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                                                                                                                              MONTGOMERY, ALA.,
                                                                                                                              May 28, 1901.

     The convention was called to order by the President, and the proceedings were opened with prayer by the Rev. Mr. Anderson as follows: Almighty God, we adore Thee as the King eternal, immortal, invisible, infinite and unchangeable in Thy being, wisdom, power, holiness, justness, goodness and truth, and we pray Thee that Thou wouldst fill all of our hearts this day with the consciousness of Thy presence, and that Thy holy spirit rule in every breast. We thank Thee that Thou hast watched over us and kept us during the dark watches of the night. Many others have been tossed to and fro upon their beds until the morning, racked with suffering and pain, but Thou hast permitted us to remain in health and strength, and brought Thy servants into this place of business. We pray Thee to add to all the gifts of Thy providence and Thy grace the gift of truly grateful hearts. Command Thy blessing upon Thy servant, the Governor of this commonwealth. We thank Thee for his restored health, and we pray Thee that Thou wouldst spare his life unto the work whereto Thou hast called him. Bless all that counsel with him. We pray for Thy blessing upon the judges of this State, that the fear of God may reign within them, and that they may judge righteously. Let Thy special blessing rest upon the members of this Constitutional Convention. May they realize the high and solemn obligation of this office to which they have been called, and may they discharge its functions in the spirit of love of country, of duty and of God, and so, out of the deliberations of these Thy servants, we pray Thee that Thou wouldst bring a blessing to this great State. And Our Father, we pray for Thy blessing upon the loved ones


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at home, that Thou wouldst watch over them and care for them during the absence of the heads of the homes, and may Thy peace abide in all of our hearts, and may Thy blessing rest upon our lives, through Jesus Christ, our Lord, Amen.

     The roll was called and showed the presence of 131 delegates.

     MR. LEIGH--I respectfully ask indefinite leave of absence for Mr. Burnett of Conecuh on account of sickness in his family.

     The leave was granted.

     MR. deGRAFFENREID--I ask leave of absence for Hon. John J. King of Marengo County until next Tuesday.

     The leave was granted.

     MR. COLEMAN (Greene)--Mr. President, rise to a question of privilege, I desire to have the times and places of meeting of the several committees announced.

     The secretary read the announcements as follows:

     Times and places designated for the meetings of the several committees:

     Suffrage, 9 a. m.--Senate Chamber.

     Education, 4 to 5 p. m.--Supreme Court Room at the call of the chairman.

     Legislation, 3 to 4 p. m.--22 1-2 South Perry Street.

     Taxation, 5 p. m.--Supreme Court Library.

     Corporations, 4 p. m.--Senate Chamber.

     Local Legislation, 8 p. m.--Supreme Court Library at the call of the chairman.

     Executive, 4 p. m.--16 South Perry Street.

     Municipal Corporations, 8 p. m.--Place to be selected.

     Judiciary, 5 :30 p. m.--Graham & Steiner's office.

     Banking--Room 5 in Merchants Hotel, at call of chairman.

     Exemptions, 4:30 p. m.--House of Representatives at the call of the chairman.

     State and County Boundaries, 8 p. m.--Senate Chamber at the call of the chairman.

     Impeachments--At the call of the chairman.

     Amending Constitution, 1 p. m.--Supreme Court Room at the call of the chairman.


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     Schedule and Printing, 9:30 a. m.--House of Representatives, Thomas W. Coleman.

     MR. JENKINS (Wilcox)--I desire to ask leave of absence for E. A. Graham of Montgomery for today.

     The leave was granted.

     MR. SAMFORD (Montgomery)--I move to fill the blank in the resolution in regard to the meeting of the Committee on Municipal Corporations?in the law office of John W. A. Samford, Jr., at the corner of Perry and Dexter Avenue.

     PRESIDENT--Unless there be objection, that amendment will be made.

     MR. COLEMAN (Greene.)--Those appointments or places were agreed upon by the several chairmen of the respective committees?I know nothing myself.

     MR. SANFORD--It was left blank, and I was to inform them if I could get a room for them.

     PRESIDENT--Is that satisfactory to the chairman of the committee

     MR. COLEMAN--Yes.

     MR. SAMFORD (Pike)--I rise to a question of personal privilege.

     PRESIDENT--The gentleman will please state his question of personal privilege.

     MR. SAMFORD--Some of the reports of committees have my name, and some of them the name of my friend, Gen. John W. A. Sanford of Montgomery on the Committee on the Executive. I would like that the clerk read the names of the members on that committee.

     The secretary again read the names of the committee showing the name of Mr. Samford, not Sanford.

     PRESIDENT--The next business will be the report of the Committee on Journal.

     MR. HOWELL--Mr. President if I remember correctly, almost every morning this week some gentleman on this floor has arisen and called attention to some error in the official stenographic reports of the proceedings of this body. I find in the proceedings of yesterday a very flagrant mistake. In the ordinance I introduced, regulating the mileage and per diem of the members of the General Assembly, that proposed to make the per diem five dollars per day, and the mileage five cents, the official report has it "fifty cents a mile", going and returning from the capital.


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     Now, sir, it is in no spirit of adverse criticism to the officer, because I think, taking all things into consideration, he is doing elegant work, knowing, as I do, the difficult task, with the amount of work done and reported, to have everything correct; but these papers go to the public, as the official reports of the proceedings of this body, and they are presumed to be absolutely correct. Therefore, there ought to be some remedy in case these errors creep in, unavoidably it seems. There ought to be some remedy to correct them, and I offer a resolution to remedy that trouble and ask a suspension of the rules that it may be put upon its immediate passage.

     The resolution was read as follows:

     No. 60, By Mr. Howell--Whereas, Some errors have been found in the official reports of the published proceedings of this convention, and in order that these errors in the future may be corrected, be it therefore resolved, that the stenographer is hereby directed each day to correct any errors which may have been made in reporting the proceedings of the preceding day, under the appropriate head.

     MR. HOWELL--I will state my idea, Mr. President--

     THE PRESIDENT--The gentleman from Cleburne moves that the rules be suspended and that the resolution be placed upon its immediate passage.

     MR. HOWELL--My idea is that at the close of the proceedings of the day to have a little supplement headed with the correction of the errors of yesterday. That is my idea of the intention of the resolution.

     MR. WILSON (Clarke)--I do not know that I have any objection to the resolution proposed by the gentleman from Cleburne. In fact, it seems to me, that something of that kind may be necessary, but in order that the resolution may be properly considered in all its bearings, it seems to me it would be better to let it be referred for that reason.

     MR. HOWELL--It is a very plain, simple proposition. I suppose every member understands it. It is a very simple proposition, and if you will allow me, we are anxious to have this correction made that occurred on yesterday, because they would want to hang me to a sour apple tree for proposing to give men fifty cents a mile to the capital and back.

     THE PRESIDENT--The question is on the motion of the gentleman from Cleburne that the rules be suspended.

     Upon a vote, the rules were suspended, and on a further vote the resolution was adopted.


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     MR. WATTS--Mr. President, with the consent of the chairman of the Committee on Local Legislation, I desire to change the place of meeting of that committee from the Supreme Court Library at 8 o'clock, to the office of Watts, Troy & Caffee, at 8 o'clock.

     THE PRESIDENT--Unless there be objection, the change will be made.

     MR. WILLETT--I desire to ask the unanimous consent of the House in order to make a motion that 300 copies of the report showing where the standing committees meet be printed, for the use of the members. It is very inconvenient to run around to find out where our respective committees meet, but we do not know where the Committee on Education, etc., meets, and we would have to go to some member of that committee before the adjournment of the House to find out, and it seems to me that it ought to be printed so each one will have a pamphlet to know exactly if we should have any business before the committees.

     THE PRESIDENT--The gentleman asks unanimous consent to have 300 copies of the report fixing the time of the meetings of the standing committees printed; is there objection.

     MR. O'NEAL (Lauderdale)--Objection.

     MR. BROWNE--I would like to ask if the rules have been printed, and suggest, if they have not yet been printed, that they be incorporated into the rules. It could be very well done, and would be in convenient form.

     THE PRESIDENT--The chair is informed that the rules are in the press.

     MR. BULGER--I object to the proposition stated by the gentleman from Pickens that 300 copies of pamphlets stating where these committees meet, be printed, because this stenographic report that comes out tomorrow morning will contain the information that is desired by the gentleman from Pickens to be put in this pamphlet; and it seems to me it would be an unnecessary expense to this convention and I, therefore, object.

     THE PRESIDENT--Objection being made, the motion is not in order at this time. The next order of business will be the report of the Committee on the Journal.

     The report was read, stating that the journal for the seventh day had been examined and found to be correct. The report, on motion, was adopted.

     THE PRESIDENT--The next order of business will be the reading of the journal of yesterday, if it is not dispensed with.


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     MR. GREER (Calhoun) -- I move that the reading of the journal of yesterday be dispensed with.

     The motion was carried.

     MR. GRAHAM (Talladega)--I ask unanimous consent that an ordinance which was undoubtedly by error referred to my Committee, be referred to the Committee on Suffrage and Elections. It is document number 50, and relates solely to those who shall vote, and hold office, and I ask unanimous consent that this document now be referred to the Committee on Suffrage and Elections.

     THE PRESIDENT--Unless there be objection the ordinance will be so referred.

     MR. FLETCHER (Madison) -- I introduced an ordinance, number 89, which was referred to the Committee on Taxation which related exclusively to municipal corporations; I ask that it be withdrawn from that Committee and be referred to the Committee on Municipal Corporations.

     THE PRESIDENT -- Unless there is objection, ordinance No. 89 will be withdrawn from the Committee on Taxation, and referred to the Committee on Municipal Corporations.

     THE PRESIDENT--The Clerk will continue the call of the roll for the introduction of ordinances, etc., where we left off on yesterday.

     Ordinance 106, by Mr. Jackson:

     To re-adopt Section 10 of Article XIII of the Constitution of 1875 relating to the removal of the State University or the Agricultural and Mechanical College.

     Be it ordained by the people of the State of Alabama in Convention assembled, that the General Assembly shall have no power to change the location of the State University or the Agricultural and Mechanical College as now established by law, except upon a vote of two?thirds of the members of the General Assembly, taken by yeas and nays and entered upon the journals.

     Referred to Committee on Education.

     Resolution No. 61, by Mr. Jackson.

     Resolved, That the respective committees in charge of the different subjects to be dealt with by this Convention be instructed to adhere to, and this Convention pledges itself to the following purposes

     1. That suffrage shall be so regulated as not to conflict with the Constitution of the United States.


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     2. That the rate of taxation by State, counties and municipalities shall not exceed the limit fixed by the present Constitution of the State.

     3. That the qualifications for suffrage shall be so framed as not to deprive any white man of the right to vote, except for infamous crime.

     4. That the provisions of the present constitution relating to exemptions of real and personal property shall remain unchanged.

     5. That the State Capitol shall remain at Montgomery, and that no power or authority be granted by this Constitution or any legislature to provide for its removal.

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

     Referred to Committee on Rules.

     MR. JACKSON--There has been several resolutions introduced here relating to promises and pledges made by the delegates in this Convention which have been referred to the different committees. One, however, was adopted by this House last week promising to refer the Constitution, when framed, to a vote of the people of Alabama for their ratification or rejection. Now, in the language of the distinguished gentleman from Jefferson, I move a suspension of the rules and that this resolution be put upon its immediate passage.

     MR. VAUGHAN--Some days ago I introduced a resolution very similar to that and that resolution was referred to a Committee, I don't know which one.

     THE PRESIDENT--The resolution was referred to the Committee on Rules.

     MR. VAUGHAN--I think that Committee ought to report the resolution.

     THE PRESIDENT--The question is on the motion to suspend the rules.

     MR. ROGERS--Do you say that resolution is not debatable.

     THE PRESIDENT--The question is on the motion to suspend the rules.

     MR. ROGERS--And it is not debatable?

     THE PRESIDENT?That is the decision of the Chair.

     A vote being taken the rules was lost.

     THE PRESIDENT--The resolution will be referred to the Committee on Suffrage and Election.


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     MR. CUNNINGHAM--I suggest to the Chair, not as an interpretation of the Chair's duty, that as that relates to the entire business of the Convention, it might properly be referred to the Committee on Rules.

     THE PRESIDENT -- Unless there be objection, the Chair will order the resolution, at the suggestion of .the gentleman from Jefferson, to be referred to the Committee on Rules. It seems to cover quite a large number of subjects dealt with by quite a number of Committees of the Convention.

     Resolution No. 62, by Mr. Jenkins:

     Refers to State Colleges and Institutions.

     Resolved, That a committee be raised to consist of fifteen members to be appointed by the President to take into consideration all matters pertaining to the University of Alabama, the Girls' Industrial School for white girls, the Alabama Polytechnic Institute, and other State colleges and institutions of learning. Said committee to be styled and called the Committee on State Colleges and Institutions.

     Referred to Committee on Rules.

     THE PRESIDENT--The resolution will be referred to the Committee on Education.

     MR. JENKINS -- I ask its reference to the Committee on Rules. We have a rule that all resolutions shall go to the Committee on Rules.

     THE PRESIDENT -- Where they relate to matters being dealt with by different committees the understanding of the chair is that they should be referred to their proper committees. This matter refers to education in the opinion of the Chair and should be referred to that committee.

     MR. JENKINS--I make the point that the rules say all resolutions shall go to the Committee on Rules. This is a matter for the government of the Convention.

     MR. OATES--I think the delegate who offers the resolution is slightly mistaken. The rule to which he refers is so modified that resolution pertaining to any particular matter involving a change should be referred to the Committee in charge of such committees.

     THE PRESIDENT--That is the understanding of the Chair and the Chair overrules the point of order but will call for a reading of the resolution again as the Chair may not have caught it exactly and so be in error.

     The resolution was again read.


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     THE PRESIDENT--The Chair failed to catch the first sentence. The Chair will reconsider the ruling and will refer the resolution to the Committee on Rules.

     Resolution No. 63, by Mr. Jones (Bibb):

     Refers to representation:

     1. Be it resolved that representation in the lower House of the General Assembly of this State shall be based on the entire population of Alabama, and that no County have less than one representative to be elected by the legal voters of this State every four years.

     2. That the Senate of Alabama shall be composed of members from each County to be elected every four years by the qualified electors of this State.

     Referred to Committee on Representation.

     Resolution No. 64, by same:

     Relates to suffrage.

     Be it resolved that no man of foreign birth be entitled to the rights of suffrage in the State of Alabama until he has become a bona fide citizen of the United States under the provisions of the revised statutes of the United States.

     Referred to Committee on Suffrage and Elections.

     Ordinance No. 107, by Mr. Jones (Montgomery).

     An ordinance to amend Sections 9, and 10 of Article XIII of the constitution.

     Be it ordained by the people of Alabama in convention assembled that Sections 9 and 10 of Article XIII of the Constitution be amended so as to read as follows:

     Sec. 9. The State University and the Agricultural and Mechanical College shall each be under the management and control of a Board of Trustees. The Board of Trustees for the State University and the Board of Trustees for the Agricultural and Mechanical College shall each consist of nine members, selected as follows: Two of the trustees in each of said Boards shall be appointed by the Governor with the advice and consent of the Senate, and vacancies occurring in such trustees during the recess may be filled by appointment of the Governor, expiring at the end of the next session of the General Assembly. Two of the Trustees in each of said Boards shall be elected by the qualified voters of the State. Two of the Trustees of each of said Boards shall be elected by the Alumni, respectively of the State University and the Agricultural and Mechanical College, under such rules and regulations as may be prescribed by law. The remaining three trus-


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tees in each of said Boards shall be elected by the six Trustees hereinabove provided for. The terms of the trustees provided herein shall begin upon the first day of March, 1903. At the first meeting of the Trustees each Board shall be divided by lot into three classes; the seats of the first class shall be vacant at the expiration of two years; those of the second class in four years and those of the third class in six years, so that one-third shall thereafter be chosen biennially. Vacancies in the Trustees elected by the Alumni or by the people shall be filled by appointment of the Governor, and the persons so appointed shall hold office until the next general election in case of Trustees elected by the people, and until the next election by the Alumni in case of Trustees elected by them. No Trustee shall receive any pay or emolument other than his actual expenses incurred in the discharge of his duties as such. The Governor and Superintendent of Education shall each ex-officio be a member of each of said Board, and the Governor shall be ex-officio president of said Board.

     Sec. 10. The General Assembly shall have no power to change the location of the State University or the Agricultural and Mechanical College as now established by law, except upon a request of a majority of their Trustees and by a vote of two-thirds of the members of the General Assembly taken by yeas and nays entered upon the journal.

     Referred to Committee on Education.

     Ordinance No. 108 by Mr. Jones (Montgomery):

     An ordinance to amend Section 21 of Article VI.

     Be it ordained by the people of Alabama in convention assembled, That Section 21 of Article VI of the Constitution be amended to read as follows:

     Sec. 21. Registers in Chancery shall be elected by the qualified voters of the district and shall hold office for the term of six years, and no person shall be elected Register, or employed by him as clerk, unless he has been a resident citizen of the district for at least one year prior to his election or employment.

     Referred to Judiciary Committee.

     Ordinance No. 109, by Mr. Jones (Montgomery.)

     An ordinance to amend Section 14 of Article V of the Constitution.

     Be it ordained by the people of Alabama in convention assembled, that Section 14 be amended by adding after the last word in said section the following:

     Whenever in any veto message the Governor shall propose the specific amendment , or amendments which, if made would re


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move his objection, the house to which said veto is sent, instead of proceeding to consider whether the bill shall be passed over the veto, may adopt the amendment so recommended and send the bill to the other house, which may adopt said amendment, and both houses concurring in the amendment, the bill shall be sent again to the Governor; but if either house refuse to adopt the amendment or amendments so suggested it shall notify the other, and thereupon the house in which the bill originated shall proceed to reconsider, and such further Proceedings taken as required by Section 14 of this Article.

     Referred to Committee on Executive Department.

     Ordinance No. 110, by Mr. Jones (Montgomery.)

     An ordinance to provide for the safe and productive use of surplus public funds in the treasury.

     Be it ordained by the people of Alabama in convention assembled, That whenever there shall be in the Treasury of the State an amount of money more than sufficient for the present needs of the government, and which can be safely loaned out for any definite time, the Governor, Auditor and Treasurer, or the Governor and either the Auditor or the Treasurer, may loan out such suplus on call, or for such length of time, not exceeding six months, and at such rate of interest as they may deem advisable, upon the lender's depositing with the Treasurer of the State bonds of the United States or of the State of Alabama sufficient in value to cover the amount of such loan and the interest agreed to be paid thereon, and any expense which may be incurred in selling said bonds, if the loans are not paid at maturity. No such loans shall be made until at least two days public notice shall have been given by publication, in some newspaper published at the capital, of the terms on which the State desires to make the proposed loan; and if there is more than one application for the money, the bid or application most favorable to the State shall be accepted. A record of all such loans, and bids if any, shall lie kept in the Treasurer's office and published in the Treasurer's report.

     Referred to Committee on Banks and Banking.

     Resolution No. 65, by Mr. Jones (Montgomery):

     Resolved, That a special committee of nine be raised to take into consideration and report whether any, and if so, what, classes of public officers be allowed to use free passes, and under what circumstances; and whether any, and if so, what classes, of public officers should be permitted the benefit of special rates, and if so, to what extent; and what alteration or amendment is advisable in the scope of the present provision of the Constitution on the subject, or the mode of their enforcement.

     Referred to Committee on Rules.


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     Resolution No. 66, by Mr. Jones (Montgomery):

     Resolved, That provision should be made in the article on the Executive Department, constituting a Board of Arbitration for the arbitration and settlement of disputes between employers and employees.

     Referred to Committee on Executive Department.

     Resolution No. 67, by Mr. Jones (Montgomery):

     First--That the fundamental principles of justice and free government are violated, when the benefits the citizen derives from money raised by taxation, are ascertained and measured according to the poverty or riches of the class or race to which he belongs, or the proportionate amount of taxes paid by such race or class.

     Second--That it is not within the power of the State under the Constitution of the United States, to raise money by taxation for school purposes, and provide that the children of any race or class shall receive the benefit only of the amount of money derived from the taxes on the property of the race or class to which they belong.

     Referred to Judiciary Committee.

     MR. JONES (Montgomery)--I move that that be referred to the Committee on Judiciary.

     THE PRESIDENT--The request is made and it will be so referred.

     Ordinance No. 11 l by Mr. Jones (Wilcox):

     An ordinance to amend Article IX of the Constitution on Representation so as to read as follows:

     REPRESENTATION.

     1. The whole number of Senators shall be not less than one-fourth, or more than one-third, of the whole number of representatives.

     2. The House of Representatives shall consist of not more than one hundred members.

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

     4. It shall be the duty of the General Assembly at its first session after the taking of the decennial census of the United States in the year 1910, and


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after each subsequent decennial census, to fix by law the number of Senators and to divide the State into as many Senatorial districts as there are Senators, which districts shall be as nearly equal to each other in the number of inhabitants as may be, and each shall be entitled to one Senator and no more; and which districts; when formed, shall not be changed until the next apportioning session of the General Assembly after the next decennial census of the United States shall have been taken. No county shall be divided between two districts and no district shall be made of two or more counties not contiguous to each other.

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

     6. The apportionment of representatives among the several counties, until the next apportioning session of the General Assembly after the next decennial census of the United States shall have been taken, shall be as follows: The counties of Autauga, Baldwin, Bibb, Blount, Butler, Cherokee, Chilton, Choctaw, Clay, Cleburne, Coffee, Colbert, Conecuh, Coosa, Covington, Crenshaw, Cullman, Dale, DeKalb, Elmore, Escambia, Etowah, Fayette, Franklin, Geneva, Greene, Lamar, Lawrence, Limestone, Macon, Marion, Marshall, Monroe, Pickens, Randolph, Shelby, St. Clair, Walker, Washington and Winston, shall have each one representative; the counties of Barbour, Bullock, Calhoun, Chambers, Clarke, Hale, Henry, Jackson, Lauderdale, Lee, Lowndes, Madison, Marengo, Morgan, Perry, Pike, Russell, Sumter, Talladega, Tallapoosa, Tuscaloosa and Wilcox shall each have two representatives; the counties of Dallas and Mobile shall each have three representatives; the County of Montgomery shall have four representatives; and the County of Jefferson shall have six representatives.

     7. The Senatorial Districts, until the next apportioning session of the General Assembly, after the decennial census of the United States shall have been, shall be as follows: First District, Lauderdale and Limestone; Second District, Lawrence and Morgan; Third District, Winston, Blount and Cullman; Fourth District, Madison; Fifth District, Jackson and Marshall; Sixth District, St. Clair and Etowah; Seventh District, Calhoun and Cleburne; Eighth District, Talladega and Clay; Ninth District, Randolph and Chambers; Tenth District, Tallapoosa and Coosa; Eleventh District, Tuscaloosa; Twelfth District, Lamar, Fayette and Walker; Thirteenth District, Jefferson; Fourteenth District, Pickens and Sumter; Fifteenth District, Chilton, Shelby and Elmore; Sixteenth District, Autauga and Lowndes; Seventeenth District, Butler, Conecuh and Covington; Eighteenth District, Perry and Bibb; Nineteenth District, Clarke, Choctaw and Washington, Twentieth District, Marengo; Twenty-first District, Monroe, Escambia and Baldwin; Twenty-second District, Wilcox; Twenty-third District, Henry, Dale and Geneva; Twenty-fourth District Barbour; Twenty-fifth District,


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Pike, Coffee and Crenshaw; Twenty-sixth District,, Macon and Bullock; Twenty-seventh District, Lee and Russell; Twenty-eighth District, Montgomery; Twenty-ninth District, DeKalb and Cherokee; Thirtieth District, Dallas; Thirty-first District, Colbert, Franklin and Marion; Thirty-second District, Greene and Hale; Thirty-third District, Mobile.

     Referred to Committee on Representation.

     Ordinance 112, by Mr. Kirk:

     An ordinance to amend Sections 3, 5 and 9 of Article IV of the Constitution.

     Section 3 shall be amended to read as follows:

     Senators and Representatives shall be elected by the qualified electors on the first Monday in August, 1902, and every four years thereafter, unless the General Assembly shall change the time of holding elections. The terms of the office of Senators and Representatives shall be four years, commencing on the day after their election.

     Section 5 shall be amended to read as follows:

     The General Assembly shall meet in regular session at the Capitol, in the Senate Chamber and in the hall of the House of Representatives on the Tuesday after the second Monday in November, 1902, and every four years thereafter, or on such other day as may be prescribed by law, (except in cases of destruction of the Capitol, or epidemics, when the Governor may convene them at such place in the State as he may deem best), and shall continue in session not more than fifty days, and at said regular session it shall not consider any matter or law of a local character; and any local measure enacted at such regular session shall be void. On the day following the adjournment of the regular session, the General Assembly it shall assemble at the same place in special session and continue in session for a term not to exceed twenty days, and may at such session consider measures and laws of a local character.

     That Section 9 be amended by striking out all of said section except the latter clause thereof, which section shall read as follows:

     Whenever a vacancy shall occur in either House of the General Assembly, the Governor shall issue a writ of election to fill such vacancy for the remainder of the term.

     Referred to Committee on Legislative Department.

     Ordinance No. 113, by Mr. Kirkland:

     To amend Section 2 of Article II of the Constitution of the State of Alabama.


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     Be it ordained by the people of the State of Alabama, in convention assembled, That Section 2 of Article II of the present Constitution be amended as follows:

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

     Referred to Committee on State and County Boundaries.

     Ordinance No. 114, by Mr. Kirkland:

     To establish a Railroad Commission for the State of Alabama.

     Be it ordained by the people of the State of Alabama, in convention assembled, That a commission known as the Railroad Commissioners of the State of Alabama, consisting of the President and two associates, who shall be competent persons, and who shall be elected by the people of the State of Alabama, is hereby established. Said Railroad Commission shall be elected for a term of four years, and shall not be eligible to succeed themselves. They shall be paid a salary to be fixed by law out of the State Treasury and shall be clothed with power to regulate and fix the freight and passenger tariffs on all railroads operating within the State of Alabama within all points within said State.

     Referred to Committee on Corporations.

     Ordinance No. 115, by Mr. Kirkland:

     To amend Section 6 of Article IV of the present Constitution.

     Be it ordained by the people of Alabama, in convention assembled, That Section 6 of Article IV of the present Constitution of the State of Alabama be amended so as to read as follows:

     Section 6. The pay of members of the General Assembly shall be four dollars per day and three cents per mile in going to and returning from the seat of government, to be computed by the nearest usual route traveled; provided, that no member shall be paid mileage more than one time during any sitting of the General Assembly.

     Referred to Committee on Legislative Department.


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     Ordinance No. 116, by Mr. Kirkland:

     Relates to mileage to members of the General Assembly and others.

     Be it ordained by the people in convention assembled, That members of the General Assembly, Presidential electors, witnesses before any court, and others who may be entitled to draw mileage, as compensation, in part, for their services shall be allowed the sum of three cents per mile each way, and no more, to be computed by the route most usually traveled.

     Referred to Judiciary Committee.

     Ordinance No. 117 by Mr. Kirkland:

     To amend Section 5 of Article IV of the present Constitution of Alabama.

     Be it ordained by the people of Alabama, in convention Assembled, That Section 5 of Article IV of the present Constitution be amended so as to read as follows:

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

     Referred to Committee on Legislative Department.

     Ordinance No. 118, by Mr. Kirkland:

     To amend Section 16 of Article V of the present constitution.

     Be it ordained by the people of Alabama in convention assembled, That Section 16 of Article V of the present constitution of the State of Alabama be amended so as to read as follows:

     Section 16. The President of the Senate and Speaker of the House of Representatives, shall, during the time they respectively administer the government, receive the same compensation which the Governor would have received if he had been employed in the duties of his office. Provided, that if the General Assembly shall be in session during the time they are administering the government, they, or either of them shall receive no compensation as members of the General Assembly while acting as Governor. And provided further, that the Governor, while the President or Speaker of the House of Representatives, or either of them is administering the government shall receive no compensation as Governor.

     Referred to Committee on Executive Department.


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     Resolution No. 68, by Mr. Kirkland

     Be it resolved by the people of the State of Alabama, in convention assembled, That the General Assembly of Alabama shall have the power and it shall be their duty, to pass such laws, the violation of which, shall be punished by imprisonment in the penitentiary, as shall effectually prevent the business or profession of lobbying with the members thereof for any purpose.

     Referred to Committee on Legislative Department.

     Ordinance No. 119, by Mr. Locklin:

     Relating to suffrage.

     Be it ordained, etc., That the qualifications for electors in this State shall be the same as prescribed in Article VIII of the present constitution, except as hereinafter provided

     First--That each male citizen above the age of 21 years shall pay a poll tax of $2 per year, before he is entitled to register.

     Second--That all registrations of voters for elections shall be completed at least six months in advance of such elections respectively.

     Third--That no elector shall be registered who has not paid all poll taxes due by him, subsequent to the adoption of this constitution, up to a period of not less than twelve months preceding the elections at which he is registered to vote.

     Fourth--That registration officers shall be furnished by the tax collectors with certified transcripts of the records of their offices showing who have paid poll taxes and upon what dates within a period of twelve months preceding the times prescribed by law for registration; and the General Assembly may prescribe other methods of proof of payment of such taxes.

     Fifth--That it shall be optional with any citizen whether he pays poll taxes charged against him.

     Sixth--That all poll taxes collected shall go to the support of public schools in the respective counties in which they are collected.

     Seventh--That all poll taxes paid by white men shall go to the support of white schools only; and all paid by colored men to colored schools only.

     Referred to Committee on Suffrage, and Elections.

     MR. LONG (Lauderdale)--Mr. President--I yield my call to Mr. Sanders of Limestone.

     Resolution No. 69, by Mr.Sanders:


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     A resolution as to the sense of this convention touching suffrage reform in Alabama.

     Resolved, First--That it is the sense of this convention that the suffrage reform demanded by the conditions prevailing in Alabama, and promised to the people of this State by this convention, can be best accomplished in the recognition of the principle involved in the exception clause, in the suffrage provisions of the constitution of the States of Louisiana and North Carolina.

     Second--That in justice to the white race of the State, and in order to avoid the paralysis which would result in withdrawing from the youths of Alabama all stimulus to qualify themselves for the discharge of the privileges, duties and obligations of an elector, some limit should be fixed, at the expiration of which all white males in this State, thereafter to arrive at the voting age, shall possess the general qualifications which may be prescribed by this convention for the exercise of the elective franchise.

     Referred to Committee on Suffrage and Elections.

     Ordinance No. 120, by Mr. Macdonald:

     To amend Section 7 of Article XI, of the Constitution of Alabama.--Refers to Municipal Corporations.

     Be it ordained by the people of Alabama in Convention assembled, That Section 7 of Article XI, be amended so as to read as follows:

     Sec. 7. No city, town or other municipal corporation other than provided for in this article, shall levy or collect a larger rate of taxation in any one year, on the property thereof, than one-half of 1 per centum of the value of such property as assessed for State taxation during the preceding year. Provided that for the payment of debts existing at the time of the ratification of the Constitution of Alabama in 1875, and the interest thereon, an additional rate up to 1 per centum may be collected, and the sum so collected shall be used solely in payment of such debts and interest and shall not be used by any municipality for any other purpose whatever.

     Sec. 8. No city, town, or other municipal corporation shall have power to issue for any purpose except in renewal of the present bonded indebtedness of said city, town, or other municipal corporation, except on a vote of a majority of its voters at an election held solely for that purpose in accordance with an act of the Legislature authorizing such election. And no such city, town or other municipal corporation shall have power to issue bonds for any purpose save for refunding its bonded indebtedness existing at the time of the adoption of this Constitution when its outstanding bonds amount to 10 per centum of the value of its property asassessed for taxation.


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     Sec. 9. No city, town, or other municipal corporation shall have power to make, levy or collect any special or local assessment for streets or other local improvements on the property situated within its limits except in exact proportion to the benefit arising from such improvement to each separate piece of property. And no such assessment shall be made until the consent of the owners of a majority in value of the property upon which such assessment is proposed, is obtained. And no property shall be sold for the payment of such assessment, except under a decree of a court of competent jurisdiction, ascertaining the amount of such benefit, and the burden showing benefit shall be on the city, town, or other municipal corporation making the assessment. Provided, that no such assessment shall exceed 5 per centum of the taxable value of the property on which the same is levied, and no greater amount shall be collected in any one year than one-half of 1 per centum on the taxable value of said property.

     Referred to Committee on Municipal Corporations.

     Ordinance No. 121, by Mr. Macdonald:

Be it ordained by the people of Alabama in Convention assembled, That Section 3 of Article XIV, of the Constitution of Alabama be amended so as to read as follows:

      Sec. 3. The General Assembly shall not remit the forfeiture of the charter of any corporation, nor shall the General Assembly alter or amend any charter, or pass any general or special law for the benefit of such corporation, other than in execution of a trust created by law, or by a contract, except on the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution. And in every case where the charter of any corporation shall be forfeited by a judgment of any court of this State, having jurisdiction of a proceeding for such forfeiture, it shall be the duty of any court with equity jurisdiction,
within the county where such corporation shall have had its principal place of business on the petition of the plaintiff or petitioner in the proceeding wherein such forfeiture is declared, or by any citizen of this State, should such plaintiff or petitioner fail to make application therefor to such court, to appoint a receiver or receivers of all the property of such corporations who shall, under the direction of the court of his or their appointment, conduct and wind up the business of such corporation. Provided, that no officer or stockholder of the corporation, whose charter has been so forfeited, shall be appointed such receiver.

     Referred to the Committee on Corporations.

     Ordinance No. 122, by Mr. McMillan, (Wilcox):

     Relates to the formation of new Constitution.


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     Be it ordained by the people of Alabama in Convention assembled, That no act of the General Assembly creating or forming new counties shall become a law until same shall have been submitted to the qualified voters residing within the boundaries of the county to be formed and must be approved by a majority of such electors voting on same, and such act shall specify the proposed boundaries.

     Referred to Committee on State and County Boundaries.

     Ordinance No. 123, by Mr. McMillan (Wilcox):

     Relating to the removal of county sites.

     Be it ordained by the people of Alabama in Convention assembled, That no act of the General Assembly changing the county site of any county shall become a law until the same shall have been submitted to the qualified voters of the county at an election, and approved by a majority of such electors voting on same, and such act shall specify the proposed new location.

     Referred to Committee on State and County Boundaries.

     Resolution No. 70, by Mr. Malone (Henry):

     Fixing the time for holding the general election.

     Be it resolved, That the general election shall be held on the first Tuesday in November of the even numbered years, unless the General Assembly shall change the time of holding elections.

     Referred to Committee on Suffrage and Elections.

     Ordinance No. 124, by Mr. Maxwell (Tallapoosa):

     An ordinance to repeal Section 8 of Article XI of the Constitution of Alabama.

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

     That Section 8 of Article XI of the Constitution of Alabama be and the same is hereby repealed.

     Referred to Committee on Taxation.

     Ordinance No. 125, by Mr. Maxwell:

     An ordinance to amend Section 1 of Article VII of the Constitution of Alabama.

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

     That Section 1 of Article VII be amended so as to include the Commissioner of Agriculture.

     Referred to Committee on Impeachments.


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     Ordinance No. 126, by Mr. Maxwell:

     To create the office of Lieutenant-Governor of Alabama and to define the qualifications and duties of such officer.

     Be it ordained by the people of Alabama in Convention assembled, that the office of Lieutenant Governor is hereby created.

     Section 1. The Lieutenant Governor shall be at least 30 years of age when elected, and shall have been a citizen of the United States ten years, and a resident of this State at least seven years next before the day of his election.

     Sec. 2. The Lieutenant Governor shall be President of the Senate; and in case of the impeachment of the Governor, his removal from office, death, resignation, or refusal to qualify, absence from State or other disability, the Lieutenant Governor shall exercise all the power and authority appertaining to the office of Governor until the time appointed for the election of Governor shall arrive, or until the Governor who is absent or impeached, shall return or be acquitted, or other disability be removed.

     Sec. 3. The Lieutenant Governor shall, during the time he administers the government receive the same compensation which the Governor would have received if he had been employed in the duties of his office; provided, that if the General Assembly be in session during such absence he shall receive no compensation as President of the Senate while acting as Governor.

     Sec. 4. The pay of the Lieutenant-Governor shall be $---- per day, and ten cents per mile in going to and returning from the seat of government, to be computed by the nearest usual route traveled while engaged in discharging his duties as President of the Senate.

     Referred to Committee on Executive Department.

     Ordinance No. 127, by Mr. Maxwell:

     To amend Section 8 of Article IV of the Constitution of Alabama.

     Be it ordained by the people of Alabama in Convention assembled, that Section 8 of Article IV of the Constitution of Alabama be so amended as to read as follows:

     The House of Representatives, at the beginning of each regular session, and at such other times as may be necessary shall elect one of its members as Speaker, who shall hold his office until his successor is elected and qualified.

     Referred to Committee on Legislative Department.

     Ordinance No. 128, by Mr. Merrill:

     To declare the status of married women.


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     Be it ordained by the people of Alabama in Convention assembled: The legislature shall never create by law any distinction between the rights of men and women, to acquire, own, enjoy and dispose of property of all kind or the power to contract in reference thereto. Married women are hereby fully emancipated from all disability on account of coverture. But this shall not prevent the legislature from regulating contracts between husband and wife; nor shall the legislature be prevented from regulating the mortgaging or sale of homesteads.

     Referred to Judiciary Committee.

     Ordinance No. 129, by Mr. Miller (Wilcox):

     To amend Section 8 of Article IV of the Constitution.

     Election of President of the Senate and Speaker of the House, to amend Section 8 of Article IV of the Constitution.

     Be it ordained by the people of Alabama in Convention assembled, that Section 8 of Article IV of the Constitution be amended so as to read as follows:

     The Senate, at the beginning of each regular session and at such other times as may be necessary shall elect one of its members President thereof; and the House of Representatives at the beginning of each regular session, "and at such other time as may be necessary," shall elect one of its members as Speaker; and the President of the Senate and the Speaker of the House of Representatives shall hold their offices respectively until their successors are elected and qualified. Each House shall choose its own officers and shall judge of the election returns and qualifications of its members.

     Note.--The words in quotations constitute the new matter of the amendment and is put in to meet objections raised to present revenue bill because of the election of Speaker near close of the session.

     Referred to the Committee on Legislative Department.

     Mr. Moody yielded his turn to Mr. Ashcraft.

     Ordinance No. 130, by Mr. Ashcraft:

     To alter and amend Article XIII of the present Constitution relating to education.

     Be it ordained by the people of the State of Alabama, in convention assembled, That Article XIII of the present Constitution of Alabama, relating to education, be amended so as to read as follows:

     1. The General Assembly shall establish, organize and maintain a liberal system of public schools throughout the State for the equal benefit of the children thereof between the ages of seven and twenty-one years;


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and such public schools shall be maintained for a period of not less than four scholastic months in each year.

     2. Separate schools shall be provided for white and colored children, and it shall by the duty of the County Superintendent of Education in each county, by and with the advice and consent of the Court of County Commissioners, or body of like jurisdiction, to organize the white people of the county into white school districts, and the colored people of the county into colored school districts, according to their respective needs and advantages and without reference to each other as to territorial boundaries.

     3. A trustee, or trustees, or Board of Education, as may be provided by law, shall be selected for white school districts from the white residents of such district and, for the colored school districts from the colored residents of such district; provided, no incorporated town or city maintaining a system of public schools as provided by law, shall be separated into districts without the consent of the Mayor and Board of Aldermen of such town or city.

     4. For the purpose of building, enlarging, improving or furnishing school houses in any district, or for the purpose of supplementing the general school funds received from Federal, State, county, municipal and other sources, the Court of County Commissioners, or body of like jurisdiction, shall levy a special assessment of not more than one-half of one per centum upon the property of white persons situated in the district, if it be for the benefit of a white school district, or upon the property of colored persons situated in the district, if it be for the benefit of a colored school district; provided, no such levy shall be made unless the same be sanctioned by a majority of the votes cast at an election held for that purpose. At such election in a white school district, only qualified white voters shall be permitted to vote, and, in a colored school district only qualified colored electors shall be permitted to vote. It shall be the duty of the Probate judge to order such election upon the petition of not less than one-fifth of the voters who will be entitled to vote at such election. The order for such election shall state the purposes for which it is proposed to make the assessment, the rate of the proposed assessment and the number of years during which such assessment is proposed to be made. Notice of such election shall be given and the election held in such manner as may be provided by law.

     5. Every corporation owning property in this State shall, after the first day of October, and before the thirty-first day of December of each year, file with the Probate Judge in each county where it owns property, a complete list of its stockholders, showing the amount of stock held by each of them, and which of them are white and which are colored. When any property belonging to a corporation is situated in a white school district where a special assessment is to be made as herein provided, such assessment shall be levied upon such proportion of the value of such property as the amount of capital stock owned by white persons bears to the whole amount of capital stock. When such property is situated in a colored school district where such assessment is to be made, it shall be levied upon such proportion of the value thereof as the capital stock owned by colored persons bears to the whole capital stock, If such corporation fails to file such list of its stock


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holders, then the special assessments for the purposes herein provided may be made upon the whole value of such property for either or both white and colored districts.

     6. The General Assembly shall provide for the levying and collection of an annual poll tax, not to exceed one dollar and fifty cents on each poll, which shall be applied to the support of the public schools in the school district in which it is levied and collected.

     7. The principal of all funds arising from the sale or other disposition 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 educational purposes, shall be preserved inviolate and undiminished; and the income therefrom shall be faithfully applied to the specific objects of the original grants or appropriations.

     8. All lands or other property given by individuals, or appropriated by the State for educational purposes, and all estates of deceased persons who die withoue a will or heir, shall be faithfully applied to the maintenance of the public schools.

     9. The income arising from the sixteenth section trust fund and the surplus revenue fund until it is called for by the United States Government, with such other moneys, to be not less than three hundred thousand dollars per annum, as the General Assembly may provide by taxation or otherwise, 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 school fund, as the condition of the treasury and the resources of the State will admit.

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

     11. The supervision of the public schools shall be vested in a State Superintendent and County Superintendent of Education, whose powers, duties, terms of office and compensation shall be fixed by law; and they shall be elected by the qualified voters of the State in such manner and at such times as shall be provided by law. No person shall be eligible to the office of State or County Superintendent of Education unless he possess the qualifications required by law of teachers holding first grade certificates in this State.

     Referred to Committee on Education.

     Ordinance No. 131, by Mr. Murphree:

     Relates to duelling, concealed pistols and other deadly weapons.

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


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     Section 47, Article IV of the Constitution of Alabama, be and is hereby amended so as to read as follows:

     The General Assembly shall pass such penal laws as they may deem expedient to suppress the evil practice of dueling and carrying pistols and other deadly weapons concealed.

     Ordinance No. 132, by Mr. Murphree:

     On granting free passes by railroad companies.

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

     Section 23, Article XIV, of the Constitution of Alabama, he amended so as to read as follows:

     No railroad or other transportation company 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 General Assembly, or to any person holding office under this State or the United States. And any railroad official violating this section shall he deemed guilty of a misdemeanor and on conviction shall be fined $500 and confined in jail twenty days, and any of the officials named above who shall receive or use a free pass during his term of office shall forfeit his said office, and on conviction, shall be fined not exceeding $500 and not less than $1 and imprisoned in county jail not less than twenty days.

     Referred to the Committee on Corporations.

     Ordinance No. 133, by Mr. Murphree:

     An ordinance for the regulation of railroad freights and passenger tariffs.

     Be it ordained by the people of Alabama in convention assembled, That there shall be added to Article XIV of the Constitution of Alabama, the following sections:

     Sec. 26. The power and authority of regulating railroad freight and passenger tariffs, and the location and building of passenger and freight depots, preventing unjust discriminations, and requiring reasonable and just rates of freight and passenger tariffs, are hereby conferred upon the General Assembly, whose duty it shall be to pass laws, from time to time, to regulate freight and passenger tariffs, to prohibit unjust discriminations on the various railroads of this State, and prohibit said roads from charging other than just and reasonable rates, and enforce the same by adequate penalties.

     Sec 27. The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, nor alter or amend the same, nor pass any other general or special law for the benefit of said corporation except upon the condition that such corporation


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shall thereafter hold its charter subject to the provisions of this constitution; and every amendment of any character of any corporation in this State, or any special law for its benefit, accepted hereby, shall operate as a novation of said charter, and shall bring the same under the provisions of this constitution; Provided, that this section shall not extend to any amendment for the purpose of allowing any existing road to take stock in or aid in the building of any branch road.

     Sec. 28. The General Assembly of this State shall have no power to authorize any corporation to buy shares, or stock, in any corporation in this State, or elsewhere, or to make any contract, or agreement whatever, with any such corporation, which may have the effect, or be intended to have the effect, to defeat or lessen competition in their respective businesses, or to encourage monopoly; and all such contracts and agreements shall be illegal and void.

     Sec. 29. No railroad company shall give or pay, any rebate, or 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 or passage; and any such payments shall be illegal and void, and these prohibitions shall be enforced by suitable penalties.

     Sec. 30. The General Assembly shall enforce the provisions of this article by appropriate legislation.

     Sec. 31. Be it further ordained, That a Railroad Commission is hereby created, consisting of three male citizens of the State over the age of 25 years, whose duty it shall be to carry out the provisions of the Constitution, and laws relative to railroads and canals in this State. The term of office of said Commission shall be the same as that of the Governor and other State officers, unless otherwise fixed by the General Assembly. The salary of the Commissioners shall be fixed by law.

     Sec. 32. The said Commissioners shall take an oath of office, to be framed by the Governor, and shall not jointly or severally, or in any way, be holders or owners of any railroad stock or bonds, or be the agent or employee of any railroad company or have any interest in any way in any railroad, during their term of office, and in case any Commissioner becomes disqualified in any way, he shall at once remove the disqualifications or resin, and on failure to do so, must be suspended by the Governor, who shall fill said vacancy by appointment, as well as all other vacancies that may occur from time to time, in said board.

     Referred to the Committee on Corporations.

     Ordinance No. 134, by same:


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

     Section 5, Article V, of the Constitution of Alabama be and is hereby amended so as to read as follows:

     The Governor, Secretary of State, State Treasurer, State Auditor, Attorney General and three Railroad Commissioners, shall be elected at the first general election after the ratification of this Constitution and shall hold their respective offices for the term of four years from the time of their installation and until their successors shall be elected and qualified, and they shall not succeed themselves or be eligible to any other State office for four years after the expiration of the term for which they were elected; provided, however, that the term of office of the Railroad Commissioners may be changed by an act of the General Assembly.

     Referred to Committee on Executive Department.

     Ordinance No. 135, by Mr. NeSmith:

     An ordinance to amend Article IV of the Constitution by adding thereto, the following:

     Section The courts shall not enforce a legislative act unless there be record evidence, from the journals of the two Houses, that ever material requirement of the Constitution has been complied with; and in the absence of such record evidence the presumption of proper discharge by the legislature of its official duty shall not be indulged.

     Referred to Committee on Legislative Department.

     Ordinance No. 136, by Mr. Oates:

     An Ordinance to amend Article II of the Constitution of the State by adding thereto another section as follows, to wit:

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

     Sec. 3. No county site shall be changed or removed except by a two-thirds vote of the qualified electors of the County, voting at an election held for that purpose.

     Referred to Committee on State and County Boundaries.

     Ordinance No. 137, by Mr. Oates:

     An ordinance to amend Article IV, Sections 1 and 2 of the Constitution.

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

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


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     1. The legislative power of the State shall be "Be it enacted by the legislature of Alabama" which shall not be repeated, but the act shall be divided into Sections for convenience, according to substance and designated merely by figures.

     Referred to Committee on Legislative Department.

     Ordinance No. 138, by Mr. Oates:

     An ordinance to preserve the purity of the ballot and to prevent and punish frauds in elections.

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

     Section 1. Any person who shall give, or promise or offer to give, to any elector, any money, reward or any other valuable consideration for his vote at any election, or for withholding the same, or who shall give or promise to give such consideration to any person or party for such elector's vote, or for withholding thereof, and any elector who shall receive, for himself or for another, any money, reward or any other valuable consideration for his vote, at an election, or for withholding the same shall thereby forfeit the right to vote at any election during the next ten years, and any elector whose right to vote shall be challenged for such case before the election officers shall be required to swear or affirm that the matter of the challenge is untrue before his vote shall 'be received; and anyone who swears falsely in regard thereto shall be guilty of perjury.

     Sec. 2. Any person who shall, while a candidate for office, be guilty of bribery, fraud or willful violation of any election law, shall be forever disqualified from holding an office of trust or profit in this State; and any person convicted of willful violation of the election laws, shall, in addition to any penalties provided by law, be deprived of the right of suffrage absolutely for a term of ten years. And the evidence given by anyone used as a witness against any one for violating any of the provisions of this or the preceding section shall not be used against such witness and any person found guilty of a wilful violation of the provisions of this or the preceding section shall be deemed guilty of felony.

     Referred to Committee on Suffrage and Election.

     Ordinance No. 139, by Mr. Oates:

     An Ordinance:

     Be it ordained by the people of Alabama in Convention assembled, That at the expiration of the term of office of the five chancellors now in office, there shall no longer be a separate Chancery Court in this State, and thereupon it shall be the duty of the General Assembly to provide by law for the judges of the Circuit Courts to have and exercise equity jurisdiction in all cases as


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fully and completely as the said chancellors are now empowered to do; Provided, that the same general forms of pleadings in equity cases as are now provided for by law shall prevail and an equity docket of such causes be kept in said law courts and that the transfer to said law courts of all unfinished business be provided for by law.

     Referred to Judiciary Committee.

     Ordinance No. 140, by Mr. Oates:

     An ordinance to authorize the governor to appoint, with the advice and consent of the Senate, the Attorney-General.

     Be it ordained by the people of Alabama in Convention assembled, That the Governor, at the beginning of his term of office, shall, with the advice and consent of the Senate, appoint an Attorney General for the State, whose term of office shall be for, the same length of time as that of the Governor, and who may be removed for cause at the instance of the Governor, by and with the advice and consent of the Senate; and in the event of the resignation, death or removal of the Attorney-General, the Governor shall, in like manner, appoint his successor for the unexpired term of such office.

     Referred to the Committee on Executive Department.

     Ordinance No. 141, by Mr. Oates (Montgomery):

     An ordinance proposing certain prohibitions and restrictions upon the powers of the Legislature.

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

     Section 1. The Legislature shall not enact any law for one or more counties, not applicable to all of the counties in the State, increasing the uniform charge for the registration of deeds, or regulating cost and charges and fees of officers.

     Sec. 2. The Legislature shall not authorize payment to any person of the salary of a deceased officer beyond the date of his death.

     Sec. 3. The Legislature shall not retire any officer on pay, or part pay, or make any grant to such retiring officer.

     Sec. 4. The Legislature shall never create by law any distinction between the rights of men and women to acquire, own, enjoy and dispose of property of all kinds, or their power to contract in reference thereto. Married women are hereby fully emancipated from all disabilities on account of coverture. But they shall not prevent the Legislature from regulating contracts between husband and wife, or preventing her from becoming his surety; nor shall the Legislature be prevented from regulating the sale


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of homesteads, though the same shall not be mortgaged. Land belonging to, or under the control of the State shall never be donated directly, or indirectly, to private corporations or individuals or to railroad companies. Nor shall such land be sold to corporations or associations for a lcss price than that for which it is subject for sale to individuals. This, however, shall not prevent the Legislature from granting right-of-way, not exceeding one hundred feet in width, as a mere easement, to railroads to cross State land, and the Legislature shall never dispose of land covered by said right-of-way so long as such easement exists.

     Sec. 5. The Legislature shall never grant extra compensation, fee, or allowance, to any public officer, agent, servant or contractor, after service rendered, or contract made; nor authorize payment, or part payment, of any claim under any contract, not authorized by law; but appropriations may be made for expenditures in repelling invasions, preventing or suppressing insurrections. The Legislature shall have no power to devise any remedy which may have become barred by lapse of time, or by any statute of limitation of his State.

     Sec. 6. No lottery shall ever be allowed, or be advertised, by newspapers or otherwise, or its tickets be sold in this State; and the Legislature shall provide by law for the enforcement of this provision; nor shall any lottery heretofore authorized be permitted to be drawn or its ticket sold. The Legislature shall not elect any other than its own officers, and United States Senators; but this section shall not prohibit the Legislature from appointing Presidential Electors.

     Sec. 7. No obligation or liability of any person, association, or corporation held or owned by this State, or levee board, or any county, city, or town thereof, shall ever be remitted, released or postponed, or in any way diminished by the Legislature, nor shall any liability or obligation be extinguished except by payment thereof into the proper treasury; nor shall such liability, or obligation be exchanged or transferred except upon payment of its face value; but this shall not be construed to prevent the Legislature from providing by general law for the compromise of doubtful claims.

      Referred to the Legislative Department Committee.

     Ordinance No. 142, by Mr. Oates:

     Be it ordained by the people of Alabama in convention assembled, That the following restrictions and limitations upon the powers of legislation, to wit:

     Section 1. No special or local law shall be enacted for the benefit of individuals or corporations, in cases which are, or can be provided by a general law, or where the relief sought can be given by any court of this State; nor shall the operation of any


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general law be suspended by the legislature for the benefit of any individual or private corporation or association, and in all cases where a general law can be made applicable, and would be advantageous, no special law shall be enacted.

     Sec. 2. The legislature shall pass general laws, under which local and private interests shall be provided for and protected, and under which cities and towns may be chartered and their charters amended, and under which corporations may be created, organized, and their acts of incorporation altered; and all such laws shall be subject to repeal or amendment.

     Sec. 3. There shall be appointed in each house of the legislature a standing Committee on Local and Private Legislation; the House Committee to consist of seven representatives, and the Senate Committee of five Senators. No local or private bill shall be passed by either house until it shall have been referred to said committee thereof, and shall have been reported back with recommendation in writing that it do pass, stating affirmatively the reasons therefor, and why the end to be accomplished should not be reached by a general law, or by proceeding in court, or if the recommendation of the committee be that the bill do not pass, then it shall not pass the House to which it is so reported unless it be voted for by a majority of all the members elected thereto. If a bill is passed in conformity to the requirements hereof, other than such as are prohibited in the next section, the courts shall not, because of its local, special or private nature refuse to enforce it.

     Sec. 4. The legislature shall not pass local, private or special laws in any of the following enumerated cases, but such matters shall be provided for only by general laws, viz:

     (a) Granting divorces.

     (b) Changing the names of persons, places or corporations.

     (c) Providing for changes of venue in civil and criminal cases.

     (d) Regulating the rate of interest on money.

     (e) Concerning the settlement or administration of any estate, or the sale or mortgage of any property, of any infant, or of a person of unsound mind, or of any deceased person.

     (f) The removal of the disability of infancy.

     (g) Granting to any person, corporation, or association, the right to have any ferry, bridge, road or fish-trap.

     (h) Exemption of property from taxation, or from levy or sale.

     (i) Providing for the adoption or legitimation of children.


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     ( j ) Changing the law of descent and distribution.

     (k) Exempting any person from jury, road, or other civil duty (and no person shall be exempted therefrom by force of any local or private law.)

     (l) Laying out, opening, altering and working roads and highways.

     (m) Vacating any road or highway, town plat, street, alley or public grounds.

     (n) Selecting, drawing, summoning or empaneling grand or petit juries.

     (o) Creating, increasing, or decreasing the fees, salary or emoluments of any public officer.

     (p) Providing for the management or support of any private or common school, incorporating the same, or granting such school any privileges.

     (q) Relating to stock laws, water courses and fences.

     (r) Conferring the power to exercise the right of eminent domain or granting to any person, corporation or association the right to lay down railroad tracks, or street car tracks, in any other manner than that prescribed by general law.

     (s) Regulating the practice in courts of justices.

     (t) Providing for the creation of districts for the election of justices of the peace and constables.

     (u) Granting any lands under control of the State to any person or corporation.

     Referred to Committee on Legislative Department.

     Ordinance No. 143, by Mr. O'Neal:

     Prohibiting the grant by any county, city, town or other municipality of any franchise or privilege; or the making of any contract in reference thereto, for a term exceeding twenty years, and requiring such grants to be made at public auction to the highest bidder.

     Be it ordained by the people of the State of Alabama, in convention assembled, That the following provisions shall constitute Section ------- of Article XIV of the Constitution of this State:

     No county, city, town or other municipality shall be authorized or permitted to grant any franchise or privilege, or make any contract in reference thereto, for a term exceeding twenty years. Before granting such franchise or privilege for a term of years, such county, city, town or other municipality shall first, after due advertisement; receive bids therefor publicly, and award the same


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to the highest bidder: but it shall have the right to reject any or all bids. This section shall not apply to a trunk railway.

     Referred to Committee on Municipal Corporation.

     Ordinance 144, by Mr. O'Neal (Lauderdale):

     To amend Section 5 of Article XI of the Constitution of Alabama.

     Be it ordained by the people of the State of Alabama, in convention assembled, That Section 5 of Article XI of the Constitution of Alabama be amended so as to read as follows:

     Article XI--Section 5. No county in the State shall be authorized to levy a larger rate of taxation, in any one year, on the value of the taxable property therein than one-half of one per centum; provided, that to pay debts existing on the 6th day of December, 1875, an additional rate of one-fourth of one per centum may be levied and collected, which shall be exclusively appropriated to the payment of such debt or the interest thereon; provided, further, that to pay any debt or liability now existing against any county incurred for the erection of the necessary public buildings or other ordinary county purposes, or that may hereafter be created for the erection of the necessary public buildings or bridges or the establishment or improvement of public roads, any county may levy and collect such special taxes as may have been or may hereafter be authorized by law, which taxes so levied and collected shall be applied exclusively to the purposes for which the same shall have been levied and collected; provided, further, that no special tax for the establishment or improvement of public roads shall exceed the rate of one-tenth of one percentum on the value of the taxable property therein in any one year or shall be levied and collected until authorized by a majority of the legally qualified voters of the county at an election held for such purpose.

     Referred to Committee on Taxation.

     Ordinance No. 145, by Mr. O'Neal (Lauderdale):

     To amend Section 5 of Article XI of the Constitution of Alabama.

     Be it ordained by the people of Alabama, in convention assembled, That Section 5 of Article XI of the Constitution of Alabama be amended so as to read as follows:

     After the ratification of this Constitution, no new debt shall be created against or incurred by this State or its authority, except to repel invasion or suppress insurrection, and then only by concurrence of two-thirds of the members of each house of the General Assembly, and the vote shall be taken by yeas and nays and entered on the journal; and any act creating or incurring any new debt against this State, except as herein provided for, shall


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be absolutely void; provided, the Governor may be authorized to negotiate temporary loans, never to exceed one hundred thousand dollars, to meet deficiencies in the treasury and until the same is paid, no new loan shall be negotiated; provided, further, that this section shall not be so construed as to prevent the issuance of renewal bonds to refund the existing State indebtedness, but such bonds shall not bear a rate of interest exceeding four per cent per annum, payable semi-annually.

     Referred to Committee on Taxation.

     Resolution No. 17, by Mr. O'Neal (Lauderdale):

     To adopt the present Constitution of the State of Alabama by this Convention, subject to such revision and amendments in any article, section, or part thereof, as this convention may hereafter determine.

     That whereas, The act of the General Assembly of Alabama which provided for the holding of this convention declares that this convention shall continue in session until it shall by careful revisions and amendments of the present constitution, frame and adopt a revised Constitution for this State.

     Therefore, be it resolved, That the present Constitution of the State of Alabama be and the same is hereby adopted by this convention as the Constitution of the State of Alabama, subject only to be revised, amended or altered in any article, section, clause or part thereof.

     Referred to Committee on Rules.

     Ordinance No. 146, by Mr. O'Neill;

     Be it ordained by the people of Alabama in Convention assembled that Article XIII of the Constitution on Education be amended by striking out the whole section 11 and inserting in lieu thereof the following:

     Section 11. No County or city in Alabama will be granted special privileges in collection of State, liquor or other licenses to be used by said County or city for school purposes without first submitting it to the qualified voters of Alabama for ratification or rejection.

     Referred to Committee on Education.

     MR. BROWNE--I have a resolution I desire to offer. I ask unanimous consent that the resolution may be read and I move to suspend the rules and pass the resolution.

     Resolution No. 72 was read as follows:

     Be it resolved that upon the request of the Chairman of any Committee having no clerk, the Chairman of any Committee hav


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ing a clerk may direct the clerk of his Committee to serve such first named Committee, when not engaged with the Committee to which he has been assigned.

     A vote being taken the rules were suspended, and a further vote being taken the resolution was adopted.

     Mr. Palmer yielded his place to Mr. Williams (Marengo.)

     Ordinance No. 147, by Mr. Williams (Marengo):

     An ordinance to regulate the power of corporations to engage in business.

     Be it ordained by the people of Alabama in Convention assembled, that no municipal, public or private corporation or other corporation; that no County or other quasi corporation shall engage in any business unless and except, any and all persons, firms, partnerships, limited partnerships and corporations shall have the right to engage in the same business under the same terms, conditions and limitations, and entitled to the same immunities and privileges.

     Referred to Committee on Corporations.

     Ordinance No. 148, by Mr. Williams (Marengo):

     To forbid the State of Alabama from engaging in certain businesses.

     Be it ordained by the people of the State of Alabama in Convention assembled. That the State of Alabama shall not engage in any business unless any or all persons, firms, partnerships, limited partnerships, and all corporations are also permitted to engage in the same business under the same terms, conditions and limitations and entitled to the same immunities and privileges.

     Referred to Judiciary Committee.

     Ordinance No. 149, by Mr. Williams (Marengo):

     To provide for jury trials in certain cases.

     1. Be it ordained by the Convention, that in civil causes a trial by jury shall be had in such cases, only, as a jury is demanded at such time as may be fixed by the legislature.

     2. Be it further ordained, That in criminal and quasi criminal cases the trial by jury shall remain inviolate.

     3. Be it further ordained, That the entire jury must agree to any verdict.

     Referred to Judiciary Committee.

     Resolution No. 73, by Mr. Williams (Marengo):


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     Be it resolved that when this Convention adjourn on Friday, such adjournment shall be to Monday.

     Referred to Committee on Rules.

     MR. OATES--I would like to inquire of the delegate from Marengo what is the necessity for this. I, being here at home, am not inconvenienced either by working that day or having no session; but if there be necessity to accommodate other gentlemen, I will willingly vote for it, but will not unless there is some good reason.

     MR. WILLIAMS (Marengo)--The resolution was introduced at the request of several delegates who wanted to go home tomorrow. If the wording of the resolution makes it appear that it means every Friday, I did not intend it. I simply intended it for tomorrow and my understanding was that the resolution would go to the Committee on Rules and not be put on its passage now, but the Committee on Rules can report on it tomorrow.

     THE PRESIDENT--If there is no objection the Chair will refer the resolution to the Committee on Rules.

     Ordinance No. 150, by Mr. Parker (Cullman):

     An ordinance to amend Article II. of the Constitution by adding Section 3 thereto.

     Be it ordained by the people of Alabama in Convention assembled, That Article II. of the Constitution be, and the same is hereby amended, by adding the following section thereto:

     Sec. 3. No county site shall be changed or removed, except by a two-thirds vote of the qualified voters of the county, voting at an election held for that purpose.

     Referred to Committee on State and County Boundaries.

     Resolution No. 74 by Mr. Parker (Cullman):

     To provide for a Clerk of the Committee on Local Legislation.

     Resolved, That the Chairman of the Committee on Local Legislation be authorized to employ a Clerk for said Committee, said Clerk to receive the same fees as clerks of other committees of this Convention.

     Referred to the Committee on Rules.

     Ordinance No. 151, by Mr. Pearce (Marion):

     An ordinance to amend Section 4 of Article XI. of the present Constitution.

     Be it ordained by the people of Alabama in Convention assembled, That Section 4 of Article XI. of the present Constitution be amended as follows, by striking out the words "three-fourths


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of 1 per centum" and in lieu thereof insert the words "five-eighths of 1 per centum."

     Referred to Committee on Taxation.

     MR. PETTUS--In offering this ordinance, I would state that my construction of the Federal Constitution is that any State has a right to discriminate against the negro as a race provided the State is willing to incur the penalty provided in the Fourteenth and Fifteenth Amendments.

     Ordinance No. 152, by Mr. Pettus:

     To disfranchise negroes and persons of African descent in Alabama.

     Be it ordained by the people of Alabama in Convention assembled, That no negro, black man, or person of African descent shall be allowed to vote in any Federal, State, county or municipal election in the State of Alabama.

     Referred to the Committee on Suffrage and Election.

     Resolution No. 75, by Mr. Parker (Elmore):

     Whereas, The General Assembly passed an act, approved March 4th, 1901, entitled "An Act to provide for the annexation of West Florida to the State of Alabama," with the consent of the State of Florida and the Congress of the United States, and,

     Whereas, The Governor of Alabama has, in pursuance of said act, appointed as commissioners on the part of Alabama, Hons.Wm. L. Martin, Richard C. Jones and Samuel Blackwell, to confer with a like commission on the part of the State of Florida, which commission is empowered to do and perform all acts necessary and requisite to perfect an agreement for the cession of said territory to the State of Alabama, to be ratified and confirmed by the Legislature of Alabama, and approved by the Governor, Now, therefore, be it

     Resolved, That this Convention hereby ratify and endorse the purposes of said act, and the appointment of said commission.

     Resolved further, That we approve of the annexation of the territory described in said act, to the State of Alabama in the manner set forth therein.

     Resolved further, That we commend the distinguished commission on the part of Alabama to a painstaking and patriotic effort in consummating liberal terms for the cession of said territory and recommend such other action by the Legislature of Alabama, and the Congress of the United States as may be necessary.

     Referred to the Committee on State and County Boundaries.

    Ordinance No. 153, by Mr. Pillans:


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     To amend Article VI of the Constitution of Alabama (relating to the Judicial establishment).

     Section 1. Be it ordained by the people of Alabama in convention assembled, That Section 1 of Article VI of the Constitution be and is amended so as to read as follows:

     The judicial power of the State shall be vested in the Senate sitting as a court of impeachment, a Supreme Court, Circuit Courts, Courts of Probate and such inferior courts as the General Assembly may from time to time establish.

     Sec. 2. Be it further ordained, That the proviso contained in Section 6 of said Article VI be and is repealed and stricken out, and that Sections 7, 8, 21 and 26 thereof be repealed.

     Sec. 3. Be it further ordained, That all other parts of said Article VI which provide for or relate to the establishment of chancery courts or registers in chancery be and the same are stricken out and repeated.

     Sec. 4. Be it further ordained, That Section 4 of said Article VI be amended so as to read as follows: The State shall be divided by the General Assembly into convenient circuits, and no circuit shall contain more than five counties, and for each circuit there shall be chosen a judge, who shall be learned in the law, and who shall for one year next preceding his election and during his continuance in office reside in such circuit.

     Referred to Judiciary Committee.

     Ordinance No. 154 by Mr. Pillans:

     To amend Article V, Section 12 of the Constitution of Alabama. (Relating to pardons.)

     Be it ordained by the people of Alabama in convention assembled, That Section 12 of Article V be amended so as to read as follows:

     The Governor shall have power to remit fines and forfeitures, under such rules and regulations as may be prescribed by law, and after convictions to grant reprieves, commutations or sentences and pardons, but no pardon shall be granted or sentence commuted except upon the recommendation in writing of the secretary of State, Attorney General, and State Treasurer, or any two of them, after full hearing in open session upon due public notice.

     (Adopted from Pennsylvania Constitution.)

     Referred to Committee on Executive Department.

     Resolution No. 76, by Mr. Proctor:


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     Resolved, That the reading each day of the journal of this convention be dispensed with unless the same is demanded by the convention.

     Referred to Committee on Rules.

     Resolution No. 77, by Mr. Proctor:

     Resolved, That the Committee on the Journal shall be entitled to a clerk, to be appointed by the chairman who shall receive the same per diem as clerks of the other committee.

     Resolved further, That said clerk shall, when not engaged with said committee, serve any other committee that may need a clerk, or serve the secretary of this convention when so required by him.

     Referred to Committee on Rules.

     Ordinance No. 155, by Mr. Reese.

     An ordinance to provide for the election of officers discharging the duties of Railroad Commissioners and Convict Inspectors.

     Article --------.

     Section -----. Be it ordained by the people of Alabama in convention assembled, that all officers charged with the duties now discharged by the Railroad Commissioners and Convict Inspectors, by whatever named called, shall hereafter be elected by the people in the same manner as may be provided by law, for the election of Governor, provided that the General Assembly shall have power to change the name and number and duties of said officers.

     Referred to Committee on Corporations.

     Ordinance No. 156, by Mr. Reese.

     An ordinance to be embodied in Article V of the Constitution.

     Be it ordained by the people of Alabama in convention assembled that Article V (Executive Department) be amended by adding the following section.

     Section ----. It shall be the duty of the State Treasurer within ten days after the first day of January and July of each year, to publish a statement under oath, in some newspaper published at the seat of government, showing the condition of the treasury of said day, the balance on hand and in what funds, together with acertificate of the Governor that he has actually verified the count of the funds in the treasury and found the balance stated by the Treasurer actually in the vaults of the treasury or as the truth may be. And it shall be the duty of the Governor at such other times as he may deem proper, to go to the Treasury without giving any notice or warning to the Treasurer or any other person, and verify the cash balance as shown by the books and to publish the


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fact that he has done so, and whether the amount called for by the books be actually in the Treasury and stating whether the Treasurer or any other person had any notice whatever that such verification would be made.

     Referred to Committee on Executive Department.

     Resolution No. 78, by same:

     Resolved. That the Committee on Judiciary Department be and are hereby instructed to investigate and report to this Convention what constitutional provisions are necessary or expedient for the reform in judicial administration by the Justice of the Peace system and whether the same should be abolished or modified.

     Referred to the Judiciary Committee.

     Resolution No. 79, by same:

     Resolved, That the Committee on Judicial Department are hereby instructed to embody in its report a provision fixing the salaries of Justices of the Supreme Court at such sum, (not less than $5,000 per annum) as will enable the State to obtain its best legal talent for this important tribunal.

     Referred to Judiciary Committee.

     Resolution No. 80, by same:

     Resolved. That Rule 27 be and is hereby amended as follows, by adding at the end thereof the following words:

     "Provided, That any vote taken on the last day of the session of this convention may be reconsidered on the same day.

     Referred to Committee on Rules.

     Mr. Reynolds (Chilton), yielded his turn to Mr. Watts.

     Ordinance No. 157, by Mr. Watts:

     Be it ordained that Sections 1 and 2, Article VI be amended as follows:

    Section 1. The judicial power of the State shall be vested in the Senate, sitting as a court of impeachment, an appellate equity court, a supreme court, circuit courts, chancery courts, courts of probate and inferior courts of law and equity, to consist of not more than five members as the General Assembly may from time to time establish, and such persons as may be by law invested with the powers of a judicial nature; provided, that no new inferior court for the State or any sub-division thereof shall be established except by a vote of two-thirds of the members elected to each House a vote to be taken by yeas and nays and spread upon the journals and in all counties where the population, according to


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the census of 1900 is less than thirty?five thousand, the Courts now in existence other than circuit, chancery, probate, municipal and justice courts shall have no existence after the terms of the incumbents respectively, expire.

     Sec. 2. The Supreme Court shall consist of three members. At the general election in 1904, the three judges thereof shall be elected, one for a term of four years, one for a term of eight years, and one for a term of twelve years, and every four years after 1904, one of said judges shall be elected, whose term of office shall be twelve years. Said court, except in cases otherwise provided by this Constitution, shall have appellate jurisdiction only from all inferior courts exercising civil (not equity) or criminal jurisdiction, which appellate jurisdiction shall be co-extensive with the State under such restrictions and regulations not repugnant to this Constitution as may be from time to time prescribed by law, provided that no appeal shall lie to said Supreme Court from any inferior court, except the appellate court, except from a final judgment disposing of the case. Said Supreme Court shall have jurisdiction of all appeals from the appellate equity court where the construction of any provision of this Constitution or any statute is involved.

     The following shall be Section 3 of Article VI:

     Sec. 3. The appellate equity court shall consist of three members. At the general election held in 1904 the three judges thereof shall be elected, one for four years, one for eight years, and one for twelve years, and every four years after 1904, one of said judges shall be elected whose term of office shall be twelve years. Said court, except as otherwise provided in this Constitution, shall have appellate jurisdiction only from all inferior courts having equity jurisdiction, which appellate jurisdiction shall be co-extensive with the State, under such restrictions and regulations, not repugnant to this Constitution as may from time to time be prescribed by law, provided that except in cases where an injunction or other remedial writ has been granted or refused, and in cases where a receiver has been appointed or refused, no appeal shall lie to said appellate court except from the decree ending the case.

     Sec. 4. The Supreme Court and appellate equity court shall be held at the seat of government, but if that shall have become dangerous from any cause, said courts may each adjourn to a different place.

     Referred to Judiciary Committee.

     Ordinance No. 158, by Mr. Watts:

     To amend Sections 12, 13, 15, 25 and 26 of Article V.

     Be it ordained, That Section 12, Article V. shall be amended so as to read as follows:


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     "Sec. 12. The Governor, Secretary of State and Attorney General are hereby constituted a board, and said board or majority thereof, when in session, shall have power, under such rules and regulations as tray be prescribed by law, and after conviction to grant reprieves, commutations of sentence and pardons, excepting cases of treason, and to remit fines and forfeitures, but pardons and cases of murder, arson, burglary, rape, assault with intent to commit rape, perjury, forgery, bribery, larceny and impeachment shall not relieve from civil and political disabilities unless specifically expressed in the pardon afterwards granted. Said board may also grant paroles under such regulations as may be prescribed by law. Upon conviction of treason said board may suspend the execution of the sentence and report the same to the General Assembly at its next regular session, when the General Assembly shall either pardon, commute sentence, direct its execution, or grant further reprieve. Said board shall communicate to the General Assembly at every regular session each case of reprieve, commutation of sentence, and pardon granted and fine and forfeiture remitted with its reasons therefor, stating the name and crime of the convict, the sentence, its date and the date and nature of reprieve, commutation or sentence."

     Add to Section 13, Article V., at the end thereof the following:

     Every bill passed within the past two days before the final adjournment, if approved by the Governor within five days after final adjournment, shall be a law."

     Section 15, Article V. shall be amended so as to read as follows:

     "Sec. 15. If any person elected Governor shall die or resign before he is inaugurated, or for any reason fails to qualify as Governor, the person elected by the Senate as its President after said person so failing or refusing to qualify as Governor was elected, and holding the office of President of the Senate at the time fixed for the inauguration of the Governor shall exercise all the powers and authority of Governor, and be entitled to the honors and emoluments of Governor; in case of the death or resignation as aforesaid of the person elected Governor, until some one, who has been elected Governor as provided by law, shall become entitled to the office of Governor, and in case of the failure or refusal for any reason of the person elected Governor to qualify; and in case of the impeachment of the Governor, his removal from office, death, resignation, absence from the State or other disability or inability, after inauguration, the President of the Senate shall exercise all the power and authority appertaining to the office of Governor and be entitled to the honors and emoluments thereof, until, in the case of removal from office, death, or resignation of the Governor, some one who has been elected Governor, as provided by law, shall become entitled to the office of Governor, and, in case of the impeachment, absence from the State, or other dis


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ability or inability of the Governor until such time as the Governor returns, shall be acquitted, or his disability or inability is removed; and if, during any such vacancy in the office of Governor, the President of the Senate, as aforesaid, shall be impeached, removed from office, refuse to qualify, die, resign, be absent from the State or be under other disability or inability, the Speaker of the House of Representatives shall in like manner administer the government. If the Governor shall be absent from the State for over twenty days, the Secretary of State shall notify the President of the Senate, who shall enter upon and discharge the duties of Governor until the return of the Governor, and if the Governor and President of the Senate shall both be absent from the State for over twenty days, the Secretary of State shall notify the Speaker of the House of Representatives, who shall enter upon and discharge the duties of the Governor or President of the Senate."

     Section 25, Article V. shall be amended by striking out the words, "After the expiration of the term of those now in office."

     Section 26, Article V. shall be amended so as to read as follows:

     "Sec. 26. In 1904, and every, four years thereafter, a sheriff shall be elected in each county by the qualified electors there of, who shall hold his office for the term of four years, unless sooner removed and shall be ineligible to any county office for one year after ceasing to be sheriff. Vacancies in the office of sheriff shall be filled as in other cases and the persons appointed shall fill out the unexpired term."

     Referred to Committee on Executive Department.

     MR. FERGUSON--I desire to correct an error in the stenographic report of the proceedings of yesterday. In reporting a resolution that I had the honor to offer the stenographic report reads "That inability to read and write shall not be a test of good citizenship," whereas the resolution read and still reads "is not a test of bad citizenship."

     THE PRESIDENT--The resolution is correct on the journal.

     Ordinance No. 159, by Mr. Watts:

     To amend Sections 13, 15, 17, 27, 31, 39, 52 and 56, Article IV.

     Be it ordained that Section 13, Article IV, shall read as follows: "Section 13. Each house shall keep a journal showing, all its proceedings, including the vote upon every measure acted upon, said vote to be shown by the names of those voting, and how each voted when a yea and nay vote is required, and including a statement whether or not the required notice had been given in the case of local bills passed. Each house shall cause its journal to be published immediately, after the adjournment of said house, except such parts of said journal as in the judgment of said house


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may require secrecy, and the yeas and nays of members of either house on any question shall, at the desire of one-tenth of the members present, be entered on the journal. Any member of either house shall have liberty to dissent from or protest against any act or resolution. which he may think injurious to the public or an individual, and have his reasons entered on the journal."

     That Section 15, Article IV, shall read as follows: "Section 15. The doors of each house shall be open, except on such occasions as, in the opinion of the house, may require secrecy, but no one except, members, officers, and employees of the Senate and House of Representatives, State officers, and messengers from the Governor shall be permitted on the floor of either house while inm session, except by a majority vote of said house adopted separately for each occasion when any other person shall be so permitted, and lobbying on the floor of either house must be by law prohibited.

     Section 17, Article IV, shall be amended so as to read as follows:

     "Section 17. No Senator or Representative shall, during the term for which he shall have been elected, be appointed to any civil or military office of profit under this State or sub-division thereof, which offices shall have been created, or the emoluments of which shall have been increased, during such term, except such offices as may be filled by election by the people."

     Section 27, Article IV shall be amended so as to read as follows:

     "Section 27. The presiding officer of each house, or in case of his absence or inamility, the person actually presiding, shall, in the presence of the house over which he presides, sign all bills and joint resolutions passed by the General Assembly, after the titles have been publicly read immediately before signing and the fact of signing shall be entered on the journal.

     Section 31, Article IV, shall be amended so as to read as follows:

     "Section 31. All bills for raising or regulating revenue shall originate in the House of Representatives, but the Senate may propose amendments as in other bills and no appropriation or revenue bill shall be passed during the last five days of the session."

     Section 39, Article IV, shall be so amended so as to read as follows:

     "Section 39. No act of the General Assembly changing the seat of government of the State shall become a law until the same shall have been submitted to the qualified electors of the State at a general election and approved by a majority of the qualified voters of the State."


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     Section 52, Article IV, shall be amended by striking out the last clause thereof, commencing "Nor such property, real or personal."

     Section 56, Article IV, shall be amended so as to read as follows:

     "Section 56. There can be no law impairing the obligation of contracts by destroying or impairing the remedy of their enforcement or otherwise, and the General Assembly shall have no power to revise any right or remedy which may have become barred by lapse of time or by any statute of this State."

     Section ----. No motion to reconsider shall be disposed of adversely on the day the original vote was taken, except on the last day of the session.

     Referred to Committee on Legislative Department.

     Ordinance No. 160, by Mr. Robinson:

     An ordinance to amend Section 32 Article IV, of the Constitution of Alabama:

     Be it ordained, that Section 32, Article IV of the Constitution of Alabama be amended by adding at the end of said Section, the following words:

     "And no special appropriation exceeding $500 shall be made, except by a vote of two?thirds of each House.

     Referred to Committee on Legislative Department.

     Ordinance No. 161, by same:

     An Ordinance to amend Section 6, Article XIII of the Constitution of Alabama.

     Be it ordained that Section 6, Article XIII of the Constitution of Alabama. be amended so as to read as follows:

     6. All money raised, or which may hereafter be appropriated, for support of the public schools, shall be used and expended for the payment of teachers employed in such schools, except for the compensation of the school officers in the County. And no incidental or other fee shall be required of any child before entrance into such public schools in excess of 50 cents for each child in any one scholastic year.

     Referred to Committee on Education.

     MR. ROGERS (Sumter)--I have a resolution. I ask unanimous consent to its reading and I move that the rules be suspended and that it be put on its passage immediately.

     The resolution was read as follows:


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     Resolved, that it is the sense of this Convention, that any further reference by "resolution" to the ante-election pledges of the Democratic platform," is not only unnecessary but is bad taste. The people of Alabama expect as a matter of course, that the Democratic party will now, as heretofore, keep its promises to them.

     A vote being taken the rules were suspended.

     MR. VAUGHAN--All resolutions similar to that are out on reference to committees and can they be considered now?

     THE PRESIDENT--They can be offered as amendments to this.

     MR. REESE--I move that the resolution be referred to the Committee on Rules.

     MR. deGRAFFENREID -- The gentleman is out of order. The rules are suspended and the resolution is before the House for adoption or objection.

     MR. REESE--Under the rules of the House, a motion to commit can be made at any time.

     THE PRESIDENT--The Chair is of the opinion that notwithstanding the rules have been suspended and the resolution is before the House for consideration, nevertheless a motion to refer to a proper Committee would be in order.

     MR. ROGERS (Sumter)--I move to lay the motion to refer on the table.

     A vote being taken the motion to refer was tabled.

     MR. REESE--I move that the consideration of this matter be indefinitely postponed.

     MR. ROGERS (Sumter)--And I move to lay that motion on the table.

     MR. REESE--And on that I demand the ayes and noes.

     THE PRESIDENT- Is the call for the ayes and noes sustained.

     No second for the motion being forthcoming the President declared the call not sustained and a vote being taken on the motion to table the motion to indefinitely postpone the same was carried.

     THE PRESIDENT--The question is on the adoption of the resolution of the gentleman from Sumter.

     MR. O'NEAL--I move to amend the last clause by striking out the word "do" and inserting the word "will."


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     MR. ROGERS (Sumter)--I accept the amendment.

     MR. REESE--I object to the amendment and make the point of order that the question is before the House, is the property of the House, and cannot be amended without the consent of the House.

     THE PRESIDENT--In the opinion of the Chair, the point of order is not well taken.

     MR. VAUGHAN--I would like to hear the resolution read as amended.

     This was done.

     THE PRESIDENT--And the question is on the adoption of the resolution as amended.

     MR. CUNNINGHAM--I think with a slight amendment that resolution will meet the unanimous support of the Convention.

     MR. deGRAFFENREID--It has already.

     MR. CUNNINGHAM--The resolution should be that hereafter no resolution naming the Democratic platform should be introduced.

     There were cries of dissent.

     MR. CUNNINGHAM--I am inclined to think that resolutions having reference to the work of the Convention on certain lines of policy should be adopted but I think it would be improper in such resolutions for the reasons stated by the author of this resolution that the Democratic platform should be specifically mentioned. Now, for instance, take the question of taxation. That could be passed on by a resolution without alluding to the Democratic platform. Take the question of suffrage. That could be passed on by a resolution without alluding to the Democratic platform and so could the question of State Capitol. Now it strikes me that to constantly have this Convention reminded that the Democratic platform is in a measure to doubt our sincerity and I agree fully with the author of the resolution and evidently a majority of the Convention that we should not be so constantly reminded of these partisan pledges. We are bound by them individually and collectively, and I move to amend the resolution by inserting at the proper place that the platform shall not be allude to by name, my purpose being that any resolution hereafter introduced in reference to the pledge of the Democratic party should not be out of order. I am ready now to vote on the tax rate and on many other questions, and I don't believe we should be deprived of cutting off debate on the line that we are all necessarily compelled to follow.

     Mr. Rogers (Sumter) was here recognized, but yielded to Mr. Oates.


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     MR. OATES--I rise for the purpose of inquiring of the delegate from Jefferson whether his amendment is necessary.

     THE PRESIDENT--The gentleman from Montgomery desires to ask the delegate from Jefferson a question.

     MR. CUNNINGHAM--Certainly.

     MR. OATES--Is your amendment necessary? What you suggest would be an order without the amendment.

     MR. CUNNINGHAM--Would a resolution setting forth the pledges be in order?

     MR. OATES--Yes.

     MR. CUNNINGHAM--Then I withdraw my amendment.

     Mr. Reese, standing in the center aisle, here obtained recognition from the chair.

     MR. HOWELL--I rise to a point of order. The rules say any member addressing the chair shall rise from his seat.

     THE PRESIDENT--In the opinion of the chair, the point is well taken.

     Mr. Reese hurried to his seat and there obtained recognition.

     MR. REESE--It is not my purpose to be obstructive in this matter.

     MR. ROGERS (Sumter)--I rise to a question of privilege. I suppose that the chair recognized me and I was on the floor previous to the gentleman from Dallas.

     THE PRESIDENT--The amendment was withdrawn and the chair did not understand that the gentleman from Sumter held the floor. The chair will recognize the gentleman immediately upon the conclusion of the remarks of the gentleman from Dallas.

     MR. REESE--It is not my purpose to antagonize or obstruct this convention, and this is not a partisan body. It is a convention of the people of Alabama and Democrats, Republicans and Populists ought not to figure; but it is the pledges that we should bear in mind, and I am not in a position to follow the gentleman who would suggest methods by which they would furnish facility to the convention to forget those pledges they have made to the people I have no reference to the pledges that the Democratic party has made to the people, but it is the pledges of the delegates themselves, whether they are Democrats or not, those that have come in here under the auspices of that party have accepted the pledges. There is no necessity for constant reference to the fact that the Democratic party controls the convention, but in my opinion, it is a very useless lesson to let these gentlemen bear constantly in mind that they are under pledges to the people of Alabama.


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I have seen instances in the ordinances that have been introduced in the body that some of them are forgetful of the promises they have made in regard to taxation. Let us not forget those. There have been insidious methods introduced into this body under which the powers of taxation will be indirectly enlarged, and I, for one, want to go on record as not trying to put those pledges behind us where we can forget them. Mr. President, they ought to be stereotyped on this wall and this convention cannot be too frequently reminded of the fact that before they came here and when they were seeking this great trust?this great political power from the people of Alabama--that these pledges were constantly in their minds, and on their lips, and let us not put them behind us; let us not do a thing here today that will lead the people to believe that we are becoming oblivious to those promises. I think it is unwise to adopt this resolution. I think the decency and the intelligence of this body and the general sentiment of these delegates will restrain the members, and I, for one, believe the passage of the resolution is unnecessary. It can never be wrong to refer to pledges that the great old party that sent us here has made to the people, and I, for one, am not ashamed to hear delegates here refer to it.

     MR. ROGERS (Sumter)--There is an old trite saying that the proof of the pudding is in chewing the rag. The people of Alabama have chewed the rag of the Democratic party for forty or fifty years and have found it good. The people of the State of Alabama rely, and expect, without question, that the Democratic party shall carry out its pledges, and it seems to me a reflection upon a body of men the like of which has not assembled upon this floor since 1875, to continue to remind them by resolutions of pledges made and thereby raise a doubt in the minds of the people of the State of Alabama that we have come here to do something which we promised not to do. Therefore, I now move the previous question upon this resolution.

     MR. HEFLIN (Chambers)--I hope the gentleman will withdraw that motion for a moment.

     MR. ROGERS (Sumter)--I decline to withdraw.

     A vote being taken, the previous question was ordered, and a further vote being taken, the resolution was carried.

     MR. OATES--I desire to offer a resolution and have it referred to the Committee on Rules.

     MR. HEFLIN (Chambers)--I rise to a question of order. The gentleman from Sumter has his hat on. He has taken it off now.

     MR. ROGERS (Sumter)--I had no intentions to be disrespectful, but I was intending to leave the hall.


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     The resolution, No. 82, offered by Mr. Oates, was read as follows:

     Resolved, That the present Constitution shall be the basis for action by this convention, and all of its provisions which are not abrogated by repeal nor amended shall be and remain parts of the new Constitution.

     Referred to Committee on Rules.

     MR. OATES--Just one word in explanation. A good many of the gentlemen here in offering propositions are repeating parts of the constitution that are now in existence and are not proposed to be changed; that work can be saved and that is the object of this resolution.

     THE PRESIDENT--The same resolution was offered this morning and was referred to the Committee on Order, Consistency and Harmony of the whole Constitution.

     MR. OATES--That escaped my attention. I ask a reference of this to the Committee on Rules so that we can have a rule by which to be governed and thereby have the work to which I have referred.

     THE PRESIDENT--That would place the same resolution before two different committees.

     MR. OATES--The committee to which the first was referred does not act until after a great part of the labor of the convention is performed and I offer this with a view of facilitating the proceedings so as not to propose to re-enact parts of the constitution with which all are satisfied.

     THE PRESIDENT--At the suggestion of the gentleman, the chair will refer this resolution to the Committee on Rules and will also refer the resolution introduced by the gentleman from Lauderdale to that same Committee.

     Ordinance No. 162 by Mr. Samford:

     To provide for the distribution of school funds.

     Be it ordained, That Section 5, Article VII of the constitution be amended so as to read as follows:

     "The income arising from the Sixteenth Section trust fund, the surplus revenue fund until it is called for by the United States Government, and the funds enumerated in Sections 3 and 4 of this article, with such other moneys to be not less than $500,000 per annum, as the General Assembly shall provide by taxation, or otherwise, shall be applied to the support and maintenance of the public schools and such funds as herein enumerated shall be divided between the different school townships throughout the State in proportion to the number of school children within the school


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age, which funds shall be used by the township trustees for the exclusive benefit of the public education in their township, so that the number of school days allowed to the white race and to the colored race shall be equal, but in no event shall the township trustees establish more than two schools in such township for each race; and to the end that this section may be given full force, all school districts heretofore created be and the same are hereby abolished, and the General Assembly of this State is prohibited from hereafter establishing separate school districts, with powers or privileges in conflict with this section.

     Referred to Committee on Education.

     MR. ALMON--I rise to a point of order. The adjourning time has arrived.

     THE PRESIDENT--It lacks a half a minute to the adjourning time and the Chair desires to make some announcements before adjourning.

     The announcements were made and the Convention then adjourned.