SEVENTY‑SEVENTH DAY

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MONTGOMERY, ALA.,

Wednesday, Aug. 28, 1901.

The Convention was called to order lay the President, and opened with prayer lay the Rev. Mr. Marshal as follows:

Our Father who art in Heaven, we thank Thee for Thy Fatherly care, which has been manifested over us since we last met together. We come before Thee this morning with a sense of our unworthiness and of our helplessness without Thee, praying that


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Thou wouldst give us strength and grace to discharge the duties of this day. Bless each and every one of us as we need; guide us by Thy spirit; give us the wisdom necessary to direct our lives right, and grace that we may endure trial and overcome temptation. Be with us through this day, through all life and guide us unto all truth, we ask it for Christ's sake. Amen.

Upon a call of the roll 115 delegates responded to their names.

Leaves of absence were granted to the following delegates:

Mr. Ledbetter for today; Mr. Proctor for today; Mr. Maxwell indefinite on account of sickness, Mr. Lomax for today; Mr. A1 mon, Mr. Williams of Elmore; Mr. Jenkins, Mr. Pitts, all indefinite leave on account of sickness.

MR. SAMFORD (Pike)‑I ask unanimous consent to introduce a short resolution.

Unanimous consent was given, and the resolution was read as follows:

Resolved, That a committee of five he appointed to prepare and to issue an address to the people of the State setting forth the advantage of the new Constitution.

Resolved further, That the President of this Convention shall be the chairman of said committee, and that the other four shall be appointed by the President.

Resolved further, That when said address is prepared the Secretary of this Convention shall cause to be printed 50,000 copies thereof for distribution.

The resolution was referred to the Committee on Rules.

MR. WHITE (Jefferson)‑In behalf of the Committee on Order, Consistency and Harmony of the Constitution, I desire to state that the committee determined that it would be best to have the report of the committee, with the proposed Constitution printed, and have it ready for the members today. Under the rules there is no provision for the printing of a report until it is submitted to the House, but to save time the committee thought it would be well to have it printed in advance, and therefore contracted to have the proposed Constitution printed with the report of the Committee, under an agreement that it should be finished on yesterday. The committee assembled on yesterday and found that the printing had not been completed, though the Constitution had been delivered to the printer on last Friday, and the report of the committee, which is short, had been delivered on Sunday morning. This morning the committee was furnished 25 copies. There are a number of typographical errors in these copies, which it is necessary to have corrected before it is sub‑


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mitted to the Convention. A sub-committee has been at work on that since yesterday, and are at work on it now. We hope to be able to make a report at the beginning of the afternoon session today.

THE PRESIDENT-‑The regular order of business would be the call of the roll of delegates for the introduction of ordinances, etc.

MR. HARRISON‑I would say it is impossible for us to do anything without the report of the Committee on Order, Consistency and Harmony. I therefore move that the Convention do

now adjourn until 3:30 this afternoon.

The Convention thereupon adjourned.

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AFTERNOON SESSION

The Convention met pursuant to adjournment, there being 117 delegates present upon the call of the roll.

MR. SMITH (Mobile)‑ The Committee on Rules desire to make a report. The Committee offers a substitute for Resolution 320 by Mr. Sanford of Pike.

The Secretary read the original resolution as follows:

Resolved. That a committee of five be appointed to prepare and issue an address to the people of the State, setting forth the advantages of the new Constitution.

Resolved further. That the President of this Convention shall be the chairman of said committee, and that the other four shall be appointed by the President.

Resolved further, that when said address is prepared, the Secretary of this Convention shall cause to be printed 50,000 copies thereof for distribution.

Substitute by the Committee on Rules:

Resolved, That a committee composed of the President of the Convention, and of one delegate from each Congressional District, to be appointed by the President, prepare and issue an address to the people of the State setting forth the advantages of the new Constitution, and that the President of the Convention be the chairman of Such Committee.

Resolved further, That when such address is prepared the Secretary of this Convention shall cause 50,000 copies thereof to be printed for distribution.

MR. SMITH (Mobile)‑I move the adoption of the substitute.


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THE PRESIDENT‑ The gentleman from Mobile moves the adoption of the substitute reported from the Committee on Rules for the resolution offered by the gentleman from Pike.

Upon a vote being taken the substitute was adopted and upon a further vote being taken the original resolution as amended by the substitute was adopted.

MR. SMITH (Mobile)‑I have a report from the Committee on Rules on Resolution No. 319, with a substitute.

The Secretary read the original resolution as follows:

Resolved, That when the Convention reassembles no amendment to any Article shall be considered except by two-thirds vote of those voting, unless such amendment be necessary for the Order, Consistency and Harmony of the Constitution.

Substitute by the Committee:

Resolved, That no amendment to any Section or Article of the Constitution, or to any ordinance, shall be considered or adopted except by a two-thirds vote, unless such amendment be necessary for the Order, Consistency or Harmony of the Constitution.

MR. HEFLIN (Chambers)‑I have a minority report, Mr. President.

The Secretary read the minority report as follows:

Resolved, That two hours be allowed for amendments and debate on each Article of the Constitution, and after that time the previous question shall be considered as ordered, unless a majority of the Convention order otherwise.

Minority report signed by Mr. Heflin (Chambers), and Mr. O'Neal (Lauderdale.)

THE PRESIDENT‑‑ That is offered as a substitute for the  report of the Committee on Rules. The minority report will be treated as an amendment, and the question will be upon the adoption of the minority report.

MR. COBB‑I have but a few words to say upon this report and the amendment. There never was a time during the sitting of this Convention when more prudence and care should be exercised in what we do than now. We have reached the point in our labors when we think they are finished. We are about to round up what we have done, and present it to the people of Alabama, as the result of our deliberations and our actions. We think we have done our work well, and I hope we have, but in this our last hour additional care and prudence is required and we should not be in haste about it. I know how the members of


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this Convention feel. I am one of those who want to get away from here speedily. There is not a member of this body who has not attended it at a sacrifice of his private business and his interests. It has not been a question of enjoyment to us particularly, although there has been great enjoyment as suggested by the gentleman from Montgomery (Mr. Sanford). Certainly no personal profit has been presented to us. We are trying to build an instrument here that will do for our descendents, for fifty years to come, and I pray this Convention not to be in haste in this last hour. If, it takes a week, two weeks or a month, let us consent to remain here and do our work well, so that we can go before our constituents with confidence and present to them the result of our labors and challenge them for their support. Now, I think to require two-thirds of this Convention before any amendment or change can be made, is wrong.

MR. BAREFIELD‑ May I ask the gentleman a question?

THE PRESIDENT'–Will the gentleman consent to the interruption?

MR. COBB‑ Yes.

MR. BAREFIELD‑ You will remember Mr. Long introduced a resolution to allow the sheriffs to succeed themselves?

MR. COBB‑ Yes.

MR. BAREFIELD‑‑ Reported favorably by the Committee on Executive Department?

MR. COBB‑ Yes.

MR. BAREFIELD‑ If this rule be adopted it would stand no chance in the world.

MR. COBB‑ Chance for what?

MR. BAREFIELD‑ Chance to adopt that resolution.

MR. COBB‑‑ That is all stuff. I give no sort of credence to the statement that if we do this or don't do that, this Constitution is not going to be adopted. It is going to be adopted by fifty thousand majority vote of the people of Alabama, and all the sheriffs in the State of Alabama cannot prevent it. (Applause).

MR. BAREFIELD‑I say if they adopt the two-thirds rule, then the Convention or members who want to vote to allow sheriffs to succeed themselves, cannot get that resolution before the Convention.

MR. COBB‑I beg pardon‑ I did not understand. I though the gentleman was putting a threat at me, and I never in my life could be governed by a threat. I understand it now, and he is,

along on my line. Let us go along as we have done. Let the


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rule stand as it is, and let the majority of this Convention control it, whatever we do, and if it takes a month, let us do it. That is where I stand. I want to get away from here, Mr. President; I have some interests to look after; they are not much, but still they require attention now and again. The President of this Convention would like to get away, and so would all the balance; all of us are in that same boat in that particular, but, for God's sake, for the sake of justice and the happiness and prosperity of the people of Alabama, do not let us get impatient.

MR. SANFORD (Montgomery) ‑ Rule 53 provides for amendment.

MR. COBB‑ If amendments are required, let us have them; don't let us hamper ourselves so that we cannot do what is best for the interests of the State. I hope this Convention will go slow upon this proposition and look well to what they do. I move to lay the report of the Committee on Rules and the substitute on the table.

THE PRESIDENT‑ The gentleman from Macon moves to lay the report of the Committee and the substitute on the table.

MR. GRAHAM (Talladega)‑I hope the gentleman will not take advantage of the Committee.

THE PRESIDENT‑ Does the gentleman withdraw his motion?

MR. COBB‑I will withdraw it.

MR. GRAHAM (Talladega)‑I am not a member of the Committee, but I am for the Committee's report.

MR. SAMFORD (Pike)‑I desire to say that while the delegates to this Convention may be somewhat restive under our continued session, that the people who sent us here are perhaps getting more restive than we are, if the combined wisdom of a hundred and fifty-five delegates in seventy-six days of their labor has not been sufficient deliberation to get this Constitution in the condition, that it ought to be gotten into, and in which the report of the Committee on Harmony has accepted it, we might stay here four hundred and seventy-six days, and not improve on it. I am heartily in favor of the report of the Committee. I think that the report ought to be adopted, but for fear that it will not be adopted, I have prepared an amendment to the minority report, which, I hope, will be adopted, and then let us vote both of them down, and take the report of the Committee. We ought by all means to get away from here and submit our work back to the people.

The amendment by Mr. Sanford of Pike was read as follows:


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"Amend minority report by striking out `two hours' and inserting `one hour.' "

MR. SANFORD (Montgomery) ‑ That is equivalent to nothing.

MR. OATES‑I rise more to make a suggestion that an argument. I quite agree with the delegate from Macon that this is a time when the Convention ought to move slowly in reviewing its work, because in the course of the review it may become perfectly apparent to some delegates who have supported a proposition that it ought to be amended or changed, and if so, it ought to be done if the Convention or a majority think it best. My suggestion is not in advance at this stage to try to tie the Convention down by a two-thirds rule, or such a strict limitation. I think the motion which the delegate from Macon made is a good one, probably not exactly for the purpose he made it, if he made it for the purpose of killing the report and getting rid of it. I do not agree to it for that, but, I think it a good motion by way of putting it on the table and letting it await future development if it is found that too much time is going to be consumed so that it may be where it can be taken from the table by a vote of the majority of the Convention and adopted.

As to the number of days consumed, while they are considerably greater than I expected to be consumed, yet, in comparison with similar bodies in other States we have not been here such a great length of time. The Convention of South Carolina, which made the present Constitution of that State, was in session either eighty-four or eighty-six days; that of Mississippi was in session ninety-four working days; that of Louisiana over one hundred days. We have had seventy-six days, and think it is well to make haste slowly just at this time, because we might adopt that report and regret it afterwards, but I think it well to hold it in hand where the Convention can have recourse to it if we find that too much time is being unnecessarily consumed. I make the motion to lay the amendment and substitute on the table. I do not make the notion if any one desires to speak.

MR. GRAHAM (Talladega) ‑I have but a word to say. I came back here with the view of trying to get back home, and if I were to condense the messages that I have received from my constituents and a number of them, at least, while at home, it is this: Go back to Montgomery and adopt what you have already done, and then come back to us as soon as you can, and we will ratify your work. I believe that is the prevailing sentiment in this State, and I therefore hope the report of the majority of the committee will prevail and that we will proceed to ratify what we have done.


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MR. SANFORD (Montgomery)‑I hope these rules will not be adopted--

MR. BURNS‑I want to ask the gentleman from Talladega a question.

MR. GRAHAM (Talladega) ‑ I have already yielded the floor, but I do not object to answering the question if I can.

MR. BURNS‑I want to know if he has accomplished what he was sent here to do, if he has disfranchised the negro in the State of Alabama.

MR. GRAHAM‑I do not know whether we have or not. We will have to wait and see about that in the future.

THE PRESIDENT‑ The Chair will recognize the acting chairman of the committee, the gentleman from Mobile.

MR. SANFORD (Montgomery)‑ I was up before he arose.

THE PRESIDENT‑ Does the gentleman from Mobile yield to the gentleman from Montgomery?

MR. SMITH (Mobile)‑ Yes, sir.

MR. SANFORD (Montgomery)‑I was going to say that I hope that this report would not be adopted, because, under Rule 53, many members of the Convention have waited until the final report to make some suggestions or amendments. Rule 53, which has been in vogue three months, says that on the final report of the Committee on Order, Consistency and Harmony of the Constitution, amendments may be made, and if amendments should reconsider what they had done, and prepare a proper report for the consideration of this body. Under the rule introduced by the Committee on Rules, it is impossible to do so. It cuts off all amendments. It cuts off all debate, and under the amendment of my friend from Pike, I do not see why he should want any debate at all, because by the time the President gets his watch out and begins to time the speaker and some gentleman asks a question, his time is at an end, and the discussion amounts to nothing. I agree with the gentleman from Macon that we need not get in hot haste in the very concluding hours of this Convention.  All evils come from hasty legislation, in Congress, in the Legislature, in Democratic conventions and it may be in this very constitutional body, and therefore I hope you will proceed under the same rules. No man will make many amendments. I myself do not intend to make but one, and that is upon a question of taxation in regard to which I wish to appeal to this body, but with that exception I have no proposition to make. I trust therefore that this rule will not be adopted. There are gentlemen here in the same condition I am, and out of respect to them I hope no rule that will exclude all amendments, that will shut off all dis‑


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cussion, and that will keep silent men who wish to talk to the people will be adopted by this Convention. I make no threats, but I know what will be the effect of it.

MR. SMITH (Mobile)‑ The Rules Committee had no idea in recommending this rule to encourage hasty legislation. On the contrary it seemed to us that the rule is to protect the Convention against hasty consideration. We have considered the Constitution now under all the safeguards that are generally deemed requisite for the mature and deliberate consideration of the questions that are to be presented to the people for ratification. These questions have been referred to the committees, and those committees have in each instance, I believe, given time, investigation and patience to the consideration of the questions that have been presented to this Convention. The Convention has then had every opportunity to review the action of the committee, and step by step, through each provision that is found in this Constitution, the questions there have been deliberately discussed, voted and passed on by this Convention, and we have now formed a Constitution, not in haste, but deliberately, and we were looking forward to but one purpose, and that was to the accomplishment of a good, enduring and wise instrument. It is now completed and we have returned for the purpose of consummating the work. Almost every delegate has anticipated a delay of but a few days. The people, as has been said, have become somewhat restless at the time we have consumed in this work and the expense we have imposed upon them. They have thought and felt that we have almost been too deliberate in our work, and they have understood that we have come back practically to adopt this Constitution unless there be found some radical mistake in its provisions, and I believe they, expect us to adopt it, and not reopen the matter to meet every question that may be raised by delegates who may have met some adverse criticism from one or two of his individual constituents. If there is any matter that is glaringly erroneous, certainly that can be demonstrated to the satisfaction of two-thirds of the members of this Convention. If there is no such matter, then I submit that we ought not to again reopen our work and consume any more time of the people in the consideration of these matters. I believe, Mr. President, that we have considered them all fully, and that there are no such glaring errors, and that to open these question, by a majority vote will raise a number of issues which, if we pass on, we will not pass on with the same deliberation with which we have already considered them, but will do so in haste. I believe therefore, that the recommendation of the Rules Committee will guard against hasty legislation and not foster it, and I therefore advocate the adoption of the rule as recommended by the Committee.

MR. LONG (Walker)‑I for one have no amendment to offer to the Constitution. There is an ordinance there and a very


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important ordinance, relative to the sheriffs, which has been favorably and unanimously reported by the Committee on the Executive Department, and it will be a great injustice to require the consent of two-thirds of the delegates before putting it upon its passage. There is no good reason why a majority of this Convention should not be trusted anywhere and everywhere, and I am willing to support the amendment offered by the gentleman from Pike to allow one hour for debate on amendments, and even if one hour on every Article in this Constitution were consumed in one day we could finish our labors. I can see no good reason why it should take two-thirds of this Convention to do anything. It is not Democratic, and I ask the members of the Convention to consider well how they gag and bind themselves here. It is wrong in principle to adopt any rule requiring two-thirds of the members of this Convention to pass upon any question. A majority should have the right to amend any article. I am as anxious to get home as anybody. I served notice some weeks ago that I would offer an amendment to the whole Constitution with the exception of the Article on Suffrage and Elections. I will not do that. I have decided to take the turkey feathers and all, and I think the people of Alabama will take it, but there are some amendment which the members of this Convention may wish to offer, and I think with the consent of a majority they should at least have the right to offer them, and I think the delegates should vote down the report of the Committee on Rules.

MR. HEFLIN (Chambers)‑The majority report of the Committee that no amendment shall be offered unless by two-thirds vote does not say whether by a two-thirds vote of the members present or a two-thirds, vote of the entire membership of this entire Convention. It says a two-thirds vote.

MR. CUNNINGHAM‑ It says two-thirds of those voting.

MR. HEFLIN (Chambers)‑I have just read it, and it says two-thirds vote. If that is true it would take one hundred members of this Convention to allow an amendment to be offered.

I agree with the gentleman from Macon when he says that we ought not to be too hasty now. I am as anxious to get away from here as any member. Circuit Court begins in our county next Monday and it is very necessary that we lawyers be there who live in the county at least, but my time belongs to the people.  When I allowed them to send me here, I took the responsibility on me that rests on any member of this Convention, and until the labors of the Convention are completed, my time belongs to them. I do not think that by adopting the substitute or the minority report of the Rules Committee that we will be here longer than Saturday night. There are only two or three amendments to be offered, but delegates have been home and they have seen the people who are interested very much in this Constitution, and


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delegates can not get too close to the people in this matter. Suggestions may have been made to them, and those delegates,  it may be, will desire to offer some amendment. Now our report says "not over two hours" shall be devoted to any Article, not to an amendment, but to any entire Article, and if the Convention sees fit, any delegate can move the previous question or a suspension of the rules. There is only one amendment that I shall favor that I now know of, and that is to allow the Sheriff to succeed himself, and to allow him to be impeached as provided by Governor Jones in his report on the Executive Department. I believe a majority of the delegates in this Convention will favor that amendment. We ought at least to have a little time to consider that. If the gentlemen here think that that would be a wise provision, and I do not see why it would not, they ought to be allowed a little time to consider that and when that is offered, I do not know of any other material amendment that will be proposed.  I favor, Mr. President, the adoption of our substitute, and it is the first time I have ever dissented from the report of the Rules Committee, and I would not do it at this late hour, but I feel that it is due the delegates of this Convention who are the people in Convention assembled, to offer amendments if they see fit to the wisdom of this Convention for their adoption or rejection.

MR. CUNNINGHAM ‑ The purpose of the author of the original resolution was, as well stated by the acting Chairman of the Committee on Rules, to prevent hasty legislation. That was the first reason. I do not believe that delegates on this floor have had an opportunity during the last few days, certainly I have not, to hear from the people generally in regard to the Constitution as it has been proposed by this Convention. What I have heard, however, has been that it is our duty, to finish our work, adjourn and come home. Certainly that is practically the universal opinion in my section of the State. Now, I want to call attention to the fact that the rules we are now operating under provide that every amendment offered must be referred lack to the Committee and by them reported. That will take two days.

MR. O'NEAL‑ Where is that rule?

MR. CUNNINGHAM‑ Rule 53. You will find that when these amendments come up for discussion, that the same straw that has been threshed over time after time will be threshed over again, and I am quite sure that the people of Alabama will not commend the action of this Convention in reconsidering and readopting matters which we have had up so often. There is scarcely a proposition of any importance in this proposed Constitution that a motion was not made to reconsider after it was adopted.  The amendment that my friend from Chambers alludes to in regard to the Sheriff matter has been considered, I think, four distinct times. That is my recollection in regard to the matter. An


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amendment was adopted allowing the Sheriff to succeed himself.  That was reconsidered and voted down. The original Article of the Committee on Executive Department had a provision that the Governor could suspend the Sheriff after hearing the Sheriff in a case of lynching or bodily harm to a prisoner. That was repealed, I think, by special ordinance, and was stricken out. So you see upon that particular question we have not only consumed hours, but days.

Another thing, take the question of quadrennial sessions of the Legislature. I have no doubt some gentlemen entertain the purpose of introducing an amendment on that line. That again will excite a good deal of discussion and if there is anything in Alabama that is universally approved, it is the quadrennial sessions of the Legislature I do not know what other amendments gentlemen may have up their sleeves. I came to this Convention without an ordinance or resolution and offered none except a few resolutions relating to business. I came simply to hear and listen and study and vote upon questions, and upon the whole, so far as I am concerned, I not only approve the Constitution as a whole, but Mr. President, I believe in detail it is an instrument that every delegate on this floor should be proud of, and I believe the people will ratify it. Then, do not let us undo our work and remain here days in and days out. I hope that the report of the Committee on Rules will be adopted.

MR. HEFLIN (Chambers)‑I move to lay all the reports on the table.

MR. WHITE‑I have an amendment which I think the Chairman of the Committee will accept.

THE PRESIDENT‑ Except by unanimous consent, it would not be in order. The Chair will state to the gentleman there is an amendment and an amendment to the amendment pending.

MR. HEFLIN‑I desire to hear it read before giving unanimous consent.

The proposed amendment was read as follows:

"Amend by adding at the end thereof the following: `Or unless recommended by the Committee on Order. Consistency and Harmony of the Constitution."'

There was objection.

MR. HEFLIN‑I move to lay the report of the Committee on the table together with the substitute.

MR. O'NEAL‑I understood the gentleman from Jefferson to say that under Rule 53 if an amendment is made, it would have to be referred back to the Committee. Rule 53 is just to the Contrary. Let me read it.


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"Rule 53. The Committee on Order, Consistency and Harmony of the Constitution shall report the entire proposed Constitution to the Convention, and the Constitution so reported shall be read and acted upon Article by Article and Section by Section 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 referred with such amendments to the said Committee, who shall cause the Constitution, with such amendments so adopted to be rewritten and report the same to the Convention for its action."

That means this: If any Article of the Constitution is amended, it is referred back to the Committee and it reports it back, and then it is not subject to amendment again. We adopt it as a whole. Of course the Committee on Order, Consistency and Harmony of the Constitution would have to redraft it.

MR. CUNNINGHAM‑ That is what I referred to.

MR. O'NEAL‑ We do not have to refer amendments to the Committee. We adopt the amendments in this Convention and then it goes to the Committee on Harmony, and that Committee reports it back for final adoption.

MR. CUNNINGHAM‑ It has to go to the Committee anyway.

MR. HEFLIN (Chambers)‑ I move to lay the report of the Committee on the table, together with the substitute and amendment of the gentleman from Pike. If we desire to take it up afterward we can do so.

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

MR. GRAHAM (Talladega)‑I call for a division of the question.

THE PRESIDENT‑ The question will be first upon the motion to table the amendment to the amendment offered by the gentleman from Pike. The ayes anal noes have been demanded. Is the call sustained?

The call was not sustained.

Upon a vote being taken the amendment to the minority report was tabled.

THE PRESIDENT‑ The question will he upon the motion to table the amendment offered by the minority report.

Upon a vote being taken the motion to table prevailed.

THE PRESIDENT‑ The question will be upon the motion to table the resolution reported by the Committee on Rules.


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Upon a vote being taken, a division was called for and upon a further vote of 55 ayes and 51 noes the resolution was tabled.

MR. SMITH (Mobile)‑‑I have a further report in the form of a resolution.

"Be it resolved that the attestation clause to the Constitution to be adopted by this Convention be as follows, viz.: Done by the people of the State of Alabama through their delegates in Convention assembled at Montgomery, Alabama, this the ________ day of __________, 1901, as hereby attested."

MR. SMITH (Mobile)‑I move the adoption of the resolution. I desire to state the purpose of the resolution. There has been some question and therefore some exhibitions of dissatisfaction arising out of the doubt as to what the signatures to the Constitution by the various delegates would mean ; whether it would mean that they favor each and every section or subdivision of the Constitution, or whether it be a mere attestation of the Constitution. The Committee thought it would be a mere attestation of the Constitution, but to prevent any doubt on that question, it has recommended that form of attestation to show that it is an attestation of the Constitution. I move the adoption of the resolution.

Upon a vote being taken the resolution was adopted.

MR. SMITH (Mobile)‑I have a resolution upon which the Committee reports adversely.

The Clerk read as follows:

"Resolution 316 by Mr. Pettus of Limestone. Reported adversely‑

MR. HARRISON‑I call for the regular order.

MR. WHITE‑I was waiting on the Chairman of the Committee on Rules. I will state, Mr. President, that I have had the report of the Committee on Order, Consistency and Harmony distributed, to which is attached the proposed new Constitution.  They have been placed on the desks of the members, and if the members have not secured their copy, they can apply to the Clerk and get copies. I will state, however, that there were only a few copies, and the members had better take care of them. This is not exactly the report of the Committee, because there are some corrections to be made in this report. The sub‑committee is now at work on these corrections, but I thought it would be better to distribute these and let the members begin to read them over and get familiar with them. I do not believe that any time would be gained by remaining in session this afternoon


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MR. HARRISON‑I would like to ask as to the first Article, has that been passed upon by the Committee?

MR. WHITE‑‑ Mainly so, but I think there are some corrections there.

MR. SAMFORD (Pike)‑ Is the report of the Committee on the Secretary's desk?

MR. WHITE–No, sir: the report of the Committee has not yet been completed. This is the printed report which the subcommittee is now at work on correcting. These corrections are merely typographical errors and things of that kind.

MR. SAMFORD‑ Haven't you the original report of the Committee?

MR. WHITE–The original report is not with the Clerk: it is with the Committee.

MR. SAMFORD–Is not that ready?

MR. WHITE‑ It is ready, but we want to submit it in the form of a printed report, because the original report is made up itself with a great many interlineations which would lie very difficult to read or understand except by a member of the committee.

MR. BURNETT-‑When the sub‑committee completes their work. Will that be printed, and will we be better informed as to how to proceed with the work?

MR. WHITE ‑We will have a correct report at the Clerk's desk and the reading clerk can read it over and each member can correct his copy on his desk.

MR. BURNETT–Does the gentleman think that we can do that with accuracy?

MR. WHITE‑‑I think so. I think that there are such a set of men here as can do that.

MR. BURNETT‑ The corrections would be few?

MR. WHITE– Merely typographical errors. Some matters of punctuation. Errors that have crept into it since it left the hands, of the Committee.

MR. BULGER‑ Do you think your Committee will be ready with the report by tomorrow morning?

MR. WHITE‑I have no doubt of it. They sent me word that it would be ready in half an hour, but I do not think that any time would be saved, because I think the members want to read the report and get at what is in it.


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I want to make this suggestion. I believe that the rules of the Convention now require this entire document to be read. If that be true, I would suggest, as a matter of economy of time that the reading of a document of that kind does not convey anything to the members; they get it from reading the Article itself, and it would take a day for the reading clerk to read it to the Convention.

THE PRESIDENT‑ The Chair would suggest that the difficulty could be met by a motion to dispense with the reading.

MR. WHITE‑ Some gentlemen indicate that they would like me to make that motion now, but it can be made in a moment in the morning; it is not necessary now probably. There is one other thing to which I would like to call the attention of the Convention. It is going to take, as I am informed, a number of days to enroll this Constitution. Some gentlemen think three days, and some think four or five days. It has to be enrolled on parchment, and nobody but an expert can write on it. I know it will take quite a while. The suggestion has occurred to me, we might so arrange the rules that as we adopt one Article, that Article might be turned over to the enrolling clerk, and by that means keep up with us in the work. I suggest that the Convention now adjourn until tomorrow morning. I do not think any time will be lost by it.

MR. LONG (Walker)‑I hope the gentleman will withdraw that motion a moment for the purpose of allowing them to introduce a short resolution.

MR. PILLANS‑I would like to ask the Chairman a question.

THE PRESIDENT‑ Will the gentleman yield to the gentleman from Mobile?

MR. WHITE‑ Yes.

MR. PILLANS‑I was going to ask the Chairman whether, by an adjournment to 5 o'clock we could not have a complete report? I am aware, having been on the Committee, that the report went into the printers' hands, and as it carne from the printer it needs corrections which are now being made. I would ask him whether it would not be best, under the intimations that have come from the gentleman, that the sub‑committee is at work correcting the errors, so as to restore the report to what it was, for us to recess until 5 o'clock, and then go on as far as we may at 5 o'clock this afternoon and get through the Preamble and Bill of Rights, and have those sent to the engrossing clerk. That might save us a half day's time, and every moment's time saved is something. I would ask the gentleman not to move adjournment of this afternoon's session, but to take a recess. The idea I have is that there will be practically no debate on the first part of the Con‑


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stitution, and that would go regularly to the enrolling clerk, and we will save some time by going on after a recess until 5 o'clock.

MR. WHITE‑I would suggest that a sub‑committee of about four members are at work. The Committee itself has not seen the work, and really the work ought to be submitted to our Committee this afternoon, and I want to announce now, or have the President to do it, if we do adjourn, that the Committee on Order, Consistency and Harmony will meet at 4:30 o'clock this afternoon.

THE PRESIDENT‑ Do you withdraw your motion and yield temporarily to the gentleman from Walker?

MR. WHITE‑ Yes.

MR. LONG (Walker)‑I wish to introduce a short resolution.

The Secretary react the resolution as follows:

“Resolution 322: Whereas, this Convention has fixed State elections every four years, commencing, in 1902, and, whereas Judges, Sheriffs, Probate Judges, Clerks, Tax Collectors, Tax Assessors, County Treasurers, etc., terms: of office expire in 1904, therefore, in order to fix all offices in the State of equal length, and have them expire at the same time, in the same years in which regulation State elections are here, be it

"Resolved. That the Committee on Order, Consistency and Harmony of the Whole Constitution be, and they are hereby, requested to report all ordinance or amendment extending; for two years the terms of all officers whose terms of office expire in 1904, or some other method, so as to fix the length of all State and County officers at four years after 1906."

THE PRESIDENT–The resolution is referred to the Committee on Rules.

MR. WHITE‑I now renew the motion to adjourn.

Upon a vote heintaken, the motion was adopted, and thereupon the Convention adjourned.

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