not in order.  The question is on a motion to suspend the rule.

MR. REESE‑ Under the rules of this Convention as they now stand the resolution should be referred to the Committee on Rules.

THE PRESIDENT ‑The motion is to suspend the rules and the Chair has just announced the ruling overruling the point of order.

MR. O'NEAL‑I rise to a point of order. The motion of the gentleman from Jefferson is to suspend the rules in order to rescind the rules. The rules absolutely prohibit any rescission of any rule except on one day's notice. I make the point that one day's notice has not been given. You can always make a motion to suspend the rules, put not to rescind the rules without notice. I call attention to this rule---

THE PRESIDENT‑‑ The Chair does not care to hear any debate on the question.  In the opinion of the Chair the Conven-


4642                                          

OFFICIAL PROCEEDINGS

tion can suspend the rules and take such action as it pleases. It takes a two-thirds vote to suspend and when the rules are suspended the rules do not govern. The question will he upon the motion of the gentleman from Jefferson.

MR. O'NEAL‑  On that I demand the ayes and noes.

THE PRESIDENT‑ The ayes and noes are demanded. Is the call sustained?

MR. HARRISON‑ Many of us do not know the contents of the resolution, and we would like to hear it read.

MR. BURNS‑I rise to a point of information, and that is who are authorized to count this vote. Shall the Secretary and Assistant Secretary of this Convention, or shall their assistants, or shall the Reading Clerk, or who shall count?

THE PRESIDENT‑ If the gentleman after his long attendance upon this Convention has not ascertained who counts the votes, the Chair will not undertake to enlighten him.

MR. BURNS‑I have read the rules from No. 1 to No. 446 and they do not show in those rules who shall count. (Laughter.)

The Secretary again read the resolution.

MR. CUNNINGHAM‑ Now Mr. President, the motion is to suspend the rules and I understand it is not debatable---

THE PRESIDENT‑ It is not debatable.

MR. CUNNINGHAM‑ It is a mighty good resolution to pass.

MR. O'NEAL‑ On that I call the ayes and noes.

The call was not sustained.

Upon a vote being taken to suspend the rules, a division was called for and by a vote of 55 ayes and 53 noes the motion to suspend the rules was lost.

MR. CUNNINGHAM‑I ask that it be referred to a Committee on Rules.

THE PRESIDENT‑ It is so referred.

MR. MURPHREE (Pike) ‑ I rise to a joint of personal privilege. I wish to make an explanation.

MR. PRESIDENT‑I feel that without an explanation on my part, that some persons not knowing the circumstances and surroundings, may condemn my votes and position on the Railroad Commission and free pass questions which have been considered by this Convention in the last few days. My position on these


4643

CONSTITUTIONAL CONVENTION, 1901

questions are well known by the delegates, but others not familiar with my connection with these matters should also be made acquainted with the difficulties under which I had to labor. I was placed on the Committee on Corporations, and all the ordinances bearing upon and pertaining to the Railroad Commission and free railroad passes introduced were referred to said Committee. When said ordinances were reached for action by the Committee it was discovered that I was, as then appeared, in a hopeless minority.  The Committee, however, was very kind and respectful to me in deferring final action for several weeks, which gave me and my friends an opportunity of presenting our views upon these questions, showing, as best we could, why and when, the existing laws, should be amended that the interest of the people might be protected against the evil of free passes and unjust discrimination in freight charges. I am happy to say that our views were duly considered by the Committee, and, after considering these matters at nearly all our meetings for six or eight weeks, the majority of the Committee, greatly to my surprise, manifested a desire that an effort he made to arrive at an agreement so as to be able to make a unanimous report. Knowing or believing I stood solitary and alone on these questions in the Committee. I was rejoiced to find there was such a feeling. One of the Committee made a motion, which was adopted, that a sub‑committee be appointed, consisting of Chairman Harrison, Mr. Graham and myself, whose duty should be to formulate such ordinances as would be acceptable to all the Committee. The sub‑committee met and in order to arrive at an agreement it became necessary that concessions should be made by both the majority and minority of the Committee. This was done, which resulted in an agreement as set forth in Sections 15 and 16 of the Committee's report.

Thus it will be seen that my course has been consistent in that of securing the best possible report on the subject referred to.

I wish to say that I shall always feel grateful to the majority of the Committee on Corporations for their kind treatment of the minority, in giving me and my friends a respectful hearing, which, I am glad to know, here not void of good results.

MR. HARRISON‑I desire to heartily endorse all that has been said by Mr. Murphree, and I believe he accomplished more with the Committee than any other man could have done. We all respect him and are glad that these matters are settled.

MR. CRAIG‑I ask unanimous consent to offer a resolution.

The resolution was read as follows:

Resolution 318, by Mr. Craig.


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OFFICIAL PROCEEDINGS

Resolved, That the thanks of this Convention are due and are hereby tendered to the publishers of The Mobile Register and Tuskegee News for their courtesy in supplying the members of this Convention daily with a copy of these papers.

MR. CRAIG‑I move a suspension of the rules and that the resolution be adopted.

THE PRESIDENT‑ The gentleman froth Dallas moves to suspend the rules.

MR. GREER (Calhoun)‑ I want to amend by adding The Tuskegee News.

THE PRESIDENT ‑ The question is on the suspension of the rules.

Upon a vote being taken, the rules were suspended.

THE PRESIDENT‑ The gentleman from Calhoun moves to add The Tuskegee News.

Upon a vote being taken the amendment was adopted.

THE PRESIDENT‑ The question is on the resolution as amended.

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

MR. BURNS‑A point of information: Does the gentleman mean to compare The Tuskegee Weekly News to The Mobile Register? (Laughter.)

MR. PARKER (Elmore)‑I desire to offer a resolution and I will ask that the rules be suspended so that it may be placed upon its immediate passage.

The Secretary read the resolution as follows:

Resolution 317, by Mr. Parker:

Whereas, Thos. W. Coleman, whose services as Chairman of the Committee on Suffrage and Election, especially has been  of inestimable value to this Convention and whose age, experience and wisdom has entitled him by common consent the Nestor of the Convention, has taken indefinite leave of absence, for a much needed rest and this Convention may not have the benefit of his wise counsel or the pleasure of greeting him again.

Now therefore be it resolved:

First-‑That this Convention hereby expresses its high appreciation of his great services to the State of Alabama in the formation of the proposed Constitution.


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CONSTITUTIONAL CONVENTION, 1901

Second‑ That we commend him and his posterity to the people of Alabama, for the purity of his motives, his distinguished ability and lofty patriotism which has characterized his long services to the State, and especially the self-sacrifice that he has freely made as a member of this Convention.

Third‑ That this Convention hereby tenders him individually and collectively, their generous regards for his future welfare and express the hope that in a green old age the lines may continue to fall about him in pleasant places, and that he may live to realize the full fruition of the hope that his beloved State may see apples of gold and pictures of silver from the tree of the Constitution that he has helped to plant.

THE PRESIDENT‑ The question will be upon a suspension of the rules.

Upon a vote being taken the rules were suspended.

THE PRESIDENT‑ The ayes seem to have it.

The attention of the Chair is called to the fact that it requires a two-thirds vote to suspend the rules. It seems to the Chair that under that rule that the noes would have it.

A division was called for.

Upon a vote being taken there were, ayes, 56; note, 26, and the rules were suspended.

MR. PETTUS‑I move that the resolution be adopted.

Upon a vote being taken the resolution was adopted.

MR. HEFLIN (Randolph)‑I am directed to report an ordinance with an amendment favorably by the Committee on Schedule, Printing, etc.

The Secretary read the report as follows:

The Committee begs leave to report back Ordinance 446 favorably with the following amendment. Strike out paragraphs 2, 3 and 4 and insert in lieu thereof the following: This Convention accepts the proposition of Hon. James E. Cobb to make and superintend the indexing of the stenographic reports of the proceedings of this Convention, and does hereby appropriate the sum of one hundred dollars for such services and as soon as the President of this Convention certifies to the Auditor that the work is completed, he shall draw his warrant on the Treasurer for the same in favor of said Cobb, and the President is authorized to contract with some reliable party to publish said index, and distribute to each member of this Convention as many as five copies each and for whatever this is reasonably worth, the President of this Convention shall certify that fact to the Auditor, who


4646                                          

OFFICIAL PROCEEDINGS

shall draw his warrant on the Treasurer for such sum, not to exceed fifty dollars.

MR. COBB ‑ I hope I will be indulged a moment. This morning when that proposition carne before the Convention I was upon my feet to oppose it and was cut off by a motion to lay on the table. Incidentally I remarked that the amount was far too much for that work even if it was done at all. Very much to my surprise I was afterwards approached to know if I would do the work. I said yes, I would do the work. I had not thought of such a thing, I was not hunting a job at all, and from all that conversation carne that proposition. I don't want this Convention to understand that I am bidding for work of that sort, while if you were to give it to the in that way I will do the best I can. I am opposed to the whole scheme, however.

MR. HEFLIN (Chambers)‑I move the adoption of the report of the Committee, and upon that I call for the previous question.

THE PRESIDENT‑ It is moved that the original ordinance as amended be adopted.

MR. ASHCRAFT‑I rise to a question of parliamentary inquiry. Is it proposed to index the stenographic report or Journal. I did not catch it.

THE PRESIDENT‑ The stenographic report.

A vote being taken the previous question was ordered.

MR. MALONE‑I move to table the amendment proposed by the Committee.

A vote being taken the motion to table was lost.

THE PRESIDENT‑ On the question of the adoption of the report of the Committee, as it provides for an appropriation of money, it will be necessary to have an ayes and no vote.

During roll call:

MR. COBB‑I am paired with the gentleman from Greene, Mr. Coleman if he were here he would vote aye and I would vote no.

The roll call resulted as follows:

AYES

Messrs. President,

Bethune,

Burns,

Ashcraft,

Blackwell,

Carmichael, of Colbert,

Banks,

Browne,

Craig,

Barefield,

Bulger,

Cunningham,

Beddow,

Burnett,

Dent,



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CONSTITUTIONAL CONVENTION, 1901

deGraffenreid,

Jones, of Wilcox,

Rogers (Lowndes),

Duke,

Long (Walker),

Rogers (Sumter),

Eyster,

Macdonald,

Sanders,

Espy,

McMillan (Baldwin),

Sanford,

Foster,

Maxwell,

Searcy,

Glover,

Miller (Wilcox),

Selheimer,

Graham, of Montgomery,

Murphree,

Sentell,

Grayson,

Norwood,

Sorrell,

Greer, of Calhoun,

Oates,

Spears,

Haley,

O'Neal (Lauderdale),

Stewart,

Handley,

O'Rear,

Tayloe,

Harrison,

Palmer,

Thompson,

Heflin, of Chambers,

Parker ( Cullman),

Vaughan.

Heflin, of Randolph,

Pettus,

Williams (Marengo).

Henderson,

Pillans,

Wilson (Washington),

Jones, of Montgomery,

Pitts,

Winn,

Jackson,

Proctor,

TOTAL,65

NOES

Almon,

Jenkins,

Porter,

Byars,

Jones, of Bibb,

Reynolds (Chilton),

Chapman,

Kyle,

Reynolds (Henry),

Cofer,

Ledbetter,

Smith, Mac. A.,

Davis, of DeKalb,

Lowe (Jefferson),

Smith, Morgan M.,

Davis, of Etowah,

Lowe (Lawrence),

Spragins,

Eley,

McMillan (Wilcox),

Waddell,

Fletcher,

Malone.

Walker,

Foshee,

Martin,

Weakley,

Graham, of Talladega,

Merrill,

White,

Grant,

Moody,

Whiteside,

Hodges,

Norman,

Williams (Barbour),

Hood,

Opp,

Howze,

Parker (Elmore),

TOTAL‑40

ABSENT OR NOT VOTING

Altman,

Ferguson,

Kirkland,

Bartlett,

Fitts,

Knight,

Beavers,

Freeman,

Leigh,

Boone,

Gilmore,

Locklin,

Brooks,

Greer, of Perry,

Lomax,

Carden,

Hinson,

Long (Butler),

Carmichael, of Coffee,

Howell,

Miller (Marengo),

Carnathon,

Inge,

Morrisette,

Case,

Jones, of Hale,

Mulkey,

Coleman, of Walker,

King,

NeSmith,

Cornwall,

Kirk,

O'Neill (Jefferson),


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OFFICIAL PROCEEDINGS

Pearce,

Samford,

Watts,

Phillips,

Sloan,

Weatherly,

Reese.

Smith (Mobile),

Willet,

Renfro,

Sollie,

Williams (Elmore),

Robinson,

Studdard,

Wilson (Clarke),

PAIRED

AYES                                     NOES

Coleman, of Greene,

Cobb,

MR. CUNNINGHAM‑I move that this Convention do now recess until Wednesday week at 12 o'clock.

The motion was adopted, and thereupon the Convention adjourned.          

________

CORRECTIONS

In proceedings of seventy-fourth day, page 4, third column, fifty-ninth line, the word "pledged" should read "plants"; in seventieth line read: "Southern Coal and Foundry Company."

In proceedings of seventy-fifth day, third page, fourth column, sixty-first line, the word "Section" should appear after "fifteen"; in sixty-ninth line read: "If you will tell me that the Railroad Commission can do anything else than what is mentioned," etc.; third page, first column, read : "When the Legislature will meet only once in four years," and further down same column,  read : "It is merely a tub thrown to the whale to fool the fishes I am not a fish."

In proceedings of seventy-fifth day, third page, third column, forty-third line, the word "contrarily" should be "concurrently."

______________