EIGHTIETH DAY

_______

MONTGOMERY, ALA.,

Saturday, August 31, 1901.

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

"O Lord, our Lord how excellent is Thy name in all the earth, who hath set Thy glory above the Heavens. We would come before Thee this morning acknowledging our unworthiness of Thee


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and Thy blessings, and yet praying that Thou wouldst this day bless us according to our needs. We feel this morning that we are dependent upon Thee for the life that we have, and for the strength that we have, and we come before Thee praying that Thou wouldst help us, that we may put our trust in Thee. Bless this day's deliberations, and may the Constitution here made be such as will elevate the morals of our State, and improve it in every respect. Bless each and every member of this Convention; bless their homes and their families, and keep us by Thy power. Forgive our sins, and at last in Heaven save us, we ask for Christ sake. Amen."

Upon a call of the roll 91 delegates responded to their names.

The report of the Committee on journal was read, stating that the journal for the seventy-ninth day had been examined and found correct, and the same was adopted.

MR. SMITH (Mobile)‑I desire to submit a report of the Rules Committee on one question. Others will be submitted later.

The report was read as follows:

Substitute by Rules Committee for resolution 322 by Mr. Long of Walker.

Resolved, that the Committee on Order, Harmony and Consistency of the Whole Constitution be and it is hereby instructed to prepare and report to the Convention an ordinance extending the terms of office of the present Sheriffs for two additional years, and making their successors elective in 1906 for terms of four years; and that the committee make such further report as may be necessary to harmonize the Constitution with the ordinance so to be reported by it.

MR. deGRAFFENREID‑ I have a minority report.

The minority report was read as follows:

MINORITY REPORT

The undersigned member of the Committee on Rules begs leave to say that he is not able to concur in the report of the majority of the Committee on Rules in recommending the extension of the terms of the present Sheriffs for two years.  It has been at least forty days since this Convention determined to establish quadrennial elections in this State, but not until this Convention, on day before yesterday, refused to allow Sheriffs to succeed themselves, was it proposed that this Convention should extend the term of the present Sheriffs for any period whatever.

To now do so might not be improperly construed as an effort to placate officers, whose demands upon us have not been met. While it may be thought by some that the Constitution to be adopted by


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this Convention will be popularized and its ratification assured if the Sheriff who is the returning officer of elections in each county is directly interested in the election held for that purpose, the inexpediency and impropriety of the measure proposed, it seems to me, are beyond question.

While this Convention has lengthened the terms of the Senators whose terms expire in 1904 for two years, such Senators will draw no salaries and will perform no duties unless the Legislature is convened in extraordinary session. The Sheriffs, on the other hand, are officers of influence and power, with active duties to perform and to their offices, in a large number of cases, are attached handsome perquisites. Unless the Legislature should, at its next session, in like manner, extend the terms of; the present Tax Collectors, Tax Assessors and County Commissioners, which was certainly not contemplated when those officers were elected, for two years, an election in 1904 will be necessary, and as this is true, there is no reason why Sheriffs should not then be elected. This Convention has, in the article on the Executive Department, which has been formally adopted and is now in the hands of the Committee on Engrossment, provided that the Sheriff elected in 1904 shall hold office for a term of six years, and that all succeeding Sheriffs shall hold office for a term of four years. This renders the proposed action recommended by the committee unnecessary.

Believing as I do that we should confine ourselves to the business for which this Convention was called by the people, and that the action proposed is unnecessary and without precedent, I recommend that the said report of the Committee on Rules be not adopted.

Ed. deGraffenreid,

Of the Committee on Rules.

MR. deGRAFFENREID‑ Mr. President, the reason why I oppose the action of the Committee on Rules in recommending to this Convention that the terms of the present Sheriffs be extended two years is plainly set forth in the minority report. There have been several measures introduced in this Convention since we met, with reference to the office of Sheriff, and this Convention has acted several times upon these matters, and at the instance of those who profess to represent the Sheriffs, have several times changed its action. As stated in the minority report, on day before yesterday, this Convention, by a close vote, after mature consideration, while a number of Sheriffs were in Montgomery, refused to change the existing laws and allow two terms.   Immediately upon the heels of that action, comes this proposed measure. Before that time, and since the recess, this Convention had adopted the article on the Executive Department, which provides that the Sheriffs elected in 1904 shall hold office for six years. By doing that every election in the State of Alabama is harmonized, and if


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the proposed measure now introduced from the Committee on Rules is adopted, the Legislature following the precedent established by this Convention, to avoid an election in 1904, will have to extend the terms of office of the Tax Assessor and the Tax Collector and the County Commissioner and the Superintendent of Education in each county for two years more. I know it has been said by some members who favor this measure, that if the officers mentioned have their terms extended it will greatly popularize the Constitution, but I believe that this Constitution should go before the people upon its merits and that we should make no bid of any sort, for popularity, or for its ratification, by the extension of the office of any, person whatever. It is true that we have extended the offices of the Senators whose terms expire in 1904, to 1906, but those people will have no duties to perform; they will draw no salaries, and they will do nothing unless the Governor convenes the Legislature in extraordinary session. The action of the Convention in that regard is above criticism.

MR. BAREFIELD‑ Isn't the principle just the same thing?

MR. deGRAFFENREID‑ No, sir, it is not. One is an office of profit and the other is not.

MR. OATES‑I just wanted to ask if it is not a fact that the question relative to extending the term of Senators was not agitated early in the session and before the Committee on Legislative Department, and if the effect of it was not called to the attention of the Convention and the reason why it was not done.

MR. deGRAFFENREID‑ Yes, sir, that is my recollection, and I want to say further, that when the delegates to this Convention came direct and fresh from the people, when these delegates who are now here first came to Montgomery, I dare say that, if the proposition now before this Convention had been placed before it, there is not a delegate here who would then have voted for it. I leave the question with you.

MR. SMITH (Mobile)‑So far as the majority of the Committee is concerned, they acted upon this matter absolutely independent of any question of controversy between the sheriffs and the gentlemen who seemed to have been opposing the interests of the sheriffs. Some portion of the Committee that voted in favor of the resolution have, I believe, consistently voted against the propositions made by the sheriffs, so that I, believe they were actuated in passing this resolution, not by any desire to make a compromise with the sheriffs, or from any fear of threats on the part of the sheriffs.  So far as I am individually concerned, I have said a number of times, and it is undoubtedly true, that in my section, no fight that is advocated by the office‑holders, as office‑holders can succeed. If the office‑holders get together in my section of the country and make a fight as a body, we will whip them every


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time they come to the polls. Just let them make it an office-holders' fight and the people will turn them down. I voted for this, however, not with any idea that the sheriffs had us under whip and lash, but because I saw no reason why the election of the executive officers should not be put upon a uniform basis. It has become necessary for us to extend the terms of one set of sheriffs. We have got to do that. Either the present term of two years, or the sheriffs elected as their successors have got to have an additional term of two years.

MR. GREER (Calhoun)‑Don't you think it would be much better and will be more agreeable to the people to elect these sheriffs for six years, knowing at the time that they voted for them they were to have a six years' term, than to legislate them into office for two years?

MR. SMITH‑‑ No, sir. We have got to extend the terms of one set of sheriffs or the other. Now the election of every other constitutional executive officer falls in 1906, and not in 1904, and to extend the term of the sheriffs to 1906, places their election upon the same date with the election of the other constitutional executive officers.

MR. deGRAFFENREID‑ The Convention, by its action in providing that the sheriffs elected in 1904 shall hold office until 1910, settled all conflicts in the matter of elections, did it not?

MR. SMITH– Not if the Convention votes for this resolution, they have not.

MR. deGRAFFENREID‑ But if it stands where it is now, it has, has it not?

MR. SMITH (Mobile)‑Yes, everything is settled, if nothing is changed. Everything in life or in the world is settled, as it is if there is no power to change it.  What I called settled is something irrevocably done.

MR. PILLANS‑ Does not the resolution of the Committee on Rules provide merely for an ordinance independent of the Constitution?

MR. SMITH– It is for the purpose of reconciling the provisions of the Constitution that it is reported.

Now, then, to reply to the gentleman over there (Mr. Greer of Calhoun),  who wanted to know if the people would not like it best to extend the term, of the sheriffs that they will elect the next time. I will say I think the gentleman's idea of what the people like, of how much they like to give one man a certain office at one time, and of how much they like to give another man the advantage at another time, is all humbug.


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CONSTITUTIONAL CONVENTION, 1901

MR. GREER‑Is not the principle wrong to legislate a man into office?

MR. SMITH‑I will try to answer one of the questions and then I will try to answer the other. As I said before, this idea that the people are all anxious and hankering after giving some candidate an advantage is a humbug. It is the office-seeker who is always parading about hover much the people are desirous of supporting him.  I believe the people have selected the existing sheriffs with as much good will as they have ever selected any other sheriffs, or ever will select them, and I believe that they would just as soon have their terms extended two years as to have the terms of the next succeeding sheriffs extended.

MR. ROGERS (Sumter)‑Is it not reasonable to suppose that a majority of the people elected the last sheriffs, and, therefore, if they are continued in office two years, they have been put there by the will of the majority?

MR. SMITH‑ Undoubtedly, and not only that, but the people, when they shall have voted upon this Constitution, will have determined whether we have done right in this and all other matters and if it is just the love of having the power to say that they did it, then they will have that privilege under those circumstances, as well as the other.

MR. PILLANS‑ Will the people have a vote on an ordinance extending the terms of officers not mentioned in the Constitution?  Is not their vote confined to the Constitution alone?

MR. SMITH (Mobile)‑ I do not think the people will vote on any single ordinance, section, paragraph or resolution in this Constitution.

Now, in answer to the fourth or fifth question of my friends from Calhoun– I have forgotten the number of it– he wants to know whether it is right to legislate people into office. I do not understand when a man is in office that we are legislating him into office. I do not understand when we extend his term two years we are doing any more legislating into office than when we say the next man shall have the extra term. He is there not by our election, but by the grace and vote of the people, and so far as I know, the people are not dissatisfied with what they, did in the last election, and if we do what is right to harmonize our Constitution, there will be no special objection made to it. At any rate, it seems to me that we have to extend the term of one set of officers or another: we had as well extend the term of the present incumbents, and I, therefore, move to lay the minority report upon the table.

MR. HOWZE‑ On that I call for the ayes and noes.


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The call was sustained.

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

AYES.

Messrs. President,

Haley,

Opp,

Altman,

Handley,

Palmer,

Ashcraft,

Harrison,

Parker (Cullman),

Banks,

Heflin, of Chambers,

Pettus,

Barefield,

Heflin, of Randolph,

Proctor,

Blackwell,

Hodges,

Reese,

Burns,

Hood,

Rogers (Lowndes),

Cardon,

Inge,

Rogers (Sumter),

Carmichael, of Colbert,

Jackson,

Samford,

Chapman,

Jones, of Bibb,

Sanders,

Cobb,

Jones, of Wilcox,

Smith (Mobile),

Coleman, of Walker,

Kirk,

Smith, Mac. A.,

Craig,

Knight,

Smith, Morgan M.,

Cunningham,

Kyle,

Sorrell,

Davis, of DeKalb,

Ledbetter,

Spragins,

Davis, of Etowah,

Lomax,

Weakley,

Dent,

Long (Walker),

Weatherly,

Duke,

Macdonald,

Williams (Barbour),

Eyster,

McMillan (Baldwin),

Williams (Marengo),

Ferguson,

Malone,

Williams (Elmore),

Fletcher

Merrill,

Wilson (Clarke),

Gilmore,

Miller (Wilcox),

Wilson (Wash’gton),

Glover,

NeSmith,

Winn,

Grant,

O'Neal (Lauderdale),

Greer, of Perry,

O'Neill (Jefferson),

Total— 74.

NOES.

Bartlett,

Greer, of Calhoun,

Sanford,

Beddow,

Howell,

Selheimer,

Bethune,

Howze,

Sentell,

Boone,

Jones, of Montgomery,

Sloan,

Brooks.

Lowe (Jefferson),

Spears,

Byars,

McMillan (Wilcox),

Stewart,

Carnathon,

Martin,

Studdard,

Case,

Murphree,

Tayloe,

Cofer,

Norman,

Waddell,

deGraffenreid,

Oates,

Walker,

Eley,

O'Rear,

Watts,

Foshee,

Pearce,

White,

Freeman,

Phillips,

Whiteside,

Graham, of Montgomery,

Pillans,

Graham, of Talladega,

Porter,

Grayson,

Reynolds (Henry),

Total— 46.


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ABSENT OR NOT VOTING.

Almon,

Jenkins,

Mulkey,

Beavers,

Jones, of Hale,

Norwood,

Browne,

King,

Parker (Elmore),

Bulger,

Kirkland,

Renfro,

Burnett,

Leigh,

Reynolds (Chilton),

Carmichael, of Coffee,

Locklin,

Robinson,

Coleman, of Greene,

Long (Butler),

Searcy,

Cornwall,

Lowe (Lawrence),

Sollie,

Espy

Maxwell,

Thompson,

Fitts,

Moody,

Vaughan,

Hinson,

Morrisette,

Willet.

PAIRS.

AYES.                                                            NOES.

Pitts,

Henderson.

So the motion to table prevailed.

MR. SANDERS‑I now move the previous question on the resolution reported by the Committee.

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

The main question teas ordered, and a vote being taken the resolution was adopted.

MR. GREER (Calhoun)‑I rise to a question of personal privilege. The gentleman from Mobile (Mr. Smith) in reply to the question which I propounded, stated that the cry about the people was humbug and only made from those who were seeking office. I want to say this, that I am not willing for the gentleman from Mobile to say what is or what is not a humbug, and so far as being an office-seeker, Mr. President, I am as clear from being an office-seeker as my friend from Mobile. I have never sought or held office before.

MR. BOONE‑ Mention the gentleman from Mobile to whom you refer.

MR. GREER‑ Mr. Smith.

MR. SMITH‑I am glad that the gentleman called for the name of the gentleman from Mobile who had never sought an office. I do not want any confusion on that subject because it was liable to occur. (Laughter.)

Mr. Boone sought recognition.

THE PRESIDENT‑ The gentleman from Mobile has the floor.


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A DELEGATE— Which one?

THE PRESIDENT‑ Mr. Smith. (Laughter.)

MR. SMITH‑I am sorry that the gentleman from Calhoun (Mr. Greer) was not willing for me to say what is a humbug and what is not, but his edict is ex post facto, it has been said.  (Laughter.)

MR. BOONE‑ Mr. President, I rise to a question of privilege. I am unwilling to let the people at home, or the gentlemen of this Convention, think in my intercourse with the several delegates of this Convention, or in what I say upon this floor that I alas in any way discourteous as the gentleman, in my judgment, was to the gentleman from Calhoun, and the other day to the gentleman from Jefferson, Mr. Beddow.

MR. SMITH— I waive the exception, the gentleman need not take an appeal. (Laughter.)

Leaves of absence were granted as follows: To Mr. Norwood for today; to Mr. Eley for afternoon session today; indefinite leave on account of sickness to Mr. Almon; to Mr. Handley for Monday; Mr. Bulger for today.

MR. COLEMAN (Greene)‑Mr. President, I rise to move a reconsideration of the vote by which the following amendment was made yesterday in the Article on Suffrage, "of real and personal property in this State."

MR. COLEMAN (Greene)‑Mr. President and delegates of the Convention, this amendment involves a great deal more to one section of the State than the provision made, for the officers, their election, or perhaps any other provision that has been discussed in the last three or four days. It was never intended by saying that $300 worth of personal property of real estate, to prescribe qualifications which would enable a man to vote. The real purpose was to disable certain parties from voting in this State. Now we have been willing to concede to the white people of Alabama any provision that they could frame, and we are willing to do it now, by which they can all be—

MR. H ARRISON‑ Will the gentleman yield?

MR. COLEMAN‑ Yes, sir.

MR. HARRISON‑As I understood the delegate from Greene, the motion was to reconsider a provision which I was under the impression you did not vote for.

MR. COLEMAN— I did vote. I voted purposely, having this thing in view.

MR. SAMFORD (Pike)‑‑If the gentleman will permit me, I voted aye.


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CONSTITUTIONAL CONVENTION, 1901

MR. COLEMAN— I had this thing in view. Now I would like to be heard because this is an important question to us. We came here to be relieved of a certain class of voters. If you put a provision in this Constitution, by which a sufficient number of them will he admitted to the franchise to dominate our elections, of what advantage is this Convention to us?  It would be better for us to retain the power we have now, though we use it by means which we abhor, rather than accept a proposition which twill in law enable a majority of them to dominate us in our elections. Now if, any man who has the interest of the white people at heart, can frame or devise any plan by which they can be admitted to exercise the elective franchise, I for one, and I know I speak the sentiments of every white man from the Black Belt, will indorse it. We have voted the most liberal provisions to educate these people of any State in the Union and if you are not satisfied we will do anything you want done, but we want relief, and we cannot get it if you unite personal and real property to the extent of $300. All over our little towns and in the country, the negroes have bought their little places of three, four and five acres, not worth $300, but they have got those little places worth from $50 to $75. I doubt not but what there is a hundred of them in my own little town. When you confine them to $300 worth of land, they have not got it. If you hold them down to $300 worth of personal property they have not got it. But if you let the two be united they have got it, and notwithstanding all that may have been said about the Black Belt, they are as scrupulous in the observance of the law as any people, and they will enforce this law precisely as you adopt it here. Now personal property is changeable. It is in one man's hands today and some others tomorrow.  It is not a safe criterion. We prefer the $300 of real estate, but to satisfy the demands of other sections of the State, we conceded to $300 worth of personal property. Let it be one or the other, and if you are not satisfied with the provisions by which all your people can be admitted to the exercise of the elective franchise, for goodness sake, write out something and we will sign it. We have asked for two things. We wanted relief and we wanted representation. You have given us one and a thrill of gratitude and satisfaction went all through our section of the State, but now you propose to enfranchise a sufficient number of them to take away from us our power, our dominion of the elective franchise in our section of the country, and it is wrong. It is not what we want.  I say to you, Mr. President, it makes no difference with us, what provision you write out for your people, we will sign it, we will indorse it, but give us relief from that great burden which rests upon us, and has for so long a time and which we expected to obtain from this Convention. It is all that we ask. We will ratify your Constitution. No man need be afraid of its ratification, if you will give us the relief that we want and the relief we ought to have. We are entitled to it and we ask nothing more. It was


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OFFICIAL PROCEEDINGS

a mistake. That provision was made precisely that way for a precise purpose, because by an estimate, these parties were not in sufficient numbers to oven either the one or the other to materially interfere with the majority of the white voters in these counties. If there is anything here by which any white man is disfranchised. I would like to see it pointed out. We thought we had them all in. Some gentleman said yesterday that we could not go on the stump and defend it, as it was. Why, fellow delegates, you cannot defend many things if you take the whole people into consideration, but you can defend it and satisfactorily when it is understood that by this provision, the ignorant and venal vote will be eliminated, and the white man continued in dominion in this State.

Mr. Graham of Talladega took the chair.

MR. COLEMAN‑I know the difficulties under which I am addressing this Convention this morning. I know it is late in the session, but I had supposed that all these questions were finally fixed. We have voted with this in view all the way through. You cannot find a proposition demanded by, and necessary for, the white counties, that we have not conceded, and conceded freely and why not concede to us the protection which is necessary for us.  I feel it is my duty to call your attention to this. I would not have discharged my duty conscientiously to my people and to the State of Alabama and its best interests if I had let it go without calling your attention to it again, and I ask you to reconsider this vote by which this amendment was put in there, and if you desire any other amendment, I care not what it is, if you think it is necessary for the benefit of the white people of Alabama, we stand ready to support it. It is our political creed that the white man is fitted to exercise the elective franchise, and that the other race is not.  There is where we have stood and there is where we have voted all the time. That is what we desire and it would be effectually done but for the provision of the fifteenth amendment which requires us to be very careful in how we frame the organic law touching the question of franchise, and I hope the delegates out of consideration for us and our position, and the condition we are in, will reconsider the vote that I may move to strike out just that line and nothing more.

MR. ROGERS‑I dislike very much to take issue with the distinguished gentleman from Greene County, but he does not speak for all the Black Belt when he speaks this way.  I am from the Black Belt myself, and when this movement came from North Alabama to make it in the aggregate $300, of both real estate and personal property, I voted for it, and I shall vote for it again this morning. There is not a considerable per centage of negroes in the Black Belt who own $300 worth of property, when you take


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CONSTITUTIONAL, CONVENTION, 1901

it in the aggregate. Therefore, I do not fear that this provision will give us any considerable trouble.

MR. COLEMAN‑ How many negroes, take your own place, have you sold mules to, who still owe you for them.

MR. ROGERS‑I can answer the gentleman in this way. I do my business a little different. I do not sell those negroes my mules for the simple reason that I am forced to pay their poll tax. I hold their property in my own name, and I say to them, when you are able to pay me, for this property, it is yours, and it does not go upon the Assessor's books. That is the way I do my business, and that is the way men do who do an advancing business in the Black Belt.

MR. COLEMAN‑ That may be yours, but don't you know it is the general rule that they do it.

MR. ROGBRS‑I do not believe it is, sir.

MR. COLEMAN‑ It is in my county.

MR. ROGERS‑ It is not so in mine. We hold the property when we sell it upon a credit, taking under the law passed in 1898 — before that we were not forced to do so,-‑a paper saying that this property shall remain in my name and shall be assessed in my name, and if the gentleman will examine the books of Greene County in which my lands lie, he will find from year to year, there will be assessed against J. A. Rogers, so many mules, from 20 to 60.  I do not want to be harassed by poll tax, and by having my property assessed along with that of by poll It is my property.

MR. COLEMAN‑I have another question. I would not do this, but I want to be understood. Don't you know that in law, when you sell a man a piece of property on credit, whether he pays for it or not, in law it is his property, it makes no difference whether you withhold it by mortgage or anything else.

MR. ROGERS (Sumter)‑Whenever you make a sale in law, (I am not a lawyer), if it is conditional, it is not a delivery until the conditions are complied with. If I sell a mule, to be paid for in November, and do not take a note for it, there is no delivery of the property until they pay the money.

MR. KIRK‑ Who pays the taxes upon the property?

MR. ROGERS‑I pay the taxes on the property, and it is in my own name. I believe this is the course pursued by the wise men who are in business there and who know business methods.  I simply want to say that the gentleman is not speaking for all the Black Belt and not for my county.


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OFFICIAL PROCEEDINGS

MR. COLEMAN‑ It is a question for every lawyer in this house to determine whether or not property belongs to him or the negro.

MR. ROGERS‑I will say to you, unless the Assessor's books show that the negro pays taxes on the property, he cannot vote, it matters not where the property lies. If the tax books do not show that he pays taxes on the property, he cannot vote under this provision. You say he shall pay taxes on three hundred dollars of property, and if the tax books do not show that he pays those taxes, how will he vote? It makes no difference whether it belongs to him or a man in Europe, if he does not comply with this provision, he cannot vote.

MR. SANDERS‑ It has been said that this reduction in the qualifications for voting has been inserted in the interests of the white people of North Alabama. As an humble representative of that section. I desire to say I do not believe that the white people of the section of the State are asking for this change in the suffrage clause. We have protected the living white voter by granting to him under the temporary clause a life certificate. We have provided that the young man when he becomes of age after 1903 shall be vested with the right to vote if he possesses simply the easy qualification of being able to read and write. I think, Mr. President, that that is an ample provision, an ample protection for the white man of Alabama, and all that we will inquire under our oaths to guarantee to him. In my opinion, the young man of Alabama, whether he can read or write now, who has not the ambition and aspiration to qualify himself to vote after 1903, by complying with the simple requirement of being able to read and write, ought not to vote. I do not believe the white people in this State, in North Alabama, are demanding that these suffrage conditions and provisions be made any easier for them. The man who objects to the property test as a qualification for voting, will not be appeased by the fact that you have simply reduced the amount of property which he is required to own. I believe it would be wiser if we increased that property test.

MR PILLANS‑ Will the gentleman allow an interruption?

MR. SANDERS‑ When I get through, then I will be glad to answer any question. I believe it would be wiser to increase the property test rather than reduce it, for we have protected the white man under the temporary plan, and we have protected him under the permanent plan, and we are merely lowering the standard to such an extent and to such a degree that a great many  negroes will qualify in Alabama, who could not qualify before, and I am not ashamed to say that I came here for the purpose of disfranchising, so far as is consistent with my oath and within the limits of the Federal Constitution, every negro in the State of Alabama that we could possibly reach. (Applause). I do not


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CONSTITUTIONAL CONVENTION, 1901

believe that is low ground. I do not believe that is narrow. I do not believe that is selfish. I so much believe in the God-given right of the supremacy of the white man in this country that I believe it is his duty to rule and to take the reigns of government in his hands. (Applause). I just want to say that I speak for the people of my own county. I will not assume to speak for any other section, but I believe the sentiment of the Tennessee Valley is pretty uniform throughout, and our people do not want this reduction. They believe in the plan just as it has been reported and adopted heretofore, and I believe you weaken it, and destroy the respect which has already been built up in that section for this suffrage article and plan, by now lowering the standard so as to let in a great deluge of negroes who may put a mule and a wagon and a little ten-acre patch together, amounting, in all to about three hundred dollars, and come in and vote.  I heartily favor the motion to reconsider in order that this suffrage provision may be restored as it was originally before the amendment of the gentleman from Lee (Mr. Harrison) was adopted yesterday.

MR. PILLANS‑ There is no member of this Convention, certainly on the dominant side, who will yield one whit to the gentleman in his allegiance to the Anglo-Saxon race, and it will not do to attempt to drive measures through here by a mere appeal to the prejudices of the white race.

We all want to keep the reins of government in the hands of the white people of Alabama, and , want them to continue to rule over the destinies of Alabama, and the gentleman does not differ with any of us in that respect, and when he extorted applause by his eloquent remarks, he was likely to mislead the other delegates into supposing that only the view he was supporting was the one that led to white supremacy. I deny that, and I desire to call the attention of the delegates to the fact, that his was an attempt to misstate the position of those who are opposed to reconsidering, by the use of the expression, "reducing the standard."  There has been no reduction of the standard, by the action of this house taken yesterday. There was already a property qualification put upon those unfortunates that have not had the advantages of my friend, of you and myself; and who, in consequence, have not acquired a knowledge of letters. The property qualification put upon the illiterates of the State, fixed a minimum of $300 of taxable property.   Isn't it so?   That is the substance of the report which was brought in by the Suffrage Committee, and that is the provision you thought that you had adopted. Now, when you come to weigh this property qualification, you find that if a man in North Alabama or South Alabama or Middle Alabama, for I know no sections in this our dear State, dies, leaving two illiterate sons, and those two sons, with nothing but their good right arms with which to work out their future and their fortunes, so progress that when they            


4858                  

OFFICIAL PROCEEDINGS

arrive at the voting age one of them has acquired but a forty acre tract of land worth but twenty-five dollars, he can vote, yet his brother who has a farm and stock assessed at five hundred dollars, cannot. A forty acre tract owned by any negro man in the State of Alabama, of whatever value (and they all go up in the pine hills and buy land when they can) they all go up on the pine hills and have their little forty acre tracts entitles this illiterate negro to vote.

MR. COLEMAN‑I hope the gentleman will give me an opportunity to reply.

MR. PILLANS‑I will ask if they do not select the pine hills whenever they can?

MR. COLEMAN (Greene)‑I desire to have an opportunity to reply.

MR. PILLANS‑ The gentleman desires to reply. The gentleman has consumed a great deal of the attention of this body on this subject and from his side came the cloture on the debate yesterday, and then, when they failed by a vote of 90 to 30, they ask you today to reconsider, which is somewhat like the plea of the baby act.  I do not say that offensively.  But I say that every negro man who has a tract of forty acres of land can vote, and that might not be worth fifty cents an acre, so that the son who has acquired forty acres is a voter. The next son lets three hundred dollars worth of goods. He can vote. The next son acquires two hundred and seventy-five dollars worth of mules and a farm worth two hundred and seventy-five dollars. He is the thriftiest man of the lot.  He helps the State more than the others.  He is the worthiest citizen of the lot, so far as we can measure worth by progress and the payment of taxes, and the gentlemen say he must not vote. This is illogical; you cannot go before the civilized world and justify that position. If they cannot justify that position then how do they answer it? By, producing the Black Belt in evidence, and they say that this will let in a thousand negroes. While we have not the tax books to know how accurate the views of the gentleman on the subject are. I cannot believe that he is right in his view. I cannot believe it will let in any considerable quantity, but whether it does or not, the answer that is made is the most complete non sequitur ever made. The Suffrage Committee who after long and deliberate consideration, were expected to bring in the most rational plan came in with one, and when you show it is wholly irrational in one particular, they say to you, give us a better plan. They say: "You who support the amendment or object to our illogical plan, from North Alabama or from South Alabama, give us a better plan," instated, though we took two months to evolve the plan that has this fault in it, a fault which I think was cured by the amendment which this Convention rati‑


4859

CONSTITUTIONAL CONVENTION, 1901

fied yesterday by a vote of 90 to 40. Now, two gentlemen from the Black Belt have spoken and one tells you what I believe the Tax Assessor's books if here, would show throughout that section and that is, that there are very few of the colored race who pay taxes on three hundred dollars worth of property in the aggregate; but if there are too many who pay on that amount of assessed property, and that is not large enough, raise it; but ,while doing so, in the name of God make a rational rule, that you call justify to your consciences, your reason and to the people that sent you here.

MR, COLEMAN (Greene)‑ I wish to read to you the provision. There is nothing in here that the owner shall pay the taxes, the very question I wanted to call to the attention of the gentleman from Sumter. It reads: The owner in good faith, in his own right, of forty acres of land situate in this State, upon which they reside; or the owner in good faith, in his own right.  Or the husband of any woman who is the owner in good faith, in her own right, of real estate, situate in this State, assessed for taxation at the value of three hundred dollars or more, or the owner in good faith, in his own right, or the husband of a woman who is the owner in good faith, to her own right, of personal property in this State assessed for taxation at three hundred dollars or more; provided, that the taxes due upon stitch real or personal property for the year next preceding the year in which he offers to register shall have been paid." Not by the owner, but shall have been paid.  The title remains as I stated to this Convention before, and you know it as a lawyer—

MR. PILLANS‑I do not see that that relates to anything I was saying, but it brings me to the difference between the learned gentleman and the gentleman from Sumter, who, while not a lawyer, displays a very great knowledge of law, as he does of all other branches of science and wisdom. I am constrained to differ with my distinguished and learned friend. who says that a man who buys a mule under a conditional contract does get title as an owner, and to agree with the gentleman who is not a lawyer that where the title is reserved the buyer is not the owner, and I know, that, of the eighty-nine lawyers  in this house. Eighty-seven will agree with me. If there is anything established in the laws of this State it is that a man can make a contract for future sale of property with present delivery of possession, and with a reservation of title in the seller, and that no title passes to the buyer until the final payment is made. I see my friend from Chambers fully agrees with me.

MR. COLEMAN‑ By parole?

MR. PILLANS‑ Recently there was a statute passed which required it to be in writing, but that is a perfectly immaterial


4860                                           OFFICIAL PROCEEDINGS

thing. That goes into the question of how you clothe or evidence the transaction.

MR. COLEMAN‑ Don't the gentleman himself know in the very case he puts, the gentleman says he puts it on his book, there is nothing in writing between them, that is not a conditional sale?

MR. PILLANS‑ That may be so.

MR. DUKE‑ Isn't it a fact that it is a conditional sale, even if it is not in writing as between the parties? Isn't it a good sale between the parties and void only as to third parties who haven't had notice?

MR. PILLANS‑ I thank you for the suggestion. That is true. I had overlooked it. It is only a recording statute, providing for notice by recording it, so that a third person may not be deceived by the apparent ownership of the one in possession, because our courts had always theretofore held that the fact that there was an apparent title in the vendee did not give an equity to the purchaser from him as against the seller's reserved title and therefore the legislature intervened and required a writing so far as third parties were concerned. I will therefore move to table the motion to reconsider.

MR. COLEMAN‑I desire to ask the question if the statute does not declare it to be null and void?

MR. PILLANS‑I do not want to lose my opportunity to move to table. I suppose Mr. Duke can answer it. I make the motion to table the motion to reconsider.

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

MR. SMITH (Morgan M.)‑Will not the gentleman withdraw that a moment.

MR. PILLANS‑ Yes sir. Being unwilling to cut off debate. I will withdraw it.

MR. SMITH (Morgan)‑ If there is anything I am familiar with it is this line of business, and I rise to concur in the remarks made by the gentleman from Greene. If I had ever made a success in a business way, it has been in advancing mules and helping negroes to make crops, and I think notwithstanding my friend from Sumter says all business men sell mules to parties and still own them, that this is a very dangerous proposition. I can take half a dozen business men in my county, and if I prefer to sell every negro on my plantation or those whom I advance to, $300 worth of property, I can vote, with half a dozen others like me, nearly every negro in my county, and you could not question this sale.


4861

CONSTITUTIONAL CONVENTION, 1901

MR. PILLANS‑ Isn't that true if you sell him two mules worth $150 apiece?

MR. SMITH‑I understand that, but as I understand it, we will not sell them land. If they are required to have $300 worth of real estate, that is another question.

MR. ROGERS (Sumter)‑In the alternative, as the, Suffrage Committee has reported it, they say if a man owns $300 worth of property upon which he pays taxes he may vote. Upon your proposition what is to hinder me from going to Texas and getting three car loads of Texas ponies worth $5 apiece, and bring them back to Sumter County and selling them to negroes at $305 apiece.  Nobody can question the price at which I sell them and they would every one have over $300 worth of property, and I can vote with a half dozen others every negro in the county, and you cannot question the sale.

MR. SMITH‑I will answer the gentleman by saying that I am not well pleased with this permanent plan anyway, and his argument is all against it. I would rather have it $1,000 worth of personal property. The question the gentleman has propounded is against his own argument.

MR. COLEMAN‑ The clause does provide against the emergency. It says bona fide owners. The word "bona fide" was put in there to meet the decision of the Supreme Court.

MR. SMITH‑ This permanent plan of suffrage has not been perfected to suit me. I have met the objection already in my county on this question. In several beats in our county we have negroes who are going to read and write and who have some property, a great many of whom have property enough to come in and carry elections in these several beats, and the gentleman admitted that to me the other day as his objection, and I would that this personal property clause be raised to $1,000. We are loathe to sell negroes land in the Black Belt, but when I desire to have voters, and have my way, I can easily give them $300 worth of personal property and the negro will vote with me in order to have the privilege. I do not say we intend to do that. The Black Belt is sincere in this fight, we are disposed here, and you have found it, notwithstanding we have been charged to the contrary, to do everything in our power to relieve us of this ignorant, vicious franchise which is held by those whom eve have been called here to disfranchise.

MR. LONG (Walker)‑I just wanted to ask you if $1,000 is better than $300, hadn't you better make it $1,000,000?   Wouldn't that be better than $1,000?

MR. SMITH (Morgan)‑I submit we have an almost insurmountable barrier, and when the gentleman from Mobile under-


4862                  

OFFICIAL PROCEEDINGS

takes to pick flaws, he ought to be ready to offer something better to this Convention. I have no patience with a man when we are doing our very best to accomplish the ends for which we were sent here, to pick flaws without offering something better. We desire a better remedy if we can get it. I tell you we are not here, the Black Belt has not called this body together, the sons of Alabama have not done so, for a frivolous purpose. We are not here for the interest of the people of North Alabama, or any other section. We know what we have to meet in our homes, and in our counties. We know we have gone just as far as we possibly can. We know that we are going to split in spite of everything we can do, and when we do that, we do not want to appeal to the negro as an arbitrator between the white men in the Black Belt, that is why the men of the Black Belt have been anxious to call this Convention together. Heed the remarks of that grand old man that knows the condition of the Black Belt. In the temporary plan, every poor man can vote. He holds his certificate in his pocket. What man is it will say that the negro can acquire a better education than the Caucasian race? After 1903, our temporary plan is a good one. Our permanent plan I do not like very much, but I will not criticize it because I am not competent to suggest anything better. The permanent plan is the one I want changed for the better. You forget every white man in Alabama can register, and the poor man will read and write. The white counties have nothing to fear on this line, and if, perchance, some poor fellow cannot read and write and has not this property, I assure you it is a long ways better for you to cast his vote than it is to put this incubus in the Black Belt upon the white people of our counties.

MR. HARRISON‑I regret that the distinguished gentleman from Greene did not give some reason why this Convention should reverse its action of yesterday. From all of his remarks, there is but one reason, and that is that the Black Belt will be displeased, or it will not suit them if we change it. Now, I have been willing can all occasions to accord everything to the Black belt that I could, constitutionally, or rightfully, but there are some white men as well as negroes in Alabama, and I believe that the white people should have a right to insist upon a proper criterion upon which every white man should vote. It has been demonstrated by the delegate from Mobile in his illustration of the Three Sons how unjust it would be even to white men as among negroes. How can we justify it?

MR. COLEMAN (Greene)‑Has he not until 1904 in which to learn to read and write?

MR. HARRISON ‑Has not the negro the same right?

MR. COLEMAN‑ Of course he has.


4863

CONSTITUTIONAL CONVENTION, 1901

MR. HARRISON‑ How can that make a distinction? If the gentleman from Autauga  (Mr. M. M. Smith),  was right, that it would increase it, it would be a different proposition, but this amendment did not increase or decrease, but simply equalize it and prevented the discrimination which upon its face was so unjust that this Convention overwhelmingly adopted it. I cannot conceive whether the gentleman from Greene or the delegate from Sumter is right. I read the language of this, and submit it to the lawyers of the Convention particularly, and to the distinguished Chairman of this Committee himself. How does it read?   "The owner in good faith in his own right or the husband of a woman who is the owner in good faith in her, own right." And these words are repeated. in every alternative proposition, down to and including this amendment, to wit : that it must be the owner in his own right to do this, and there is no room to speak of any of the subterfuges referred to about Texas ponies or anything else. The language is "in his own right in good faith," and I submit when you apply that test to the Black Belt, or to the White Belt, it is right and none of the subterfuges would be entertained or considered by the Registrar in enforcing the provision. It is only to equalize the matter, that the amendment was offered. I said on yesterday we could not justify it to the poor white men or black men, that it was not right, that one man, whatever his color might be, if you are going to place a property qualification upon him, should because he happens to own this amount in personal or real property, have this privilege of voting, when his neighbor or brother who has perhaps almost twice as much and is perhaps a more considerate man and better investor, and does not put all he has in real estate or personal property, but divides it, shall not have that right. I say we cannot justify it.

MR. WEATHERLY‑ Suppose the effect of this amendment would be as a fact to let into the suffrage from 10 to 20 per cent more negroes in the Black Belt, and you know that to be the fact, would you insist upon the amendment?

MR. HARRISON‑ Under my oath I would not discriminate on account of race, color and previous condition. I want a rule that is applicable to all, and I could not vote for it in any other shape. I will state however, that I do not believe it would have that effect.

MR. WEATHERLY‑ That is a matter of belief. Do you know what would be the effect? Have we not to rely upon the testimony of those in the Black Belt?

MR. HARRISON‑ Yes, and I would as soon rely upon one as upon another. These gentlemen seem to differ among themselves. I do not believe it is the duty of this Convention to legislate for one section of the State and I think what is good for North Alabama ought to be good for the Black Belt, and vice versa.


4864                  

OFFICIAL PROCEEDINGS

MR. WEATHERLY‑ Suppose under all the testimony that you have heard, your judgment is left in doubt as to the effect of this amendment in letting in an increased per centage of negroes?

MR. HARRISON‑I could not make a distinction, whatever might be my wishes, and I would not do it.

MR. COLEMAN‑ May I ask the gentleman a question?  When you voted for that clause, which said that only those that understood the duties and obligations of citizenship, should vote, didn't you do it for the purpose of excluding the negroes and letting in the white men?

MR. HARRISON‑I did not, sir.

MR. COLEMAN‑I did.

MR. HARRISON‑I did not. I believed that I could indulge the presumption that every officer will perform his duties, and I was willing to support it, and I am willing to let you gentlemen of the Black Belt or White Belt enforce it, because I believe it is constitutional and right. This matter has been sufficiently discussed, and in order that the Convention may proceed with the business before it, I move to lay the motion to reconsider upon the table.

MR. OATES‑I will ask my friend to withhold that motion for two minutes.

MR. HARRISON‑ If I have the time, I will. How much time will I have?

THE PRESIDENT PRO TEM‑ The gentleman has three minutes.

MR. OATES‑I want to say in this connection that if I had a doubt in my mind as to the propriety of a property qualification for the suffrage‑-if a property qualification for the suffrage is to be indulged, with the object in view, several clays ago. I prepared a proposition, but despairing of its being considered favorably, I never offered it. It is short and I want to have it read at the Clerk's desk, as expressive of my view, if a property qualification is to be required.

The Secretary read the proposition as follows:

Resolved, That every male citizen of this State who is a citizen of the United States and all who have legally declared their intention to become citizens of the United States and who actually consummate the same within five years from and after the ratification of this Constitution and continue to reside in this State up to that date and who is not an idiot or insane and who has not been convicted of a felony and imprisoned in the penitentiary therefor,


4865

CONSTITUTIONAL CONVENTION, 1901

and not restored to his political rights, who has resided in this State for one year, in the county six months and in the precinct or ward three months before he offers to vote, are hereby declared to be legal electors, and entitle to vote at all elections, one ballot; provided. that every voter pays his poll tax three months preceding any election; and provided, further, that any voter who owns and pays all taxes on $500 worth of property or upwards, shall have the right to cast two ballots, and all of said ballots shall be received, counted and returns made thereof, as prescribed by law. Sec. 2. Any qualified elector who is hereafter convicted of any offense, punishable by imprisonment in the penitentiary, or of any offense bearing moral turpitude, or of buying the vote of any elector or selling his own vote or offering to buy or sell the same for money or any other consideration, or bribing or offering to bribe an elector or officer of an election, or for committing a fraud in any election, shall be disfranchised and have no right to vote in any election until restored to his right to vote, and no one shall be thus restored except by an act of the Legislature which shall not be passed until three years after the expiration of the sentence imposed upon him for such violation of the law.

Sec. 3. The Legislature shall provide by law for the registration of voters and the conduct of elections.

MR. HARRISON‑I now renew my motion to lay the motion to reconsider on the table.

MR. COBB‑ On that I call for the ayes and noes.

The call was sustained.

The call of the roll resulted as follows:

AYES.

Bank,

Greer, of Calhoun,

O'Neill (Jefferson),

Bartlett,

Haley,

Pearce,

Beavers,

Harrison,

Pettus,

Beddow,

Heflin, of Chambers.

Phillips,

Blackwell,

Heflin, of Randolph,

Pillans,

Boone,

Henderson,

Porter,

Brooks,

Hodges,

Rogers (Sumter),

Byars,

Howell,

Sentell,

Cardon,

Jones, of Bibb,

Sloan,

Case,

Long (Walker),

Spears,

Cofer,

Lowe (Jefferson),

Sprains,

Davis, of DeKalb,

Lowe (Lawrence),

Stoddard,

Davis, of Etowah,

McMillan (Baldwin),

Waddell,

Duke,

Martin,

White,

Foshee,

Moody.

Whiteside,

Freeman,

Murphree,

Williams (Marengo),

Gilmore,

Oates,

Total‑50.


4866                  

OFFICIAL PROCEEDINGS

NOES.

Messrs. President,

Greer, of Perry,

O'Rear,

Altman,

Handley,

Palmer,

Barefield,

Hood,

Parker (Cullman),

Bethune,

Howze,

Reese,

Burns,

Inge,

Reynolds (Henry),

Carnathon,

Jackson,

Rogers (Lowndes;,

Chapman,

Jones, of Montgomery,

Samford.

Cobb,

Jones, of Wilcox,

Sanders,

Coleman, of Greene,

Kirk,

Sanford,

Coleman, of Walker,

Knight,

Smith (Mobile),

Craig,

Kyle,

Smith, Mac. A.,

Cunningham,

Ledbetter,

Smith, Morgan M.,

deGraffenreid,

Lomax,

Sorrell,

Eley,

Macdonald,

Stewart,

Eyster,

McMillan (Wilcox),

Tayloe,

Ferguson,

Malone,

Walker,

Fletcher,

Merrill,

Watts,

Foster,

Miller (Marengo),

Weakley,

Glover,

Miller (Wilcox),

Weatherly,

Graham, of Montgomery,

NeSmith,

Williams (Barbour),

Graham, of Talladega.

Norman,

Williams (Elmore),

Grant,

O’Neal (Lauderdale),

Wilson (Wash'gton),

Grayson,

Opp,

Winn,

Total‑.69.

ABSENT OR NOT VOTING.

Almon,

Jenkins,

Pitts,

Ashcraft,

Jones, of Hale,

Proctor,

Browne,

King,

Renfro,

Bulger,

Kirkland,

Reynolds (Chilton),

Burnett,

Leigh,

Robinson,

Carmichael, of Colbert,

Locklin,

Searcy,

Carmichael, of Coffee,

Long (Butler),

Selheimer,

Cornwall,

Maxwell,

Sollie,

Dent,

Morriette,

Thompson,

Espy,

Mulkey,

Vaughan,

Fitts,

Norwood,

Willet,

Hinson,

Parker (Elmore),

Wilson (Clarke),

So the motion to table was lost.

MR. WILLIAMS (Marengo)‑ Mr. President and gentlemen of the Convention—

MR. COLEMAN (Greene) ‑What is the question before the Convention?

MR. WILLIAMS (Marengo)‑The motion to table was lost, and, as I understand, the question before the House is as to whether or not we shall reconsider.


4867

CONSTITUTIONAL CONVENTION, 1901

THE PRESIDENT PRO TEM.‑ That is the question before the Convention.

MR. WILLIAMS‑As has been suggested to me by my good friend on my left (Mr. Pearce), we are not going to get away from here as soon as we thought we were. One of the biggest kicks I heard when I went home during our recent recess was, "When are you fellows going to finish? You do a thing in the afternoon and you undo it in the morning?" The boys at home are getting tired of this matter of reconsideration, and this matter right before us this morning is a question of the difference between tweedle dee and tweedle dum, and nothing else in the world. I trust that the Convention has not lost sight of the question, the only question that is before us. Don't go off on technicalities or law points, and any things of that kind. Stick to the question. This suffrage provision that we have amended, provides that a person who owns $300 worth of real estate can vote, or who owns $300 worth of personal property can vote, and all in the world that this amendment has done is to unite those two things. It is only a matter perhaps of one cent at times. If a man has $300 worth of property, why not let him vote it. Now, the hullabaloo of $300 worth of mules or Texas ponies being advanced can be done at $300 just as well as at $250. It was aptly illustrated by the gentleman from Mobile, only he did not go quite far enough. Suppose a man owns forty acres of land worth $25, he owns forty head of sheep worth $200. The man dies and leaves two sons. One son gets forty acres of land worth $25 and the other son gets forty head of sheep worth $200. Now, the one that gets the sheep, although in common sense if they are worth $200, they are worth more than the forty acres of land; yet you permit the man with the forty acres of poor land to vote, and the man having sheep to the value of $200 cannot vote.

MR. HOWZE‑ Does the gentleman know whether or not those fellows can read and write?

MR. WILLIAMS ‑Some of them can and some of them cannot. I mean by my illustration that the ancestor dies and leaves‑

MR. PILLANS‑ You are speaking and all of us refer to the illiteracy feature of the Constitution. There can't be any doubt about that.

MR. WILLIAMS ‑Of course. So far as agreeing with the Grand Old Man in this Convention, I do not think there is anybody in the Convention who reverences the Grand Old Man more than I do, but when he comes and attempts to speak for the whole Black Belt, I think he is wrong sometimes, and he certainly is wrong this time. It is a question of tweedle dee and tweedle dum. It is a question of whether you will stand by the principle you announced last night, or will you do like the boys at home say you


4868      

OFFICIAL PROCEEDINGS

are doing? When are we going to get away from here? Let's stop this reconsideration of matters.

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

MR. WILLIAMS‑ Yes.

MR. deGRAFFENREID ‑Is not the question really whether we will stand by what we did last night or whether we will stand by what we did after six weeks or to months' consideration of this matter before recess?

MR. WILLIAMS -Whether it be six weeks or two months or last night, the principle remains the same, that it is done and we ought to stop this reconsideration business. There is no real reason why this matter should be reconsidered. The gentlemen on the other side have not advanced any proposition in the world why it should be clone, and I tell you that in my opinion, the people of the Black Belt don't care a snap of their finger whether you put it in there or whether you don't, but I tell you my opinion is that they; want the whole property qualification cut out, and if it had not been for the reverence and respect I had for the Chairman of the Suffrage Committee, I should have voted against that property qualification, for I am against it. It reminds me of Ben Franklin's jackass. He owns him one day and votes, and next day, he sells him and cannot vote, and the question remains, which votes, the jackass or the man?

MR. KNIGHT‑I would like to ask the gentleman from Marengo a question. Whether he had the opportunity to communicate with the people in the Black Belt so as to speak for the whole Black Belt?

MR. WILLIAMS‑I would not arrogate to myself to speak for the whole Black Belt.

MR. KNIGHT‑I will say that the plan as it now stands, as reported by the Committee, the people are delighted with it in my county and will be very much dissatisfied with this amendment.

MR. WILLIAMS‑I expect you will find people on both sides of every question that is worth consideration at all.

The President resumed the chair.

MR. O'NEAL (Lauderdale)‑The gentlemen from the Black Belt contend that the effect of this proposition as it was originally incorporated would be to decrease the number of negroes who can vote, and the amendment would increase the number 20 per cent. Are you willing to increase the number of negroes who can vote in elections in Alabama?


4869

CONSTITUTIONAL CONVENTION, 1901

MR. WILLIAMS (Marengo)‑ No, sir; but the proposition does not make any difference, there are not any more going to vote.

MR. O'NEAL‑ The higher you raise the property qualification, the fewer can vote.

MR. WILLIAMS (Marengo)‑ No; not unless you put it up  to one thousand or fifteen hundred dollars.

MR. O'NEAL‑ Then you do not want any property qualification.

MR WILLIAMS ‑ No.

MR. O'NEAL‑ Do you want every negro who can read and write to vote.

MR. WILLIAMS‑ Don't you think it would disfranchise about as many white people?

MR. O'NEAL‑I do not think it disfranchises any of them.

MR. WILLIAMS‑ Well, there it is. I do not think it does the other way. I say the matter does not amount to a snap of the finger. You can add ten dollars to the price of a mule and advance it, as suggested by the gentleman from Sumter, and it is a bona fide sale, and the people in my county are not making these conditional sales since the Supreme Court said if the conditional thing that was sold died you lost your debt, and I submit the proposition to my friend from Greene, if it does not make an absolute sale.

THE PRESIDENT‑ The time of the gentleman has expired.

MR. COLEMAN‑I rise to a question of parliamentary inquiry. If I move the previous question first, have I ten minutes in which to close.

THE PRESIDENT‑ If the previous question is ordered, the delegate has ten minutes in which to close.

MR. COLEMAN‑I move to reconsider the vote by which the motion to reconsider was adopted, and upon that I call for the previous question.

The previous question was ordered.

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

MR. COLEMAN‑ Mr. President and delegates of the Convention, I feel very grateful to the delegates of this Convention for the manner in which they have referred to me, and for the respect the last gentleman who address you expressed. (Mr. Wil‑


4870      

OFFICIAL PROCEEDINGS

liams, Marengo). I do not intend to speak for the entire Black Belt, but I will say to everybody in this Convention that I was battling against these hordes and against the party who would have ruined its when he was in his swaddling clothes, and I have been in that warfare ever since until now, and if I do not know the people of the Mack Belt (having been solicitor for twelve or fifteen years) all over that country, there is no man in Alabama that does know then:, and I know I and sincere when I say I do represent a large majority of their and I know it. (Applause.) There is a great difference, delegates of the Convention, between the two propositions. I will illustrate it. In my town there are a dozen there who own little cabins worth twenty-five or fifty dollars, and they own about four or five acres of land, and it is their home, but they are not worth three hundred dollars and they do not own forty acres of land either. That is the reason they cannot get in and it is that way throughout the country. We put the forty acres in there at the demand of the delegates from the white counties but when you keep it separate, he has not three hundred dollars in real estate, and he hasn't got it in three hundred dollars of personal property, and he will never get it on credit if his right to vote depends upon it. We know how to take care of ourselves, if you will give us the power to do it. That is all we want.

Now, Mr. President, this is a serious question. It is worth everything that has been done. I have said before, we conceded you everything. I yield five minutes of  my time now to the distinguished gentleman from Macon to close.

MR. COBB (Macon)–Mr. President, this is an important matter to discuss within the limits of five minutes, but it is perhaps enough.  We have considered it well and now certainly in the last days of the Convention we take another plan and put aside our mature thoughts of three months.  We had better pause.  The only objection that has been raised that I have heard upon this matter of changing from the plan originally adopted, and that adopted yesterday, rests upon the idea of justice and equity. It is not equitable, it is not just.

MR. PILLANS–May I ask a question.

MR. COBB–No, sir, I cannot yield.

MR. PILLANS–Do you think it is logical–

MR. COBB–If the gentleman has any logic he has yet to display it.  The only objection that has been made is that it would not be just or equitable and in advancing these arguments so pertinently as the gentleman claimed, and with eloquence and power they forget all together the consideration of what suffrage means and upon what it is founded.  It is not a right that


4871

CONSTITUTIONAL CONVENTION, 1901

belongs to any citizen or any man. It is a pure privilege which the State extends to certain men in the interest not of the man, but of the State itself. That is all about it and when you come to attempt to adjust a great question like this, upon the little narrow views that would control us in entering into a contract for the purchase and sale of a horse you would degrade the question and put it far below that elevation to which it ought to be raised.  There is more or less arbitrariness in this matter. We all recognize that. We would like to be fair to everybody and that is what we came here for. We, the representatives of the people of Alabama believe two things: one is that the white men in Alabama should rule its destinies and control them, and the other is that the other class of our citizens whom we respect in their place, are not fit men to exercise the right of suffrage, and my friend from Lee over there (Mr. Harrison) in his great liberality and fairness, is not in accord either with the people of Alabama or the delegates upon this floor. (Applause.) Now then I repeat that we cannot adjust this matter upon this little narrow basis. We are to do the best we can for the purpose of accomplishing the next in view and that is the control of the State by the white people of the State and not upon the idea that we are making the contract with each individual citizen. That is the view I wanted to present. Now then I have not time to go into the reasons why it is better to stand upon the report of the committee. There are many reasons. None of us would like to put this qualification in at all if we could avoid it. There is something to a certain extent obnoxious to us all to leave the qualification for the right of suffrage rest on property, but I am arguing about the right, for the justice and equity to the individual, that is all. Why if you want to be exceedingly far, if you want to he exceedingly just, strike out the whole thing and have no property qualification at all.  That is where it would land us and that is where I would like to go, but we cannot do it on account of the conditions that surround us. We all understand that very well. Now this thing, has it been adjusted so as to secure in the best possible way in our power the end we have in view, to give the suffrage to the white people of the country, the control of the government to the white people of the country and to them alone. I think we have. I think this reconsideration ought to be had and let us go back to that mature plan that eve have thought over and spoken over here for three months.

I yield the balance of my time to General Jones.

THE PRESIDENT‑ The motion is to reconsider the vote whereby the article on suffrage was adopted.

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

The call was sustained.


4872      

OFFICIAL PROCEEDINGS

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

AYES

Messrs. President,

Greer, of Perry,

Reese,

Altman,

Handley,

Reynolds, of Henry,

Ashcraft,

Hood,

Rogers (Lowndes),

Barefield

Howze,

Samford,

Bethune,

Inge,

Sanders

Burns,

Jackson,

Sanford,

Carnathon,

Jones, of Montgomery,

Smith (Mobile),

Chapman,

Jones, of Wilcox,

Smith, Mac. A.,

Cobb,

Kirk,

Smith, Morgan M.,

Coleman, of Greene,

Knight,

Sorrell,

Coleman, of Walker,

Ledbetter,

Stewart,

Craig,

Lomax,

Tayloe,

Cunningham,

Macdonald,

Walker,

deGraffenreid,

McMillan (Wilcox),

Watts,

Eley,

Malone,

Weakley,

Eyster,

Merrill,

Weatherly,

Ferguson,

NeSmith,

Williams (Barbour),

Fletcher,

Norman,

Williams (Elmore),

Glover,

O'Neal (Lauderdale),

Wilson (Washington),

Graham, of Montgomery,

Opp,

Winn,

Granham, of Talladega,

O'Rear,

Grant,

Palmer,

Grayson,

Parker (Cullman),

TOTAL‑67

NOES

Banks,

Martin,

Henderson,

Beavers,

Miller (Mfarengo),

Hodges,

Beavers,

Moody,

Howell,

Beddow,

Murphree,

Jones, of Bibb,

Blackwell,

Oates.

Kyle,

Boone,

O'Nei11, of Jefferson,

Rogers (Sumter),

Brooks,

Pearce,

Selheimer,

Bears,

Pettus,

Sentell,

Cardon,

Phillips,

Sloan,

Case,

Pillans.

Spears,

Cof er,

Porter,

Spragins,

Duke,

Proctor,

Stoddard,

Foshee,

Gilmore, ore

Waddell,

Foster,

Greer, of Calhoun,

White,

Freeman,

Haley,

Whiteside,

Long, of Walker,

Harrison,

Williams (Marengo),

Lowe, of Lawrence,

Heflin, of Chambers,

McMillan, of Baldwin,

Heflin, of Randolph,

TOTAL‑52


4873

CONSTITUTIONAL CONVENTION, 1901

ABSENT OR NOT VOTING

Almon,

Hinson,

Norwood,

Browne,

Jenkins,

Parker (Elmore),

Bulger,

Jones, of Hale,

Pitts,

Burnett,

King,

Renfro,

Carmichael, of Colbert,

Kirkland,

Reynolds (Chilton),

Carmichael, of Coffee,

Leigh,

Robinson,

Cornwall,

Locklin,

Searcy,

Davis, of DeKalb,

Long, of Butler,

Sollie,

Davis, of Etowah,

Lowe, of Jefferson,

Vaughan,

Dent,

Maxwell,

Thompson,

Espy,

Morrisette,

Willet,

Fitts,

Mulkey,

Wilson (Clarke),

There being 69 ayes and 51 noes the motion to consider prevailed.

MR. COLEMAN‑I move to reconsider the vote whereby the amendment to the article on suffrage was adopted.

THE PRESIDENT‑ The question is on the motion to reconsider the vote whereby the amendment of the gentleman from Lee was adopted.

MR. HEFLIN (Chambers)‑The friends who favor striking this amendment from the suffrage plan have been heard at length‑

MR. DeGRAFFENREID  ‑ Has not the previous question been ordered?

MR. HEFLIN‑ It has not been ordered.

THE PRESIDENT‑ The previous question was ordered as the Chair understands it upon the motion to reconsider the vote whereby the article was adopted. The question now is upon the motion to reconsider the vote whereby the amendment offered by the gentleman from Lee was adopted. The gentleman from Greene failed to move the previous question upon the motion to reconsider the amendment.

MR. HEFLIN‑I ‑was paying close attention, and I happened to catch it that he did not move the previous question. Mr. President, I think that on yesterday this Convention by a vote of 80 to 27 adopted one of the wisest provisions of the Constitution that we will soon submit to the people. So far as the black belt of Alabama is concerned, it has always been amply able to take care of itself. It has stood like a mighty wall against the foes of the Democratic party, and it has forever waved the flag of white supremacy from that wall. It has never been in danger. The black belt of the State is satisfied with the suffrage plan we have adopted. We ask them from North Alabama to give us this amendment that we may carry votes there that we will otherwise lose. We ask


4874      

OFFICIAL PROCEEDINGS

it in the interest of the man who toils and has one hundred and fifty dollars worth of land and one hundred and fifty dollars in personal property.  It is unjust; it is unfair, it is not right to say to a man who has one hundred and fifty dollars in personal property and one hundred and fifty in real estate that he cannot vote.  It is unjust, Mr. President, to say a man who has $299.00 of real property and $299.99 of personal property that he cannot vote.  There is no good reason in it.  There is no fairness in it, and I appeal to the wisdom of this Convention today not to turn down the man who happens to have three hundred dollars worth of personal property.  I appeal to the man who is the friend of the poor men, not to strike him this blow in the wee small hours of this Convention.  Gentlemen of the Convention rise up today and say to the man who has accumulated property and has it divided, that we will not strike you down, and allow the man who has only three hundred dollars and advantage, because forsooth, it is in real estate to vote, when you have five hundred and ninety-nine dollars and ninety-nine cents worth divided.

MR. WEATHERLY–Suppose the amendment of the gentleman from Lee should be adopted, so that the qualification would be three hundred dollars worth of real and personal property, how would you answer the objection that the person owning $299.99 of real and personal property could not vote, while the person owning three hundred dollars could vote.  How are you going to explain the apparent injustice of a person who owns $299.99 worth of real and personal property not being able to vote?

MR. HEFLIN–And the other owns three hundred dollars worth of personal property, I understand that to be the question?

MR. WEATHERLY–The difference of one cent makes the difference in the right to vote.

MR. HEFLIN–The difference is this, if he has three hundred dollars worth of personal property he can vote, and if it is in real estate he can vote, but if he hasn’t it in personal property alone, singly and solely, purely and wholly, he cannot vote, or unless he has it in real estate.  He has got to have it.  The plan says, if he has three hundred dollars’ worth of real estate he can vote, or $300 worth of personal property he can vote.  Now, we say if he happens to be fortunate enough to have it in real estate and personal property, in the right of fairness and in the light of right, he ought to be allowed to vote.  It is as unfair as if you were to say to a man, you must have five hundred dollars in gold.  He cannot have it in gold and silver mixed.  Here is the real property standing off by itself and there is the personal property, and you say you must have this or you must have that.  The young man that has inherited land can vote, but this poor fellow who has been unfortunate and who possibly all his life has been unfortunate, you take from him the right to vote, when he has almost six hundred dol-


4875

CONSTITUTIONAL CONVENTION, 1901

lars' worth of property, because he does not measure up to somebody's idea that he must have it in real estate or in personal property. Mr. President, I do not desire to detain this Convention because I want to get through. I do not believe that this matter ought to be reconsidered. I believe that when we go out on the stump before the people of Alabama that will be one of the strongest planks in the platform in North Alabama. Gentlemen speak here about the Black Belt, and I appeal to them. They will take care of themselves anyhow. They have done it in the past. Give us this plan now and we will meet vote at the line that divides the State with an overwhelming majority front North Alabama.  I appeal to this Convention to let this provision stay.

MR. COLEMAN (Greene)‑I hardly think it is necessary to say anything in reply to what has been said. Time and again upon this floor, the gentleman has asked for such provision, and then come down with overwhelming vote in favor of the Constitution.  We have heard him time and again express himself as satisfied with the Constitution and the report of the Committee as made.  We have conceded to him propositions in order that he might get the whole vote in the white counties and in the Black Belt he cared nothing at all for the gratification and demand of those people.  He speaks of the Black Belt. We have stood solid, and you know very well we have stood solid and saved the party time and again to the State of Alabama, and today the Black Belt is voting almost solid and the gentleman is lining with those who have heretofore solidly always voted against it. That is enough, it seems to me, to satisfy any Democrat.

MR. HEFLIN‑ Will the gentleman permit a question? I want to ask about that lining up. Don't you think a man should do what he thinks is right?

MR. COLEMAN‑ Yes, and that is the reason delegates are coming to the rescue of the Black Belt in this crisis of theirs. That is the reason, and I am sorry we have not found you where we expected you to be lined up with those of the Black Belt.

MR. HEFLIN‑ Have I not been with you?

MR. COLEMAN‑ Yes, you have, but now you have gone off.

MR. HEFLIN‑ Won't you come with its just one time?

MR. COLEMAN–We have taken care of the white counties in the hills, of all that you have asked for down to the last day.

MR. SMITH (Morgan M.)‑I want to ask if you have not provided a temporary plan by which all these white people can come in?

MR. COLEMAN‑‑ Not only can come in. but we have given them funds more liberally than any State in the Union to set the


4876      

OFFICIAL PROCEEDINGS

white people up so they can vote hereafter. All we ask is protection, and it cannot damage a single white man in the State. I move the previous question upon the adoption of the motion to reconsider the vote whereby the amendment was adopted.

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

MR. ROGERS (Sumter) ‑ I rise to a question of personal privilege. An allusion has been made by the chairman of the committee to those of us who were formerly with that committee on their voting against it. I want to say for myself that I did not understand that provision. That is the explanation of my course here today. I thought, as a matter of course, that when you said three hundred dollars' worth of property---

MR. COLEMAN‑I call the gentleman to order. I do not think he has stated a question of personal privilege.

MR. ROGERS‑ It is a question of personal privilege. It is an explanation and a question of personal privilege, sir.

MR. COLEMAN‑I call for the ruling of the Chair.

MR. ROGERS‑I am willing to abide by the decision of the President.

THE PRESIDENT‑ It does not seem to the Chair to be a question of privilege to answer an argument.

MR. ROGERS‑I beg pardon, it is not answering the argument. The question of personal privilege is where allusion is made to the conduct of some person.

MR. COLEMAN‑I call for judgment.

MR. ROGERS‑I call for judgment; justice, not judgment.

THE PRESIDENT‑ It seems to the chair that the argument does not come within the---

MR. COBB‑I desire to submit to the Chair that a man cannot explain his vote under a question of personal privilege.

MR. ROGERS‑I am not explaining my vote.

THE PRESIDENT‑ The Chair understands that a gentleman may rise to a question of personal privilege when some reflection has been cast upon him.

MR. ROGERS‑ And there is the very point. The gentleman is trying to cast reflection upon men by that allusion.

MR. COLEMAN‑I did not have the gentleman in my mind.  I call for the decision.

MR. ROGERS‑ It does not matter whether you have me in your mind or not, you had my conduct in your mind.


4877

CONSTITUTIONAL CONVENTION, 1901

MR. HEFLIN‑I call for the question.

THE PRESIDENT‑ The question is on the motion of the previous question, and nothing would be in order at this time which is upon the merits of the issue.

MR. HEFLIN‑I demand the ayes and noes.

The demand was withdrawn.

The main question was ordered.

THE PRESIDENT‑ The question will be upon the motion to reconsider the vote whereby the amendment offered by the gentleman from Lee was adopted.

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

The call was sustained.

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

AYES

Messrs. President,

Greer, of Perry,

Opp,

Altman,

Handley,

O'Rear,

Barefield,

Hood,

Palmer,

Bethune,

Howze,

Parker, of Cullman,

Burns,

Inge,

Reese,

Carnathon,

Jackson,

Reynolds (Henry),

Chapman,

Jenkins,

Rogers, of Lowndes,

Cobb,

Jones, of Montgomery,

Sanders,

Coleman, of Greene,

Jones, of Wilcox,

Smith, of Mobile,

Coleman, of Walker,

Kirk,

Smith, Mac A.,

Craig,

Knight,

Smith, Morgan M.,

Cunningham,

Ledbetter,

Sorrell,

Dent,

Lomax,

Stewart,

deGraffenreid,

Macdonald,

Tayloe,

Eley,

McMillan, of Wilcox,

Walker,

Eyster,

Malone,

Watts,

Fletcher,

Merrill,

Weakley,

Glover,

Miller, of Marengo,

Weatherly,

Graham, of Montgomery,

Miller, of Wilcox,

Williams, of Barbour,

Graham, of, Talladega,

NeSmith,

Wilson, of Washington,

Grant,

Norman

Winn,

Grayson,

O'Neal, of Lauderdale,

TOTAL‑‑66

NOES

Banks,

Blackwell,

Cardon,

Bartlett,

Boone,

Case,

Beavers,

Brooks,

Cofer,

Beddow,

Byars,

Davis, of DeKalb,


4878      

OFFICIAL PROCEEDINGS

Davis, of Etowah,

Jones, of Bibb,

Porter,

Duke,

Kyle,

Proctor,

Foshee,

Long, of Walker,

Rogers, of Sumter,

Foster,

Lowe, of Jefferson,

Selheimer,

Freeman,

Lowe, of Lawrence,

Sentell,

Gilmore,

McMillan (Baldwin),

Sloan,

Greer, of Calhoun,

Martin,

Spears,

Haley,

Moody,

Spragins,

Harrison,

Murphree,

Waddell,

Heflin, of Chambers,

Oates,

White,

Heflin, of Randolph,

O’Neill (Jefferson),

Whiteside.

Henderson,

Pearce,

Williams, of Marengo,

Hinson,

Pettus,

Wilson, of Clarke,

Hodges,

Phillips,

Howell,

Pillans,

TOTAL--55

ABSENT OR NOT VOTING

Almon,

King,

Reynolds, of Chilton,

Ashcraft,

Kirkland,

Robinson,

Browne,

Leigh,

Samford,

Bulger,

Locklin,

Sanford,

Burnett,

Long, of Butler,

Searcy,

Carmichael, of Colbert,

Maxwell,

Sollie,

Carmichael, of Coffee,

Morrisette,

Studdard,

Cornwall,

Mulkey,

Thompson,

Espy,

Norwood,

Vaughan,

Ferguson,

Parker, of Elmore,

Willet,

Fitts,

Pitts,

Williams, of Elmore,

Jones, of Hale,

Renfro,

There being 66 ayes and 55 noes the motion to reconsider prevailed.

MR. COLEMAN‑I move to lay on the table the amendment offered by the delegate from Lee.

Upon a vote being, taken the motion prevailed.

MR. COLEMAN‑I move the adoption of the Article.

Upon a vote being taken the Article was adopted.

MR. HEFLIN (Chambers)‑I desire to give notice that I will make a motion to reconsider the vote by which the Article was adopted.

There were expressions of dissent.

MR. deGRAFFENREID‑‑ I desire to make a motion to reconsider the vote whereby the Article on Executive Department was adopted by the Convention, in order that the Committee on


4879

CONSTITUTIONAL CONVENTION, 1901

Order, Consistency and Harmony may properly make the changes that the action of the House this morning with reference to sheriffs requires.

Upon a vote being taken the motion prevailed.

MR. deGRAPPP,NREID‑ I now move that the Article be referred to the Committee on Order, Consistency and Harmony.

It was so ordered.

MR. EYSTER‑ I desire to correct the stenographic report.  Section 216. The words "and public improvements" occur after the words "school trustees" as applied to the amendment in reference to New Decatur, whereas, they should appear following the words "public school buildings" as the amendment applies to the city of Decatur. I have examined the journal of yesterday's proceedings and find that it is correct and the error is evidently on the part of the printer in transposing that phrase. I desire that correction be made in the stenographic report in order that it may not mislead the people affected by it.

THE PRESIDENT‑ The stenographer will make note of the correction.

MR. CRAIG‑I desire to make a correction in the statement made by me yesterday. I stated yesterday the circular I had was dated the 29th. On closer examination I find it was dated the 27th.

THE PRESIDENT‑ The regular order will be the consideration of the Article on Corporations. The pending question is the amendment offered by the gentleman from Tallapoosa (Mr. Sorrell.) The gentleman at the time of adjournment had one-half minute left.

MR. SORRELL‑ In this one-half minute of time left I have nothing to say except to insist that the provision as offered by myself is just, fair and equitable to all parties, and I leave the matter for this Convention to pass on.

MR. COBB‑ I desire to make a motion to lay both amendments on the table.

MR. BLACKWELL‑I call for a division of the question. for a longer period than thirty years."

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

MR. COBB‑ Before that is put---

MR. PILLANS‑‑ It is not debatable. The gentleman cannot speak after he has made the motion.

THE PRESIDENT‑A division of the question is demanded.


4880      

OFFICIAL PROCEEDINGS

MR. COBB‑ Before making it–

MR. BLACKWELL‑I rise to a point of order.

THE PRESIDENT‑A motion to table is not debatable.

MR. COBB‑I do not desire to apply the cloture—

THE PRESIDENT‑ Unfortunately the gentleman applied it to himself.  The Chair will have to follow the rules of the Convention. The question is on the motion to table the amendment offered by the gentleman from Tuscaloosa.

MR. PILLANS ‑ I withdraw the call for a division of the question.

MR. PETTUS‑I ask for a division.

Upon a vote being taken, both amendments were tabled.

MR. BOONE‑I desire to offer an amendment which has been recommended by the Committee on Order, Consistency and Harmony of the Constitution to the Article on Corporations.

The amendment was read as follows: Amend the Article on Corporations by adding the following immediately after Section 227, page 68. "No city or town having a population of more than six thousand shall have authority to grant to any person, firm, corporation or association the right to use its streets, avenues, alleys or public places for the construction or operation of water works, gas works, telephone or telegraph lines, electric light or power plants, steam or other heating plants, street railroads or any other public utility except railroads, other than street railroads, for a longer period than thirty years."

MR. BOONE‑I do not desire to take up the time of the Convention more than five minutes on that amendment which will be found on the first page of the Committee's report. The object of that amendment is to prevent municipal corporations from granting franchises which are irrevocable for a longer period than thirty years. The experience of all municipalities where that has been done has exemplified that it is not to the interests of the people.  Now, why should it not be done? Some say that it would keep these public utilities from being put in different cities in Alabama. It might as well be said that the establishment of national banks in Alabama would not be done because under the act of Congress regulating national banks, no national bank can be chartered for a longer period than twenty years. Such is the law in Alabama that we have adopted here in reference to banks, and the title by prescription to property is twenty years. Now, let us try and do something in the interests of the people.


4881

CONSTITUTIONAL CONVENTION, 1901

MR. O'NEAL‑I understand you to say the purpose of the amendment is to prevent any irrevocable franchises to corporations. Is that the purpose of it?

MR. BOONE ‑ By municipalities for a longer period than thirty years.

MR. O'NEAL ‑ They cannot grant irrevocable franchises now.

MR. BOONS‑ If the gentleman accepts to the phrase I will reframe it, and say grant any franchise for a longer period than thirty years.

MR. O'NEAL‑I did not want anything in the Constitution to sanction the granting of irrevocable privileges.

MR. BOONE‑ If you will read it on the first page. It does not say anything about being irrevocable at all. It prohibits the grant of a franchise for longer than thirty years.

I move to expunge that much of my argument. (Laughter.)

Now, I desire to read to the Convention an extract from a paper by Mr. Bird S. Coler, Comptroller of the city of New York, addressed to the League of American Municipalities, held at Charleston, S. C., last December, in which he said:

"Here lies the problem then. On the one hand not to discourage entering capital and on the other hand, to place some limit on its profits. Now, if the city makes a poor bargain, but that bargain has only, say twenty-five years to run, there is no great harm done; for twenty-five years is as nothing in the life of a great city, but if the franchise be granted in perpetuity, or a very long period, like that of the New York and Harlem Company, which runs until the year 2389, no matter how advantageous the bargain may seem today, it is likely to appear quite ridiculous one hundred years from now. Short terms for franchises are, therefore, the most important thing. If that principle be strictly adhered to, more than half the fight is won.”

Now, gentlemen, in the city which I have the honor to represent at the present time there is a corporation which has a franchise good until 1942, and an effort is being made to extend that franchise fifty years from that date. I say to you that it is the unanimous opinion of those who have the most intimate knowledge of the principles of the government of the cities of this county, that it is not in the interest of the people to let it be in their power to grant to these corporations charters for a period longer than thirty years. This proposition has been indorsed by the entire Committee on Order, Consistency and Harmony, after thoughtful consideration of it, and I move its adoption.


4882      

OFFICIAL PROCEEDINGS

MR. SMITH (Mobile)‑The purpose of the length of franchises is not always thoroughly understood. Whatever may be the conditions in the wealthier communities, where people can construct their own improvements, the fact is that in the South at any rate, all improvements are constructed by the system of selling mortgage bonds; in other words the plant itself is mortgaged, and the money with which to construct it is raised by a sale of those bonds. Of course it is advisable and necessary, and to the interest of the people, too, that those builds should sell at a fair market value, and the tendency in this age, at any rate, is to issue long and not short term bonds. Bonds issued for a period of ten years will not bring anything like as much as bonds issued for twenty years, the tendency being too long investments.

Now if the franchise is to expire almost immediately after the  expiration or maturity of the bonds, then the property upon which the bonds are given as security, does not amount to any security at all.  For instance, if you take a street railway plant or a lighting plant, or any other plant, and it has a franchise for twenty years, and you issue upon that and put upon the market, bonds which expire in twenty years, no person will want to buy them for the reason that you have the plant, and you use it for twenty years, and get the good of it, and then you default in the payment of your bonds, and the bond holder has no security.  His security has died contemporaneously with the maturity of the bonds, and there is nothing left to the bondholders.

MR. BOONE–Does the law requiring banks to be chartered for more than twenty years National and State prohibit millions of dollars all over the United States from being invested in the stock of those banks, and haven’t they got property also all through the State?

MR. SMITH–Banks have property all through the State?

MR. BOONE–Yes, sir.

MR. SMITH–I do not know it if they have.

MR. BOONE–And hasn’t the street railroad its property at the end of that time?

MR. SMITH‑‑ Yes, it has got its junk if that is what you call property. As far as the banks are concerned. I would say that I never knew a bank to construct its buildings or operate or do its business upon mortgages, and therefore I do not see what banks have to do with the question under discussion.  As to having its property at the expiration of the term. I presume the gentleman knows that nobody would buy bonds upon the condition that when they matured they might take up the old iron and cross ties and sell them for junk.


4883

CONSTITUTIONAL CONVENTION, 1901

Now then as I said, the charters must extend beyond the period of the maturity of the bonds or the bonds will not sell. If you issue twenty year bonds. the franchise ought to extend a sufficient period beyond that time to enable the bond holder to obtain a bond which will be of some value beyond the maturity of the bond.

So far as the conditions in our own city are concerned, although the gentleman who has spoken is the City Attorney, and I presume is advising the city officials in regard to that matter, he is nevertheless mistaken as to the question pending. It is true there are three franchises there which expire at different periods.  There is now a proposition to consolidate the several issues of bonds. I am quite certain that one franchise is perpetual; another expires in something like twenty-five years and the other in thirty-seven years. Now, in order to take in the several issues of bonds upon these several enterprises there is ail effort to make a future period of maturity so that the consolidated bonds can lie made to mature at a later date than the several issues of bonds now outstanding.

MR. BOONE‑ The gentleman has stated that I was a City Attorney. Is it not true that he is attorney for the railway company?

MR. SMITH‑ Yes, for every street railroad in Mobile, I believe, and for every national bank also, but I do not see what bearing that has. Now then there is a proposition in the city of Mobile and I was present as the attorney of the street railroad at the time it was made, to give to the city twelve hundred dollars a year during the forty years they have the free franchise, together with the forty years extension they sought. The committee having the matter under consideration, however, have agreed to recommend twenty-five years. and it stands now, upon the proposition to extend it twenty-five years from the expiration of the present charter. If the gentleman will take his table, he will find that upon a five per cent. basis, that is an offer to give to Mobile a sum or payment which amounts to sixteen thousand and some odd dollars per annum during the extended period, which I believe all who have had it under consideration deem ample compensation, but that of course is entirely aside from this question.

THE PRESIDENT‑ The time of the gentleman has expired.

MR SMITH (Mobile)‑I move to lay the amendment upon the table.

MR. PILLANS‑ When the gentleman's time has expired. I do not believe he has the floor to make the motion, and therefore I think that I am entitled to recognition.


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OFFICIAL PROCEEDINGS

THE PRESIDENT‑ The Chair will entertain a motion made before the gentleman tables his seat. It has been the custom to do so.

Upon a vote being taken, a division was called for and by a vote of 24 ayes and 49 noes, the motion to table was lost.

MR. GRAHAM (Montgomery)‑Before the motion was entered to lay the amendment upon the table I intended to submit my views upon the proposition offered by my friend from Mobile (Mr. Boone), but was cut off. It has been frequently said in this Convention since we have been in session that this, that or another proposition was a matter for legislation, with more or less accuracy. If there is any matter which is the subject of legislation and should be left to be passed upon by the Legislature, this is the one.  It is not intended by those who are familiar with the government of municipal corporations that laws should be enacted which would be inelastic. Within a certain circle and within a certain time and within certain circumstances, the laws should be fixed but when it comes to matters of policy, instead of matters of principle, they should be relegated to the Legislature or to the legislative body governing the municipality. As said by my distinguished friend from Mobile (Mr. Smith) public utilities are not elected by one man or by two men or by three men, but by an aggregation of money through an organization known as a corporation. It is absolutely impossible to build a street railroad, waterworks, and other utilities which are of the highest value to municipalities, without the aggregation of capital in a corporation. If this law becomes a part of the Constitution, the fundamental law of the State of Alabama being inelastic in its nature, the days of improvements the days of building public utilities and the days of prosperity of municipalities in the State of Alabama are gone, and those cities which may, in the future, desire them will be absolutely cut off from the benefits which would arise from having such utilities in their streets, over or under thetas. I say it is unwise for us to incorporate a platter of policy in this Constitution. It should be left to the General Assembly and extended by that body, to the legislative authority of the municipality, surrounded by proper restrictions so that no harm can result to the people of the municipality. I think, upon a second consideration, the members of this Convention will be bound to arrive at the conclusion that a gross injustice will be done to ambitious cities in Alabama that are without these utilities. If the amendment is adopted, the Convention will do an injustice and a harm to them. The older cities of the State, most of them, have these utilities. The cities of Birmingham, Mobile, Montgomery, Huntsville and Selma, have them nearly all, but should this amendment become a law, the other cities of Alabama will be absolutely cut off from their benefits and their people will be injured for many years to come. I say this is not


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CONSTITUTIONAL CONVENTION, 1901

the time, this is not the place, and the Constitution is not the instrument which should control a subject of this character. It might be, by general language, put into the fundamental law; but the time of limitation, the time within which these rights should be exercised, should be left to the control of the Legislature. I hope the Convention, when they come to vote upon this proposition, will take into consideration the other cities in the State in addition to those which already enjoy these utilities.

MR. PILLANS‑I had not expected to address myself to the Convention upon this subject, because, it seemed to me, to address itself so plainly to the favorable Judgment of the members, and that on its face so plain was the propriety of the adoption of the clause, that I did not think it would be worth while to make an argument, but in view of what has been said against it, I shall submit some views upon the subject. In the first place, as to the contrast of the weaker cities with the greater ones, anti the contrast between their opportunities, it will be observed that this proposed amendment only applies to those cities which exceed six thousand in population. Those that have less are not included in the proposition at all. Now, with regard to the towns of six thousand population or more, it says:

"No city or town, having a population of more than six thousand, shall have authority to grant to any person, firm, corporation or association, the right to use its streets, avenues, alleys or public places for the construction or operation of water works, gas works, telephone or telegraph lines, electric light or power plants, steam or other heating plants, street railroads, or any other public utility, except railroads other than street railroads, for a longer period than thirty years."

Such franchise, if once granted, plainly establishes a monopoly, as any man can see; the city of Montgomery today is suffering under a monopoly in the street railroad business. My friends from Montgomery will hardly deny this, and no man in this Convention has failed to suffer from the inconveniences that come from abuses of their franchise by the concern that has this practical monopoly of the streets of Montgomery. For what period they have the monopoly, I do not know, but a gas works, an electric light plant and a street railroad plant, once established, is essentially a monopoly.

MR. GRAHAM (Montgomery)‑Will the gentleman from Mobile please define whether or not he uses the word monopoly in its restricted or general sense?

MR. PILLANS‑I use it in its practical sense.

MR. GRAHAM‑-Will the gentleman permit me to make a statement to him with reference to the situation in Montgomery?


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OFFICIAL PROCEEDINGS

MR. PILLANS‑-Certainly.

MR. GRAHAM-‑I state that there is no monopoly in Montgomery with reference to the street railways.

MR. PILLANS‑ There is no monopoly in a legal sense, but when the city has granted the use of its streets, Dexter Avenue, for instance, to a particular railroad company, this grant and the construction of the railway practically works a monopoly, because nobody else can find room to lay tracks, and that is the case in Montgomery and Mobile. So it is with a gas works concern, in any town when its mains are laid throughout the city, it is a practical monopoly, and we all know that. The necessity for the passage of this law is best illustrated by, what is going on in the city of Mobile, as frankly avowed to you by my distinguished colleague who has spoken to this question. There are but two railway companies in that city and they are now consolidated with the gas works and the electric light plant. For their interest, not for the interest of the public, this consolidated concern has proposed to Mobile that the city shall extend the life of their franchises forty years on top of franchises that will not run out for forty years yet. In other words. they say today to that municipality; Tie yourselves up, practically, for eighty years, that is, for nearly three generations‑-and what do you suppose is the chief offer of compensation that was originally made?  I do not know what it is now. Among other things, they said they would furnish gas to the people at, I believe it was, $1.80 a thousand, when all the municipalities of the United States are crying out for "dollar gas." and some of them are getting it at $1 per 1,000, yet the great privilege we were to have for selling our birthright to them for eighty years was the mess of pottage of $1.80 gas in one of the cheapest coal cities in the United States, next to those to the immense coal producing sections. Mobile stands with the rail rates given on coal, as one of the cheapest coal ports in the Union.

That is an example of the way, the city's rights are liable to be frittered away by the city authorities because they are not protected by a constitutional provision which will keep this generation from giving away that which should belong to the next generation.

MR. SMITH (Mobile)‑You do not mean that is the proposition now offered.

MR. PILLANS‑I do not know what the proposition is that is now extended. That was the original proposition, to give us gas at $1.80. I saw it in the newspapers. My friend represents all the street railroad companies which, by the way, were two, but are now, merged into one. Now, it is urged that there would be no improvements put in the towns unless you gave a longer duration to the franchise than thirty years. Do the gentlemen show to you that in the modern cities of the nation a longer franchise


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CONSTITUTIONAL CONVENTION, 1901

is given than thirty years? It was shown by Mr. Coler in the extract read by my colleague, Mr. Boone , that thirty years was the extreme time for which a franchise should be given. Has the experience of other cities shown that lie was wrong? If the bonds should be issued for twenty years, my colleague who last spoke says purchasers would not take these bonds upon which these things are to be constructed unless the franchise had more than ten years to run after the expiration of the bonds, because he says there would be nothing left but junk at the expiration of the franchise. I will call your attention to the unsoundness of that proposition. In the city of Montgomery some gentlemen proceeded against the water works company that used to supply this fair city with water, by quo warrant to proceedings, based on the fact that they used Alabama River, water and not pure water, and delivered it to their patrons in violation of their charter. Their charter was forfeited and annulled, and their franchise came to a sudden end, and what was the result?  Did it result that they lost all they had? Don't you know that the property of that water works company was a tremendous asset of great value, which was afterwards sold, dollar for dollar of the amount of the bonds which were outstanding? So, it will not do to say that if you want to promote enterprise in a certain city by encouraging the putting in it of most endless franchises on the ground that otherwise the investors buying the corporate bonds will be in danger, if the bonds be twenty year bonds, because at the end of the twenty years the company has got nothing. The plant of a water works or a gas company or a street railroad company is not junk when the franchise terminates. It is most valuable.

You charter banks for twenty years. You have just said that every bank in the State of Alabama shall wind up in twenty years.  Dose its property become valueless at the end of twenty years?  Does it lose its assets at the end of twenty years?

MR. GRAHAM (Montgomery)‑Is it not a fact that ample provision is made for the extension of Dank charters?

MR. PILLANS‑ No sir.

THE PRESIDENT‑‑ The time of the gentleman has expired.

MR. PILLANS‑‑I move the previous question upon the amendment and the Section.

MR. SAMFORD (Pike)‑I move to lay the amendment upon the table.

MR. BOONE‑I make the point of order that the motion has been put.

THE PRESIDENT‑ The motion is not in order, because it has been voted upon by the Convention. The question is shall the main question be now put?


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OFFICIAL PROCEEDINGS

Upon a vote being taken the main question was ordered.

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

Upon a vote being taken the amendment was adopted.

MR. FOSTER‑ The Committee desires to offer an amendment. On page 72, line 2, by some oversight of both the Committee on Corporation, and the Committee on Harmony, we overlooked the fact that the Section as written stated that the jurisdiction should be in the "county." The Committee asks that it be made to react "That the Circuit Court or any other court of like jurisdiction in" be inserted at the beginning of that sentence, so that it will react "the Circuit Court or any other court of like jurisdiction in any county," etc.

THE PRESIDENT–The gentleman from Tuscaloosa, representing the Committee on Order, Consistency and Harmony, asks unanimous Consent to insert the word, indicated by him.

The consent was given, and amendment allowed.

MR. WILLIAMS (Marengo)‑I have an amendment.

The amendment was read as follows:

Amend the Article by adding Sec. ‑-.

Section ‑ Neither the State of Alabama, nor any subdivision thereof shall engage in the sale or purchase of spirit otis, vinous or malt liquors in the manner commonly called and known as dispensaries, but such subdivision, of said State as are now engaged in such business shall not be affected thereby, but shall continue in such business until such time as they may hereafter be forbidden by law.          

MR. WILLIAMS‑I yield my time to Mr. Long of Walker.

MR. LONG (Walker)‑I am not a very good advocate and do not intend to make a speech but I will say I and strictly opposed to legalizing the whiskey traffic in Alabama. If you will all consult your dictionaries, you will find the word dispensary means a place where medicines are distributed gratis, and up until the time Ben Tillman advocated the dispensary in South Carolina, it had been recognized ever since the time when John Wesley way back in the seventeenth century established a dispensary in London.

"Dispensary as used now is another word for "rum shop" though it is more respectable, and therefore the church people used the word "dispensary” instead of "rum shop" or "rum dive." We have seen the effects of dispensaries in this State. We know the effect, in towns in this State where they do business, and where they do good, and there are certain other localities where


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CONSTITUTIONAL CONVENTION, 1901

they may do a great deal of harm. If it is wrong for the church to sell whiskey it is certainly wrong for anybody else, and vice versa. If whiskey is to be sold, it should be sold by whiskey men, by saloon‑keepers. If gambling is to be done, it should be done by gamblers, and not by church members. The broad principle of right or wrong looking at it from a Democratic standpoint, no State, county or municipality has the right to engage in any private business, especially for profit, to the exclusion of any of its citizens. From a Democratic standpoint that cannot be denied. It can only be excused, and the advocates of this excuse it because they say it is good for the morals of the communities, I deny that.  More drunkards are created in these prohibition towns, because they buy it by the jug full or bottle full and take it off in rooms and drink it, and it is worse than drinking it over the bar. I hope the amendment will be adopted.

MR. BEDDOW‑ In view of the fact that the dispensary business is of such ancient origin, having originated back in the seventeenth century (laughter) I move that we keep it up, and move to lay the amendment upon the table.

Upon a vote being taken the amendment was laid upon the table.

MR. BEDDOW‑I move the previous question upon the adoption of the Article.

THE PRESIDENT‑ The previous question is moved upon the adoption of the Article. The question is shall the main question be now put.

Upon a vote being taken the main question was ordered.

Upon a further vote being taken the Article was adopted.

MR. SMITH (Mobile)‑The Committee on Rules would be glad to report if it is in order. The Committee desires to report favorably on Resolution 329.

Resolution 329 by Mr. Eyster was read as follows:

Resolution 329 by Mr. Eyster:

"Whereas, The members of the Committee on Harmony completed their labors before the reassembling of the Convention and returned to their respective homes: and. whereas, it would he unjust and inequitable for them not to receive their mileage, as other members, there be it

"Resolved, That the members of the Committee on Order, Consistency and Harmony be allowed their mileage the same as the other members of this Convention."


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OFFICIAL PROCEEDINGS

THE PRESIDENT‑ The question will be on the adoption of the resolution.

Upon a vote being taken the resolution was adopted.

MR. SMITH (Mobile)‑I desire to report Resolution 331.

The resolution and substitute were read as follows:

"Resolved, first, that all leaves of absence of members of the Convention be and the same are hereby, revoked, to take effect on Monday, the second day of September, 1941, at 12 o'clock, Meridian, and that no further leaves of absence be granted beyond said tune. Second, that the Secretary of this Convention is instructed to notify absent members to return at said time."

The substitute was read as follows:

"Resolved, that all leaves of absence to members of this Convention, except on account of sickness be and they are, hereby revoked, to take effect on "Tuesday, September 3rd, at 9 a.m., and no further leave of absence shall be granted.

"Be it further resolved,” That the Secretary of the Convention be instructed to notify the absent members to return at said time.

THE PRESIDENT‑ The question is on the adoption of the substitute.

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

Article XIII on Banks and Banking was read as follows:

ARTICLE XIII.

Banks and Banking.

246. The Legislature shall not have the power to establish or incorporate any bank or banking company, or moneyed institution, for the purpose of issuing bills of credit, or bills payable to order or bearer, except under the conditions prescribed in this Constitution.

247. No bank shall be established otherwise than under a general banking law, nor otherwise than upon a specie basis: provided, that any bank may be established with authority to issue bills to circulate as money in an amount equal to the face value of bonds of the United States, or of this State, convertible into specie at their face value, which shall, before such bank is authorized to issue its bills for circulation, be deposited with the State Treasurer, or other depository prescribed by law, in an amount equal to the aggregate of such proposed issue, with power in such Treasurer or depository to dispose of any or all of such bonds for a sufficient amount of specie to redeem the circulating notes of such hank at any time and without delay, should such bank suspend specie payment or fail to redeem its notes on demand.


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CONSTITUTIONAL CONVENTION, 1901

248. All bills or notes issued as money shall be at all times redeemable in gold or silver, and no law shall be passed sanctioning, directly or indirectly, the suspension by any bank or banking company of specie payment.

249. Holders of bank notes and depositors who have not stipulated for interest, shall, for such notes and deposits, be entitled in case of insolvency, to preference of payment over all other creditors; provided, this section shall apply to all banks, whether incorporated or not.

250. Every bank or banking company shall be required to cease all banking operations within twenty years from the time of its organization, unless the time be extended by law, and promptly thereafter close its business; but after it has closed its business it shall have corporate capacity to sue and shall be liable to suits until its affairs and liabilities are fully closed.

251. No bank shall receive, directly or indirectly, a greater rate of interest than shall be allowed by law to individuals for lending money.

252.  Neither the State nor any political subdivision thereof ever be given or lent to any banking company, association or corporation.

253. The Legislature shall be appropriated laws provide for the examination by some public officer, of all banks and banking institutions and trust companies engaged in a banking business in this State; and each of such banks and banking companies of institutions shall, through its president or such other officer as the Legislature may designate, make a report under oath of its resources and liabilities at least twice a year.

254. The provisions of this Article shall apply to all banks except to national banks, and to all trust companies and individuals doing a banking business, whether incorporated or not.

MR. BEDDOW‑‑‑I move the adoption of the Article, and upon that move the previous question.

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

Upon a vote being taken the main question was ordered.

MR. deGRAFFENREID ‑I was trying to call attention to the fact that the gentleman from Marengo has an amendment to offer which the Chairman of the Committee said the Committee would not oppose.

MR. FLETCHER‑‑ No, I did not say that. I said that I, personally, did not oppose it.

THE PRESIDENT‑ The previous question has been ordered, and unless the Convention desires to recede from that then the Chair will submit the question on the adoption of the Article.

Upon a vote being taken, the Article was adopted.


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OFFICIAL PROCEEDINGS

MR. EYSTER‑I will call attention to the fact that the resolution reported by the Committee on Rules a moment ago, with reference to the payment of mileage to members, under the rules, I think, would have to be passed by an aye and no vote.

THE PRESIDENT‑ In the opinion of the Chair, the Committee on Harmony would have been entitled to their mileage tinder the regular order of this Convention, and it was merely limited by a resolution passed lay this Convention, and it seems to the Chair another resolution repealing that resolution would not have to be passed by an aye and no vote.

MR. EYSTER‑ But that Committee is expressly excluded from the operation of that resolution.

THE PRESIDENT ‑Their general right to mileage under an ordinance which this Convention passed about a month ago extending the time of the Convention.

Article XIV on Education was read as follows:

ARTICLE XIV

Education

255. The Legislature shall establish, organize and maintain a liberal system of public schools throughout the State for the benefit of the children thereof between the ages of seven and twenty-one years. The public school fund shall he apportioned to the several counties in proportion to the number of children of school age therein, and shall be so apportioned to the schools in the districts or townships in the county as to provide, as nearly as practicable, school terms of equal duration in such school districts or townships. Separate schools shall be provided for white and colored children, and no child of ether race shall be permitted to attend a school of the other race.

256. The principal of all funds arising from the sale or other disposition of lands or other property, which has been or may here after 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 arising therefrom shall be faithfully applied to the specific object of the original grants or appropriations.

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

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


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CONSTITUTIONAL CONVENTION, 1901

259. The income arising from the sixteenth section trust fund, the surplus revenue fund, until it i5 called for by the United States government, and the funds enumerated in Sections 256 and 257 of this Constitution, together with a special annual tax of thirty cents on each one hundred dollars of taxable property in this State, which the Legislature shall levy, shall be applied to the support and maintenance of the public schools, and it shall be the duty of the Legislature to increase the public school fund from time to time, as necessity therefor and the condition of the treasury and the resources of the State may justify; provided, that nothing herein contained shall be so construed as to authorize the Legislature to levy in any one year a greater rate of State taxation for all purposes, including schools, than sixty-five cents on each one hundred dollars' worth of taxable property; and provided further, that nothing contained shall prevent the Legislature from first providing for the payment of the bonded indebtedness of the State and interest thereon out of all the revenues of the State.

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

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

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

263. The State University shall be under the management and control of a board of trustees which shall consist of two members from the Congressional District in which the University is located, one from each of the other Congressional Districts in the State, the Superintendent of Education and the Governor, who shall be ex officio president of the board. The members of the board of trustees as now constituted shall hold office until their respective term; expire under existing law, and until their successors shall be elected and confirmed as hereinafter required. Successors to those trustees whose terms expire in 1902 shall hold office until 1907: successors to those trustees whose terms expire in 1904 shall hold office until 1911 successors to those trustees whose terms expire in 1906 shall hold office until 1915: and thereafter their successors shall hold office for a term of twelve years. When the term of any member of such board shall expire, the remaining members of the board shall be secret ballot elect his successor; provided, that any trustee so elected shall hold office from the date of his election until his confirmation or rejection by the Senate, and, if confirmed, until the expiration of the term for which he was elected, and until his successor is elected. At every meeting of the Legislature, the Superintendent of Education shall certify to the Senate the names of all who shall have been so elected since the last session of the Legislature, and the Senate


4894                              

OFFICIAL PROCEEDINGS

shall confirm or reject them, as it shall determine is for the best interest of the University. If it rejects the names of any members, it shall thereupon elect trustees in the stead of those rejected. In case of a vacancy on said board, by death or resignation of a member or from any cause other than the expiration of his term of office, tile hoard shall elect his successor, who shall hold office until the next session of the Legislature. No trustee shall receive any pay or emolument other than his actual expenses incurred in the discharge of his duties as such.

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

265. The Alabama Polytechnic Institute, formerly called the Agricultural and Mechanical College, shall be under the management and control of a board of trustee, which shall consist of two members from the Congressional District in which the Institute is located, and one each of the other Congressional Districts in the State; said trustees shall be appointed by the Governor, by and with the advice and consent of the Senate, and they shall hold office for a term of twelve years, and until their successors shall be appointed and qualified. The board shall be divided into three classes, as nearly equal as may be so that one-third may be chosen quadrennially.  Vacancies occurring in the office of trustees from death or resignation, and the vacancies regularly occurring in 1905, shall be filled by the Governor, and such appointee shall hold office until the next meeting of the Legislature. Successors to those trustees whose terms expire in 1903 shall hold office until 1911: successors to those whose terms expire in nineteen hundred and five shall hold office until nineteen hundred and fifteen; and successors to those whose terms of office expire in nineteen hundred and seven shall hold office until nineteen hundred and nineteen. No trustee shall receive any pay or emolument other than his actual expenses incurred in the discharge of his duties as such.

266. The Legislature shall not have power to change the location of the State University, or the Alabama Polytechnic Institute, or the Alabama Schools for the Deaf and the Blind, or the Alabama Girls' Industrial School, as now established by law, except upon a vote of two-thirds of the Legislature taken by yeas and nays and entered upon the journals.

267. The Legislature shall provide for taking a school census by townships and districts throughout the State not oftener than once in two years, and shall provide for the punishment of all persons or officers making false


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CONSTITUTIONAL CONVENTION, 1901

or fraudulent enumerations and returns; provided, the State Superintendent of Education may order and supervise the taking of a new census in any township, district or county whenever lie may have reasonable cause to believe that false or fraudulent returns have been made.

268. The several counties, in this State shall have power to levy and collect a special tax not exceeding ten cents on each one hundred dollars of taxable property in such counties, for the support of public schools; provided that the rate of such tax, the time it is to continue, and the purpose thereof, shall have been first submitted to a vote of the qualified electors of the county, and voted for by three-fifths of those voting at such election; but the rate of such special tax shall not increase the rate of taxation, State and county combined, in any one year, to more than one dollar and twenty-five cents on each one hundred dollars of taxable property; excluding, however, all special county taxes for public buildings, roads, bridges and the payment of, debts existing at the ratification of the Constitution of eighteen hundred and seventy-five. The funds arising from such special school tax shall be so apportioned and paid through the proper school officials to the several schools in the townships and districts in the county that the school terms of the respective schools shall be extended by such supplement as nearly the same length of time as practicable; provided, that this section shall not apply to the cities of Decatur, New Decatur and Cullman.

269. The provisions of this article and of airy act of the Legislature passing in pursuance thereof to establish, organize and maintain a system of public schools throughout the State, shall apply to Mobile county only so far as to authorize and require the authorities designated by law to draw the portions of the funds to which said county shall be entitled for school purposes and to make reports to the Superintendent of Education as may be prescribed by law; and all special incomes and powers of taxation as now authorized by law for the benefit of public schools in said county shall remain undisturbed until otherwise provided by the Legislature; provided, that separate schools for each race shall always he maintained by said school authorities.

THE PRESIDENT-The question will be upon the adoption of the article.

MR. CASE‑I have an amendment which I wish to offer.

Amend the report of the Committee on Education on page 79 by striking out all the words after the conjunction "and" proceeded by a semicolon in the 12th line up to the word "the" preceded by the 14th line.

THE PRESIDENT‑ The question will be on the adoption of the amendment offered by the gentleman from DeKalb.

MR. CASE‑I wish to say, Mr. President that it is not my amendment personally, only, but I am requested by the people of


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OFFICIAL PROCEEDINGS

DeKalb, whom I have endeavored to the best of my ability to represent.

Mr. President, under the old Constitution, Mobile is allowed special privileges. She is allowed to retain for her public schools all the revenue derived from the sale of whisky in the city of Mobile, besides she shares equally in the general funds of the State of Alabama to the detriment of the rest of the counties of this noble State. Mr. President, under the old Constitution it allow, the General Assembly of Alabama to alter that organic law whenever it may see proper. This is an injustice, and I leant to say, Mr. President, that I had the honor several years ago to represent upon this floor those people of North Alabama, and I want to say, Mr. President, that there is no hope to ever change that provision by the General Assembly of the State of Alabama, that they, give free rides to the city of Mobile, that they carry those representatives, as it were in the palms of their hands, and when a question pertaining to the sacred rights of the people of Alabama comes up, they are ready to trample down those rights. Mr. President, more than once has it been hurled in my face that I am no Democrat, but I want to say, Mr. President, that on the principles of the Democracy of Thomas Jefferson of equal and exact justice and privilege to all men of whatever state of persuasion, equal and exact privileges and special privileges to none, I am as good a Democrat as stands beneath the canopy of heaven, on equal and exact justice to all men‑ Jeffersonian principles ‑but they tell me that Thomas Jefferson is dead, but those principles will live in the minds of the American people forever and forever.

MR. MULKEY‑I rise to a point of order, the gentleman is not addressing himself to the amendment.

THE PRESIDENT‑ The Chair was unable to follow the gentleman in his eloquent address, and is therefore unable to say whether he confined himself to the question or not.

MR. CASE‑I want to say to say to you that it don't matter with me by whatever name I am called, I want to be patriotic, and I want to be just, and I want to be fair. It has been said lay one of the greatest exponents of patriotism that if we wish to raise up a race of statesmen higher than politicians, we should follow the characters celebrated in the Bible‑ Joseph and Moses. Josiah and Samuel, Daniel and Paul, and teach to them the gentle wisdom of Jesus Christ. As true patriots our object should be our country, our whole country and nothing but our country, and by the blessings of God should become a vast and splendid monument, not oppression or tyranny, but peace and liberty upon the world may gaze with admiration forever. Mr. President, how shall Alabama become a monument upon which the whole world may gaze with admiration forever, but she can never be so if governed by unequal privileges.


4897

CONSTITUTIONAL CONVENTION, 1901

THE PRESIDENT‑ The tune of the gentleman from DeKalb has expired.

MR. GRAHAM (Talladega)‑ I move to lay the amendment on the table.

MR. CASE- I hope the Convention will be courageous enough to take the ayes and noes upon this proposition.

THE PRESIDENT‑‑ The ayes and noes are demanded, is the demand sustained?

The call was not sustained.

Upon a vote being taken the amendment was laid upon the table.

MR. FOSTER ‑ These matters having been considered by the committee I move that the rules be dispensed with, and that the article be not referred back to the Committee on Harmony.

MR. KYLE‑I have an amendment.

The Secretary read the amendment as follows:

Amend Article XIV on Education by striking out Section 268.

THE PRESIDENT‑‑‑ The question will be on the adoption of the amendment offered by the gentleman from Etowah.

MR. KYLE‑I offer this amendment in order to secure twenty thousand votes in North Alabama who are unwilling for any county to have the special privileges that Mobile has. Under the existing statutes Mobile draws three dollars and eighty-eight cents per capita for schools.

MR. SPRAGINS‑I rise to a point of order. The gentleman is not speaking to the amendment, he has the wrong section.

The amendment was changed to apply to Section 269.

MR. KYLE‑As I was remarking Mobile draws three dollars and eighty-eight cents‑ I obtained the figures from the Superintendent of Education‑ whereas other counties only receive one dollar and thirty-eight cents. This would be a terrible thing in the hands of the enemies of the Constitution with which to fight its adoption in North Alabama, and as Mobile claims this, under statutory provision, there is no necessity for it in this Constitution, and I think it wise to strike that out in order to get us a better chance for the adoption of the Constitution all over the State where other counties only get one dollar and thirty-eight cents as compared with three dollars and eighty-eight cents in Mobile county.

I hope the amendment will be adopted.


4898      

OFFICIAL PROCEEDINGS

MR. GRAHAM (Talladega)‑This matter has been fully discussed before the Convention several times, and I move to lay the amendment upon the table.

A vote being taken the motion to table prevailed.

MR. BEDDOW‑I move the adoption of the article as amended and call for the previous question.

The previous question was ordered, and a further vote being taken the article was adopted.

MR. WHITE‑As the amendments are very immaterial and have already been considered by the Committee on the Order, Consistency and Harmony, I move that the rules he suspended and the usual reference to that committee be dispensed with.

A vote being taken the motion was adopted.

MR. deGRAFFENREID‑ I ask unanimous consent to be allowed to introduce a resolution.

Leave was granted.

The Secretary read the resolution as follows: "Resolved, that the Convention remain in session until two o'clock today unless the work now before it is sooner completed.

MR. deGRAFFENREID‑ I want to state that we can get through in fifteen of twenty minutes, and I move the suspension of the rules for the purpose of putting the resolution on its passage.

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

The Secretary read Article XV, Militia, as follows:

ARTICLE XV

Militia, etc.

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

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

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


4899

CONSTITUTIONAL CONVENTION, 1901

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

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

275. The Governor shall, with the advice and consent of the Senate, appoint all general officers whose term of office shall be four years. The Governor, the generals and regimental and battalion commanders shall appoint their own staffs, as may be provided by law.

276. The Legislature shall provide for the safe keeping of the arms, ammunition and accoutrements and military records, banners and relics of the State.

277. The officers and men of the militia and volunteer forces shall not be entitled to or receive any pay, rations, or emoluments when not in active service.

THE PRESIDENT‑ The question is on the adoption of the Article.

MR. BEDDOW‑I move that the Article be adopted and upon that I call for the previous question.

The main question was ordered, and a further vote being taken the Article was adopted.

MR. WHITE‑I ask unanimous consent to make a report from the Committee on Harmony.

The Secretary read the report as follows:

Report of the Committee on Order, Harmony and Consistency of the Constitution:

Mr. President:

Your Committee to which was re-referred Article VII on Impeachments respectfully report that they have examined the Article and the amendments thereto, and find the same correct, and in proper form, except the two amendments to Section 173, which have been rewritten and incorporated in said section, which section as amended and rewritten, has been incorporated into the Article and is herewith returned to the Convention with the recommendation that it be adopted.

Respectfully submitted,

Frank S. White, Chairman.


4900      

OFFICIAL PROCEEDINGS

ARTICLE VII

Impeachments

The Governor, Lieutenant Governor, Attorney‑ General, State Auditor, Secretary of State, State Treasurer, Superintendent of Education, Commissioner of Agriculture and Industries and Justices of the Supreme Court may be removed from office for wilful neglect of duty, corruption in office, incompetency, or intemperance in the use of intoxicating liquors or narcotics to such an extent, in view of the dignity of the office and importance of its duties, as unfits the officer for the discharge of such duties or for any offense involving moral turpitude, while in office or committed under color thereof or connected therewith, by the Senate, sitting ‑is a court of impeachment, under oath or affirmation oil articles or charges preferred by the House of Representatives.

When the Governor or Lieutenant Governor is impeached, the Chief Justice, or if he be absent or disqualified, then one of the Associate Justices of the Supreme Court to be selected by it, shall preside over the Senate when sitting as a court of impeachment.

If at any time when the Legislature is not in session, a majority of all the members elected to the House of Representatives shall certify in writing to the Secretary of State their desire to meet, to consider the impeachment of the Governor, Lieutenant Governor or other officer administering the office of Governor, it shall be the duty of the Secretary of State immediately to notify the Speaker of the House, who shall, Within ten days after receipt of such notice, summon the members of the House lay publication in some newspaper, published at the capital, to assemble at the Capitol on a day to be fixed by the Speaker, not later than fifteen days after the receipt of the notice to hint from tile Secretary of State, to consider the impeachment of the Governor, Lieutenant Governor, or other officer administering the office of Governor.  If the House of Representatives prefer articles of impeachment, the Speaker of tile House shall forthwith notify the Lieutenant Governor, unless he be the officer impeached, in which event, he shall notify the Secretary of State. who shall summon, in the manner hereinabove provided for, the members of the Senate to assemble at the Capitol on a day to be named in said summon, clot later than ten days after receipt of the notice from the Speaker of the House for the purpose of organizing as a court of impeachment, the Senate when then organized, shall hear and try such articles of impeachment against the Governor, Lieutenant Governor or other officer exercising the powers of the office of Governor, as may be preferred by the House of Representatives.

The Chancellors, Judges of the Circuit Courts, Judges of the Probate Courts and judges of other Courts. from which an appeal may be taken directly to the Supreme Court and Solicitors and


4901

CONSTITUTIONAL CONVENTION, 1901

Sheriffs, may be removed from office for any of the causes specified in the preceding section. or elsewhere in this Constitution by the Supreme Court under such regulations as may be prescribed by law. The Legislature may provide for the impeachment or removal of other officers than those named in this Article.

The Clerks of the Circuits or Courts of like jurisdiction, of Criminal Courts, Tax Collectors, Tax Assessors, County Treasurers, County Superintendents of Education. Judges of Inferior Courts created under authority of Section 168 of this Constitution.  Coroners, Justices of the Peace, Notaries Public, Constables and all other County officers, Mayors, intendants and all other officers of incorporated cities, and towns in this State, may be removed from office for any of the causes specified in Section 143 of this Constitution by the Circuit or other courts of like jurisdiction, or a criminal court of the County in which such officers hold their office under such regulations as may lie prescribed by law; provided, that the right of trial by jury and appeal in such cases shall he secured.

The penalties in cases arising under the three preceding sections shall not extend beyond removal from office and disqualification from holding office, under the authority of this State for the term for which the officer was elected or appointed, but the accused shall ire liable to indictment and punishment as prescribed by law.

MR. WHITE‑I move the adoption of the report.

Upon a vote being taken, the report was adopted.

THE PRESIDENT‑ The question will lie upon the adoption of the Article.

MR. WHITE‑ The Committee has made some changes in the amendment as was adopted by the Convention; therefore, I think it is necessary to adopt it as amended.

A vote being taken the Article as amended was adopted.

MR. WHITE;‑I desire to ask unanimous consent to offer another report from the same committee.

Leave was granted.

The Secretary read the report as follows

Report of the Committee on Order, Harmony and Consistency of the Constitution:

MR. PRE,SIDENT‑ Your Committee, to which was referred the Article on Suffrage and Elections, respectfully report that the amendments adopted by the Convention have been put in proper form and are herewith returned to the Convention with the recom‑


4902      

OFFICIAL PROCEEDINGS

mendation that they be adopted as amended, and incorporated in said Article.

Respectfully submitted,

Frank S. White, Chairman,

First‑ Those who can read and write any Article of the Constitution of the United States in the English language and who are physically unable to work, and those who can read and write any Article of the Constitution of the United States in the English language and have worked or been regularly engaged in some lawful employment, business or occupation, trade or calling for the greater part of the twelve months next preceding the time they offer to register; and those who are unable to lead and, write if such inability is due solely to physical disability ; or,

THE PRESIDENT ‑The question is on the adoption of the amendment.

A vote being taken, the amendment was adopted, and, on a further vote the Article as amended was adopted.

The Secretary read Article XVI. Oath of Office, as follows:

ARTICLE XVI

Oath of Office

278. All members of the Legislature, and all officers, executive and judicial, before they enter upon the execution of the duties of their respective offices, shall take the following oath or affirmation:

"I,______, solemnly swear (or affirm, as the case may be,) that I will support the Constitution of the United States, and the Constitution of the State of Alabama, so long as I continue a citizen thereof ; and that I will faithfully, and honestly discharge the duties of the office upon which I am about to enter, to the best of my ability. So help me God."

This oath may be administered by the presiding officer of either house of the Legislature, or by any officer authorized by law to administer an oath.

MR. BEDDOW‑I move that the Article be adopted.

A vote being taken, the Article was adopted.

The Secretary read Article XVII. Miscellaneous Provisions, as follows :


4903

CONSTITUTIONAL CONVENTION, 1901

ARTICLE XVII

Miscellaneous Provisions

279. No person holding an office of profit under the United States, except postmasters, whose annual salaries do not exceed two hundred dollars, shall during his continuance in such office hold any office of profit under this State; nor, unless otherwise provided in this Constitution, shall any person hold two offices of profit at one and the same time under this State, except justices of the peace, constables. notaries public and commissioners of deeds.

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

281. It is made the duty of the Legislature to enact all laws necessary to give effect to the provisions of this Constitution.

MR. BEDDOW‑ I desire to offer an amendment.

The Secretary read the amendment as follows:

"After the first day of January, 1904, the labor of convicts shall not be let out by contracts to any person, co-partnership, company, or corporation and the Legislature shall by law provide for the working of convicts for the benefit of the State and the various counties thereof."

THE PRESIDENT‑ The question is on the amendment offered by the gentleman from Jefferson.

MR. BEDDOW‑I promise the President and the Convention that I will not consume much of their time on this question, though it is one near to my heart, and near to the heart of my people. For a number of years the convicts of the entire State have been saddled upon Jefferson County. They have been worked in the mines of that county for years, and every convict worked in the mines takes the place of free labor, and all that we desire to do in this matter is to secure some plan similar to that in other States of the Union ,where the convicts are employed in matters of public improvement. For a number of years we have been laboring to get rid of this incubus on Jefferson Count‑. Every other division of this State has had some courtesy shown it‑ the Black Belt, South Alabama, and Mobile, but Jefferson County and North Alabama now ask to be relieved of this incubus. My amendment makes it the duty of the Legislature after the first of January, 1904, to remove from the mines of Jefferson County convict labor.  In our recent Legislature my colleague. (Dr. Cunningham), made a gallant fight along this line and lost. He is a member of this


4904                  

OFFICIAL PROCEEDINGS

Convention and is in hearty sympathy with this movement, and no doubt you will endorse this action by an able speech on this occasion. If you will do this for Jefferson County, I, for one, would be willing to leave my office and devote my time from now on until the election upon the ratification of this Constitution, and proclaim it throughout the length and breadth of the State of Alabama, and to recommend it with my heart to everyone of our constituents. I believe that Jefferson County will march up as a solid phalanx and unbroken column to the support of this Constitution if you will do this for them, and it is asking no more than they deserve. They have borne this burden long enough, these convicts ought to be taken out of the mines and work upon public improvements and roads of the State, and without detaining you longer, gentlemen of the Convention, I will close by asking that you pass this resolution.

MR. deGRAFFENREID‑‑‑ I move to 1ay the amendment of the gentleman from Jefferson on the table.

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

The call was not sustained.

            A vote being taken, the motion to table prevailed.

MR. BEDDOW‑‑‑I desire to offer another amendment.

The Secretary read the amendment as follows:

“Amend Article on Miscellaneous Provisions by adding a new Section as follows: 'After January 1st, 1904, no convict sentenced to hard labor for the county shall be let out by contract to any person, copartnership, company or corporation outside of the county in which conviction is had, nor shall any person convicted of misdemeanor be worked in any coal, ore, or other underground mine by serving sentence.’ ”

MR. BEDDOW‑ The difference between that Section that I have offered, and the one that has been voted down, is this, that it limits the convicts that are sent to the mines to felony cases, and prevents the counties all over the State sending such convicts as those that are convicted of misdemeanors to the penitentiary to work out short sentences, and I desire to yield my time to the gentleman from Jefferson on this question, Mr. Cunningham.

MR. CUNNINGHAM– There seems to be a kind of disposition or insinuation upon this great question of reform in the State of Alabama that the ex-Senator of Jefferson County and the present Representative from the Senatorial District of Jefferson County is not honest and not sincere. I want to say. Mr. President, that in the great moral reform in the State of Alabama looking to the reformation of the convict system of Alabama, I not only


4905

CONSTITUTIONAL CONVENTION, 1901

brought to bear upon it every possible energy and every possible ability that I possessed, but my whole heart and soul, and because of its defeat, sir, I voluntarily retired from politics in my county.  So much for the personal aspect of this question.

Now, let us come to the merits of the amendment offered by my colleague front Jefferson. Mr. President, one of the ablest addresses or messages that has ever been delivered by any Governor of the State of Alabama was by a distinguished delegate upon this floor, the Hon. Wm. C. Oates, who was Governor of the State a few years ago. In that message he took to task the convict system of the State of Alabama, and in that able document he conclusively showed the necessity for reform in the convict system of the State, and that the count‑ convict system should be abolished. Mr. President, I wish to say candidly that it is a disgrace to the civilization of this State, and to its Christian sentiment and I say to you, sir, that this amendment should be adopted. It has upon it the very stamp of morality, of justice and of fairness.  It means life. Why, sir, the Constitution of the State of Alabama provides that there shall be no imprisonment for debt, and yet if I am caught with a concealed weapon‑(which I do not carry)‑

MR. BOONE‑ May I interrupt the gentleman a moment?

MR. CUNNINGHAM‑ No sir, my time is short.

MR. BOONE‑ Just to ask you to discuss the scope of the amendment, so we will understand it.

MR. CUNNINGHAM‑ In the seven or eight minutes of time that I have it would be impossible.

MR. BOONE‑I would move to extend the time.

MR. CUNNINGHAM‑ But I will say this much. It has been established by experience and observation, and I call upon the gentleman from Madison, Mr. Grayson, to substantiate what I say, that the mortality‑ among convicts, recently convicted, shows that the longer a man stays in the coal mines the lower the rate of mortality. The long-time men, as a general proposition are physically letter qualified to work in coal mines and consequently the mortality is much less.  For instance the average mortality has been about' 5 per cent. at Pratt City and when you come to analyze that. you find among the first class a mortality of 1 1‑2 per cent., of second class 2 1‑? per cent., of third class 4 per cent., and of fourth class 7 or 8 per cent. The then of the fourth class are those recently convicted, and it therefore follows that in order to keep up an average of convicts, say 500, whose average term is six months, it would take double the number whose average term is twelve months, and inasmuch as the morbidity and mortality, prevails mostly among those recently convicted, this amendment, if put into effect will save the lives of 3 or 4 per cent. of those


4906      

OFFICIAL PROCEEDINGS

who annually die in the State of Alabama. I insist in the presence of this magnificent audience that when you sentence a man for costs in the State of Alabama, you are frequently sentencing him to death. That is plain enough, and the statistics show it beyond the shadow of a doubt. I am glad of the opportunity here today in this body of law-makers, in this magnificent assemblage regardless of any personal interest that I may have, or of any financial interest of anybody with whom I am associated, to strike one blow and a last and final blow for God, morality and for humanity.  I say, Mr. President that this amendment ought to be adopted, because it is a step in the right direction. It is are form that comments itself to everybody in the State of Alabama who listens and who feels for the suffering, and it makes no difference whether he be white or whether he be black.

Now, another question. In regard to coal mines as a business in relation to health. There is nothing better established than a coal mine should be a healthy mine, well ventilated, well drained of sufficient thickness of seam, etc., to enable them to work in it with comfort.

MR. JENKINS– I  rise to a point of order.  This is new matter that ought to be referred to a committee, and I make the point of order that it is out of order.

THE  PRESIDENT–  That might be a reason why the Convention should not adopt this amendment, but no reason why the Convention should not consider the amendment.

MR. CUNNINGHAM– The other proposition is this. That it requires a healthy man to go into it, and if you have an unhealthy or unsanitary mine, then it will destroy the health of an able-bodied man, or you may have a healthy and sanitary mine, and place an unhealthy man and take is life or destroy his health. Those are two rules that operate permanently because they are the laws of nature, which neither Constitution nor statutory law can abolish, nor can the financial interest of the State, or the costs to county officers change these two natural laws. Then, I say to you, Mr. President, should this great Convention, called for the purpose of accomplishing a great moral reform, called for the purpose of placing the State of Alabama in the right direction, along the line of morality, truth and justice, commit a murder every four days in the year, and that is what the State of Alabama does when it fails to make a discrimination in the class of men who work in the coal mines. They say it is a legislative matter, let us put it in the organic law, and say that men convicted of a misdemeanor—

MR. WHITE‑‑I desire to state that it is in the organic law of Mississippi across the border, in California and other States.

THE PRESIDENT‑‑‑ The time of the gentleman has expired.


4907

CONSTITUTIONAL CONVENTION, 1901

MR. JONES (Montgomery)‑I move that the time of the gentleman be extended.

THE PRESIDENT‑ The Chair has recognized the gentleman from Wilcox.

MR. JENKINS‑I must decline to yield the floor. I do not think this question ought to lie brought in here, it is not germane under our rules without going to a committee and being referred and discussed. It is a new subject, and, Mr. President, I want to say that this question has come up in the Legislature time and time again ----

MR. JONES‑ Will my friend from Wilcox yield for a moment to enable me to make a motion to extend the time of the gentleman from Jefferson, Mr. Cunningham?

MR. JENKINS‑ When I get through, he can have plenty of time. I do not intend to make any set speech. I want to say this, that this question has been gone over time and again in the Legislature. If you take the convicts, county or State, out of the mines, where are you going to put them, there is but one place, and that is on the farms, and the State farm of Alabama has been a howling farce ever since established. In less than four years it lost three hundred thousand dollars to the State of Alabama.

MR. OATS‑ Have you ever examined the report of the commissioners as to the income of the convict system during the two years I had the honor to be Governor, where it shows $128.000 in earnings to the State?

MR. JENKINS‑I will state that in the last Legislature, the question came up, and it had come up in a previous session, and we obtained statistics from the Department, from Mr. Lawson and others, and it was shown that the State in four years, had lost three hundred thousand dollars upon its State farm, whereas the mines were always a paying investment.

MR. BEDDOW‑I would ask the gentleman to yield the floor for a moment, I wish to make a motion to extend the time of the gentleman from Jefferson.

MR. JENKINS‑I must decline. Take the convicts in my County for the last five years, what have we been getting? Only three dollars, and we could take the same men and get nine dollars, twelve dollars and sometimes fourteen dollars that is the difference. We have made it a little better by passing a special law, but for five years we only received three dollars from convicts, whereas the State Convict Board gets nine dollars, ten dollars and fourteen dollars for their convicts. It is a question of business and we should not be carried off our feet by sentiment. Sentiment suggests putting them on the farm. the by today are not


4908      

OFFICIAL PROCEEDINGS

paying investments with low prices, storms, frosts, and everything of that sort; there is no profit about it. It is absurd for us to go into any business, and I move to lay the amendment upon the table.

MR. BEDDOW ‑ I move that the rules be suspended and that Dr. Cunningham be allowed to finish his speech.

THE PRESIDENT‑ The question is now upon the motion to table.

MR. BEDDOW‑I will ask the gentleman to please withdraw that.

THE PRESIDENT‑ The gentleman declines.

MR. BEDDOW‑ Then I demand the ayes and noes.

The call was sustained.

The reading of the amendment leas called for.

The Secretary read the amendment as follows: "Amend Article on Miscellaneous Provisions by adding a new section as follows: After January 1st, 1904, no convict sentenced to hard labor for the county shall be let out by contract to any person, co-partnership, company or corporation outside of the County in which conviction is had, nor shall any person convicted of misdemeanor lie worked in any coal, ore or other tinder-ground mine by serving sentence."

THE PRESIDENT ‑ The question is upon the motion to table the amendment, and the call for the ayes and noes has been sustained.

The call of the roll resulted as follows:

AYES

Messrs. President,

Fletcher,

Martin,

Altman,

Foshee,

Merrill,

Barefield,

Foster,

Miller (Marengo),

Bethune,

Glover,

Miller (Wilcox),

Burns,

Grayson,

Murphree,

Carmichael, of Colbert,

Greer, of Calhoun,

Norman,

Chapman,

Heflin, of Chambers,

Opp,

Cobb,

Hinson,

Palmer,

Coleman, of Greene,

Inge,

Parker (Cullman),

Coleman. of Walker,

Jenkins,

Phillips,

Davis, of Etowah,

King,

Rogers (Sumter),

Dent,

Knight,

Samford,

deGraffenreid,

Kyle,

Sanford,

Eley,

Lomax,

Sentell,

Eyster,

McMillan (Baldwin),

Smith (Mobile),


4909

CONSTITUTIONAL CONVENTION, 1901

Smith, Mac. A.,

Waddell,

Williams (Marengo),

Spragins,

Walker,

Williams (Elmore),

Studdard,

Whiteside,

Wilson (Washington),

Tayloe,

Williams (Barbour),

TOTAL‑56

NOES

Ashcraft,

Hodges,

O'Rear,

Banks,

Hood,

Pearce,

Bartlett,

Howell,

Pettus,

Beavers,

Howze,

Pillans,

Beddow,

Jackson,

Porter,

Blackwell,

Jones, of Bibb,

Proctor,

Boone,

Jones, of Montgomery,

Reese,

Byars,

Jones, of Wilcox,

Reynolds (Henry),

Cardon,

Ledbetter,

Rogers (Lowndes),

Case,

Long (Walker),

Sanders,

Cofer,

Lowe (Jefferson),

Selheimer,

Craig,

Macdonald,

Spears,

Cunningham,

McMillan (Wilcox),

Stewart,

Davis, of DeKalb,

Malone,

Watts,

Ferguson,

Moody,

Weakley,

Grant,

Mulkey,

White,

Greer, of Perry,

Oates,

Winn,

Heflin, of Randolph,

O'Neal (Lauderdale),

Henderson,

O'Neill (Jefferson),

TOTAL‑55

ABSENT OR NOT VOTING

Almon,

Haley,

Pitts,

Brooks,

Handley,

Renfro,

Browne,

Harrison,

Reynolds (Chilton),

Bulger,

Jones, of Hale,

Robinson,

Burnett,

Kirk,

Searcy,

Carmichael, of Coffee,

Kirkland,

Sloan,

Carnathon,

Leigh,

Smith, Morgan M.,

Cornwall,

Locklin,

Sollie,

Duke,

Long (Butler),

Sorrell,

Espy,

Lowe (Lawrence),

Thompson,

Fitts

Maxwell,

Vaughan,

Freeman,

Morrisette,

Weatherly,

Gilmore,

NeSmith,

Willet,

Graham, of Montgomery,

Norwood,

Wilson (Clarke).

Graham, of Talladega,

Parker (Elmore),

There being 56 ayes and 55 noes, the amendment was laid on the table.


4910      

OFFICIAL PROCEEDINGS

MR. deGRAFFENREID ‑ I move the adoption of the Article, and upon that I call for the previous question.

The main question was ordered.

THE PRESIDENT‑ The question is on the adoption of the Article.  Upon a vote being taken, the Article was adopted.

MR. WHITE-I desire to have unanimous consent to make a report from the Committee on Order, Consistency and Harmony.

Mr. President:

The Committee on Order, Consistency and Harmony of the Whole Constitution beg leave to report that the Article on Executive Department submitted to this Committee has been re-examined and Section 138 re‑written so as to incorporate in proper form the amendment passed this morning extending the terms of office of the present sheriff and I herewith return the Article as re‑written ‑with the recommendation that the section as amended be passed.

(Signed.)         Frank S. White,

Chairman."

MR. REESE‑‑I move the previous question.

The main question was ordered.

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

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

MR. deGRAFFENREID‑ I move the adoption of the Article as amended.

A vote being taken the Article was adopted.

Article XVIII was read as follows:

ARTICLE XVIII.

Mode of Amending the Constitution.

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


4911

CONSTITUTIONAL CONVENTION, 1901

an election by the qualified electors of the State upon such proposed amendments, to be held either at the general election next succeeding the session of the Legislature at which the amendments are proposed, or upon another day appointed by the Legislature not less than three months after the final adjournment of the session of the Legislature at which the amendments were proposed. Notice of such election, together with the proposed amendments, shall be given by proclamation of the Governor, which shall. be published in every county in such manner as the Legislature shall direct, for at least eight successive weeks next preceding the day appointed for such election.  On the day so appointed for such election. On the day so appointed, an election shall be held for the vote of the qualified electors of the State upon the proposed amendment. If such election be held on the day of the general election, the officers of such general election shall open a poll for the vote of the qualified electors upon the proposed amendments; if it be held on a day other than that of a general election, officers for such election shall be appointed, and the election shall be held in all things in accordance with the law governing general elections. In all elections upon such proposed amendments, the votes cast thereat shall be canvassed, and tabulated and returns thereof made to the Secretary of State, and counted, in the same manner as in elections for representatives to the Legislature; and if it shall thereupon appear that a majority of the qualified electors who voted at such election upon the proposed amendments voted in favor of the same, such amendments shall be valid to all intents and purposes as parts of this Constitution. The result of such election shall be made known by proclamation of the Governor.  Representation in the Legislature shall be based upon population, and such basis of representation shall not be changed by constitutional amendment.

283. Upon the ballots used at all elections provided for in Section 282 of this Constitution, the substance or subject matter of each proposed amendment shall be so printed that the nature thereof shall be clearly indicated.  Following each proposed amendment on the ballot shall be printed the word "Yes," and immediately under that shall be printed the word "No." The choice of the elector shall be indicated by a cross mark opposite the word expressing his desire, and no amendment shall be adopted unless it receive the affirmative vote of a majority of all the qualified electors who vote at such election.

284. No convention shall hereafter be held for the purpose of altering or amending the Constitution of this State unless, after the Legislature, by a vote of a majority of all members elected to each house, has passed an act or resolution calling a convention for such purpose, the question of convention or no convention shall be first submitted to a vote of all the qualified electors of the State and approved by a majority of those voting at such election. No act or resolution of the Legislature calling a convention for the purpose of altering or amending the Constitution of this State, shall be repealed, except upon the vote of a majority of all the members elected to each house at the session at which such act or resolution was passed; provided, nothing herein contained shall be construed as restricting the jurisdiction and power of the convention, when duly assembled in pursuance of this


4912      

OFFICIAL PROCEEDINGS

section, to establish such ordinances and to do and perform such things as to the convention may seem necessary or proper for the purpose of altering, revising or amending the existing Constitution.

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

THE PRESIDENT‑ The question will be on the adoption of the Article.

Upon a vote being taken, the Article was adopted.

THE SCHEDULE

The Schedule was read as follows:

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

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

2. That all bonds executed by or to any officer of this State, all recognizances, obligations, and‑ all other instruments executed to this State. or to any subdivision or municipality thereof. Before the ratification of this Constitution, and all fines, taxes, penalties and forfeitures due and owing to the State, or any subdivision or municipality thereof, and all writs, suits, prosecutions, claims and causes of action, except as herein otherwise provided shall continue and retrain unaffected by the ratification of this Constitution. All indictments which has been found, or which may hereafter be found, for any crime or offense committed before the ratification of this Constitution, shall lie proceeded upon in the same manner as if  this Constitution had not been ratified.

3. That all the executive and judicial officers and all other officers in this State, who shall have been elected at the election held in this State on the first day of August, 1898, or who have been appointed since that time, and all members of the present


4913

CONSTITUTIONAL CONVENTION, 1901

General Assembly and all who may hereafter be elected members of the present General Assembly, and all other officers holding office at the time of the ratification of this Constitution, shall continue in office and exercise the duties thereof until their respective terms shall expire, as provided by the Constitution of 1875, or the laws of this State.

4. This Constitution shall be submitted to the qualified electors of this State for ratification or rejection, as authorized and required by an act of the General Assembly of this State, entitled "An Act to provide for holding a convention to revise and amend the Constitution of this State," approved the11th day of December, 1900.

5. That instead of the publications as required by the act to provide for holding a Convention to revise and amend the Constitution approved December11, 1900, the Governor of the State is hereby authorized to take such steps as will give general publicity and circulation to this Constitution in a manner as economical as practicable.

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

MR. WILLIAMS (Barbour)‑ I have an amendment.

"Amend the fourth paragraph of the schedule by striking out the period at the end thereof and inserting a comma in lieu thereof, and by adding immediately thereafter the following: ‘And no elector shall be deprived of his right to vote at the election to be held for such purpose by reason of his not being registered.

MR. WILLIAMS‑I ask unanimous consent for that amendment.

Upon a vote being taken, the amendment was adopted.

MR. CRAIG‑I have an amendment.

"Amend Section 3 by adding to the end thereof the following words: `all laws and parts of laws inconsistent with this section are hereby repealed.’ ”

THE PRESIDENT‑ The question is upon the adoption of the amendment.

At the last Legislature, some acts were passed and under those acts the terms of some officers have not expired and will not expire until 1904. The question may arise under this section as to whether they go out of office or not.  I wanted to make it


4914      

OFFICIAL PROCEEDINGS

contain that they would remain, so that there would be no question hereafter.

MR. BEDDOW‑ The committee feel that there is no necessity for the amendment, and I move to lay it on the table.

Upon a vote being taken, the amendment was tabled.

MR. LONG‑I want to ask if it is not necessary where it reads "that all the executive and judicial officers and all other officers in this State, who shall have been elected at the election held in this State on the 1st day of August, 1898, or who have been appointed since that time," to add "except as otherwise provided in this Constitution." I just submit that for the committee. There will be conflict if you do not put it in.

MR. JONES (Montgomery)‑The committee thinks that the language here covers the point: "shall continue in office and exercise the duties thereof until their respective terms shall expire as provided by the present Constitution of 1875 and the laws of this State."

MR. deGRAFFENREID‑ Since that we have extended the Sheriff's office two years. It ought to be "except as otherwise provided In this Constitution."

MR. WILLIAMS (Barbour)‑ I move the adoption of the article and call for the previous question.

MR. COLEMAN‑ Withdraw that for a moment.

MR. WILLIAMS‑I yield in favor of the gentleman from Greene.

MR. COLEMAN‑I would like to offer a short amendment. The last amendment was, I believe, that no elector shall be deprived of his right to Vote. I would like to add to that "who was authorized to vote, under the present laws or who was authorized to vote at the last election."

The proposition is this. It may‑ be that those who failed to register were not authorized to vote at the last election. Now you will authorize them to vote anyway, but if you confine the right to vote to those who were authorized to vote.

THE PRESIDENT‑ Who were otherwise qualified to vote.

MR. COLEMAN.‑ Who were otherwise qualified to vote.  That is all. That is the amendment I want to offer.

THE PRESIDENT‑ Does the Committee accept the amendment?

MR. WHITE‑ No sir.


4915

CONSTITUTIONAL CONVENTION, 1901

THE PRESIDENT ‑The question will be upon the question offered by the gentleman from Greene.

MR. WHITE‑I want to state that the difficulty about the amendment offered by the gentleman from Greene is that it deprives all those who happen not to be registered at the time; that is, persons who move from one ward to another in the cities, and they move there every year. They are not allowed to vote at all under his arrangement. There is the danger in it, those corning of age since that time, and those who moved into the county since that time are not allowed to register, and there is the danger in it.

MR. COLEMAN (Greene)‑This is a very important proposition. It will not do to undertake to register them all. Because we can never do it, but all who have been registered, and are competent, and if you desire it, all those who have become of age, just so, you do not require them all to come and register again.

MR. WHITE‑ It should be just like the Committee reported it. We studied it carefully. That was gone over by the Committee. The Committee adopted what they thought was the only feasible thing to do and to carry out our pledges that we would re‑submit this question to the people of Alabama.

MR. COLEMAN‑ Do you contemplate a re-registration?

MR. WHITE‑ No sir, I do not. I move to lay the amendment upon the table.

THE PRESIDENT‑ The Chair will submit the motion to table the amendment as soon as the gentleman sends up the amendment.

MR. JONES (Montgomery)‑ While we are waiting, for the information of members who do not understand exactly how to vote oil this proposition, I would like to have the Clerk read the fourth subdivision of the schedule as adopted with the amendment to it.

The fourth subdivision with the amendment was read as requested.

The amendment was read by Mr. Coleman as follows:  "Move that he be a qualified voter or become such as provided by existing law."

MR. WHITE‑I move to lay the amendment upon the table.

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

MR. SANFORD (Montgomery)‑I have an amendment.

The amendment was read as follows


4916      

OFFICIAL PROCEEDINGS

Amend Section 5 by adding the following: "But such election upon the ratification of the Constitution shall not be held in less than thirty days from the date of the Proclamation of the Governor."

MR. BAREFIELD‑I move to lay the amendment upon the table.

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

MR. BURNS‑I would like to take a half a minute to offer an amendment.

The amendment was read as follows:

"Nothing in this Constitution shall be construed as enlarging or increasing the powers of any corporation or of diminishing the authority of any Railroad Commission."

MR. WILLIAMS (Barbour)‑I move to lay it upon the table.

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

MR. BOONE‑I offer an amendment which the Committee thinks is material.

The amendment was read as follows

Amend Section 1 of the schedule by inserting in the sixth line between the words "counties" and "individuals," the words "municipal corporations."

MR. BOONE‑I do that because the Supreme Court has held that the words "body corporate" do not apply to municipal corporations.

Upon a vote being taken the amendment was adopted.

MR. WILLIAMS (Barbour)‑ I move the adoption of the Article as amended, and upon that I call for the previous question.

THE PRESIDENT‑ The motion is to adopt the Article as amended and upon that the previous question is called. The question is shall the main question be now put?

Upon a vote being taken the main question was ordered.

Upon a further vote being taken the Article was adopted.

MR. WHITE‑ There are a number of ordinances for passage which have been recommended by the Committee on Order, Consistency and Harmony.


4917

CONSTITUTIONAL CONVENTION, 1901

THE PRESIDENT‑ It seems to the Chair that some motion should be made to submit this report to the Committee on Engrossment.

MR. WHITE‑I move that the Constitution be adopted as a whole.

THE PRESIDENT‑ That will require an aye and no vote.  The rule requires that it shall be adopted when it comes from the Enrollment Committee.

MR. WHITE‑ It is to be adopted as a whole and the tune to do it is now.

MR. ROGERS (Sumter)‑The rule provides that it shall be adopted as a whole, and you cannot do it until it is enrolled.

THE PRESIDENT‑ Rule 53 reads: "The Committee on Order, Consistency and Harmony of the Constitution shall report the entire proposed Constitution to the Convention, and the Constitution so reported shall be read and acted upon article by article (this rule has been modified by striking out `section by section') and submitted to a vote of the Convention; if a majority of the members present shall vote therefor the same shall be adopted, but if amended in any particular it shall be re-referred with such amendments to the said committee, who shall cause the Constitution with such amendments so adopted to be rewritten and report the same to the Convention for its action. When the Constitution shall have been finally adopted by the Convention it shall be enrolled, and when enrolled, it shall be again read and attested by the President and Secretary and each delegate to the Convention, personally, shall sign his name thereto."

The Constitution will not be referred to the Committee on enrollment.

MR. REESE‑ I desire to make a correction in the stenographic report.

(Loud expressions of dissent.)

MR. PILL ANS‑ If that is done won't it have to be referred back and read. Is it not proper that we now, having had it all read, adopt the Constitution upon an aye and no vote?

THE PRESIDENT‑ The rule says that when the Constitution shall have been finally adopted by the Convention it shall be again read and attested. The Chair rules that reference to the Committee on Enrollment is now in order.

MR. LOMAX‑ I desire to make a parliamentary inquiry. Under that rule is it not required that the Constitution be finally adopted before it is enrolled.


4918      

OFFICIAL PROCEEDINGS

THE PRESIDENT‑ The Constitution has been adopted article by article.

MR. LOMAX‑ But not as a whole.

THE PRESIDENT‑ The chair thinks so. The Constitution has been taken up as a whole and adopted article by article.

MR. PILLANS‑ When we were adopting it article by article we did not do it by yeas and nays. The Chair was of the opinion, and I think correctly, that when we got through they would then by an aye and no vote adopt the entire article.

MR. O'NEAL (Lauderdale)‑To save all questions. I think we had better adopt it by an aye and no vote.

MR. PILLANS‑ Therefore I move that it be now adopted by a yea and nay vote.

THE PRESIDENT‑ Will the gentleman withdraw his motion to refer it to the committee?

MR. HEFLIN (Chambers)‑ I think the Convention ought after this whole Constitution has been written and read to this Convention, assembled here again Monday then vote on it.

MR. O'NEAL‑ We have got to do that anyhow. It says when the Constitution shall be definitely adopted.

MR. HEFLIN‑ I wish to make an inquiry. If we adopt it now, when we come back Monday it will have to be read and adopted again?

THE PRESIDENT‑ Yes.

MR. HEFLIN‑ Then I withdraw my motion.

THE PRESIDENT‑ It is moved that the Constitution be adopted by an aye and no vote. As many as favor the adoption of the Constitution will say aye and those opposed no as their names are called.

MR. deGRAFFENREID‑ Before the call of the roll commences, as the clock is about to strike two and under the orders of the Convention it will have to adjourn at two 'clock, I move to suspend the rule and that the Convention stay in session fifteen minutes.

THE PRESIDENT‑As the roll is being called the Convention will not adjourn. Proceed with the call of the roll.

During roll call:

MR. WHITE‑I ask unanimous consent to explain my vote.

The consent was given.


4919

CONSTITUTIONAL CONVENTION, 1901

MR. WHITE‑ To my regret, owing to the fact that I believe that some of the suffrage planks, or one of them, violates the Federal Constitution, which I took an oath to support, I will have to vote "No."

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

AYES

Messrs. President,

Greer, of Perry,

O'Neill (Jefferson),

Altman,

Heflin, of Chambers,

Opp,

Ashcraft,

Heflin, of Randolph,

O'Rear,

Barefield,

Henderson,

Palmer,

Beavers,

Hinson,

Parker (Cullman),

Bethune,

Hodges,

Pearce,

Blackwell,

Hood,

Pettus,

Boone,

Howell,

Pillans,

Burnett,

Howze,

Proctor,

Cardon,

Inge,

Reese,

Carmichael, of Colbert,

Jackson,

Reynolds (Henry),

Case,

Jenkins,

Rogers (Lowndes),

Chapman,

Jones, of Bibb,

Rogers (Sumter),

Cobb,

Jones, of Montgomery,

Samford,

Coleman, of Greene,

Jones, of Wilcox,

Sanders,

Coleman, of Walker,

Kirk,

Selheimer,

Craig,

Knight,

Sentell,

Cunningham,

Kyle,

Smith (Mobile),

Davis, of DeKalb,

Ledbetter,

Smith, Mac. A.,

Davis, of Etowah,

Lomax,

Spragins,

Dent,

Long (Walker).

Stewart,

deGraffenreid,

Lowe (Jefferson).

Tayloe,

Duke,

Macdonald.

Waddell,

Eley,

McMillan (Baldwin),

Walker,

Eyster,

McMillan (Wilcox),

Watts,

Ferguson,

Malone,

Weakley,

Fletcher,

Martin,

Whiteside,

Foster,

Maxwell,

Williams (Barbour),

Graham, of Montgomery,

Moody,

Williams (Marengo),

Grant,

Murphree,

Williams (Elmore),

Grayson,

Norman,

Wilson (Wash'gton).

Greer, of Calhoun,

O'Neal (Lauderdale),

Total‑95.

NOES.

Bartlett,

Foshee,

Studdard.

Beddow,

Phillips,

White,

Byars,

Porter,

Cofer,

Spears,

Total‑10.


4920      

OFFICIAL PROCEEDINGS

ABSENT OR NOT VOTING.

Almon,

Harrison,

Pitts,

Batiks,

Jones, of Hale,

Renfro,

Brooks,

King,

Reynolds (Chilton),

Browne,

Kirkland,

Robinson,

Bulger,

Leigh,

Sanford,

Burns,

Locklin.

Searcy,

Carmichael, of Coffee,

Long, (Butler),

Sloan,

Carnathon,

Lowe (Lawrence),

Smith, Morgan. M.,

Cornwall,

Merrill,

Sollie,

Espy,

Miller (Marengo),

Sorrell,

Fitts,

Miller (Wilcox).

Thompson,

Freeman,

Morrisette,

Vaughan,

Gilmore,

Mulkey,

Weatherly,

Glover,

NeSmith.

Willet,

Graham. of 'I'alladega,

Norwood,

Wilson (Clarke),

Haley,

Oates,

Winn.

Handley.

Parker (Elmore).

And the Constitution was adopted. (Loud and prolonged applause.)

MR. REESE‑I desire to make a correction in the stenographic report.

(Laughter and cries of "no.")

MR. BLACKWELL‑ The ruling passion strong to the end.

MR. REESE‑ At the conclusion of the remarks of the gentleman from Dallas (Mr. Craig) yesterday, when he finished his attack upon the Mayor and Council of my city, he made a motion to take the matter before the house, and shut off the discussion.  At that point my colleague, Mr. Vaughn, rose and requested him to withdraw the motion. The stenographic report has me as slaking that request to withdraw the motion, but the gentleman from Dallas, Mr. Vaughn, made the request, and it was not until after the request of Mr. Vaughn was refused that I then made the request. and I desire to put myself and Mr. Vaughn straight upon the record.

MR. deGRAFFENREID‑ There are one or two ordinances not yet acted upon by the Convention, and I move that the Convention stay in session until they are acted upon.

THE PRESIDENT‑ It is moved that the Convention remain in session until the ordinances reported by the Committee on Order, Consistency and Harmony have been disposed of.

Upon a vote being taken the motion was carried.


4921

CONST1TUTIONAL CONVENTION, 1901

MR. WHITE‑I rise to ask that the regular order be pursued with reference to taking up and adopting these ordinances.

THE PRESIDENT‑ In the opinion of the Chair the regular order should be pursued until this work before the Convention is concluded.

Ordinance No. 459 was read as follows:

An Ordinance.

To appropriate $143.75 for the payment of C. B. Brown and the Alabama Printing Company for services rendered for the State of Alabama for the use of the Constitutional Convention.

Section 1. Be it ordained by the people of Alabama in Convention assembled that there be and is hereby, appropriated out of any moneys in the State Treasury not otherwise appropriated the sum of one hundred and forty-three and 75‑100 to be paid the Alabama Printing Co. and C. B. Brown for services performed for the State of Alabama for use of this Convention as follows:

Sec. 2. The State Auditor is hereby directed to draw his warrant on the State Treasurer in favor of C. B. Brown, for the sum of thirty dollars for typewriting clone by him for the Committee on Order, Consistency and Harmony of the Whole Constitution and he. said Auditor, is also directed to draw his warrant on the State Treasurer in favor of the Alabama Printing Co. for the sum of $118.75 for printing three hundred copies of the report of said Committee for the use of this Convention.

Referred to the Committee on Schedule. Printing and Incidental Expenses.

THE PRESIDENT‑As many as favor the adoption of the ordinance will say aye and those opposed no, as their names are called.

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

AYES.

Messrs. President,

Brooks,

Coleman, of  Walker,

Altman,

Browne,

Craig,

Ashcraft,

Burns,

Cunningham.

Banks,

Byars,

Davis, of DeKalb,

Barefield,

Cardon,

Davis, of Etowah,

Bartlett,

Carmichael, of Colbert,

Dent,

Beavers,

Carnathon,

deGraffenreid,

Beddow,

Case,

Duke,

Bethune,

Chapman,

Eyster,

Blackwell,

Cobb,

Ferguson,

Boone,

Coleman, of Greene,

Fletcher,


4922                              

OFFICIAL PROCEEDINGS

Foshee,

Jones, of Montgomery,

Palmer,

Foster,

Jones, of Wilcox,

Parker (Cullman).

Freeman,

Knight.

Parker (Elmore),

Gilmore,

Kyle,

Pettus,

Glover,

Long, of  Walker,

Proctor,

Graham, of Montgomery,       Lowe, of Lawrence.

Reynolds, of Henry,

Grant,

McMillan, of Baldwin,

Rogers (Sumter).

Grayson,

McMillan (Wilcox),

Samford,

Greer, of Calhoun,

Malone,

Sanders,

Greer, of Perry,

Martin,

Sollie,

Heflin, of Chambers,

Merrill,

Spears,

Heflin, of Randolph,

Miller (Marengo),

Spragins,

Hodges,

Miller (Wilcox),

Stewart,

Hood,

Moody,

Waddell,

Howell,

Murphree,

Walker,

Howze,

O'Neal (Lauderdale),

White,

Inge,

ONeill, of Jefferson,

Williams (Barbour).

Jenkins,

Opp,

Williams (Marengo),

Jones, of Bibb,

O'Rear,

Williams (Elmore).

Total‑90,

ABSENT OR NOT VOTING.

Almon,

Locklin,

Sanford,

Bulger,

Lomax,

Searcy,

Burnett,

Long, of Butler,

Selheimer,

Carmichael, of Coffee,

Lowe, of Jefferson,

Sentell,

Cofer,

Macdonald,

Sloan,

Cornwall,

Maxwell,

Smith (Mobile),

Eley,

Morrisette,

Smith, Mac. A.,

Espy,

Mulkey,

Smith, Morgan M.,

Fitts,

NeSmith,

Sorrell,

Graham, of Talladega,

Norman,

Stoddard,

Haley,

Norwood,

Tayloe,

Handley,

Oates,

Thompson,

Harrison,

Pearce,

Vaughan,

Henderson,

Phillips,

Watts,

Hinson,

Pillans,

Weakley,

Jackson,

Pitts,

Weatherly,

Jones, of Hale,

Porter,

Whiteside,

King,

Reese,

Willet,

Kirk,

Renfro,

Wilson (Clarke),

Kirkland,

Reynolds (Chilton),

Wilson (Wash'gton),

Ledbetter,

Robinson,

Winn.

Leigh,

Rogers (Lowndes),

So the ordinance was adopted.

MR. FOSTER‑I rise to a question of inquiry. The ordinances that we have in hand have once been adopted by the Convention have they not?


4923

CONSTITUTIONAL CONVENTION, 1901

THE PRESIDENT‑ Rule 53 seems to relate to the whole Constitution. It says, "The Committee on Order, Consistency and Harmony of the Constitution shall report the whole Constitution so reported shall be read and acted upon Article by Article, and submitted to the vote of the Convention; if the majority of the members present shall vote therefor take same shall be adopted, but if amendment in any particular it shall be referred Ninth such amendments so adopted to be re-written, and report the same to the Convention for its action. When the Constitution shall have been finally adopted by the Convention it shall be enrolled, and when enrolled, it shall be again read and attested by the President and the Secretary."

That relates to the Constitution proper. Rule 6 seems to relate to ordinances independent of the Constitution. It says: "All ordinances which have been finally acted upon by the Convention shall be signed by the President, and all other acts of the Convention, except resolutions, which it may become necessary to reduce to writing, shall be evidenced by the signature of the President, attested by the Secretary."

MR. FOSTER‑ It is simply necessary to get them enrolled and signed by the President and Secretary.

THE PRESIDENT ‑ Yes.

MR. SAMFORD (Pike)‑As Chairman of the Engrossing Committee I desire to State to the Chair and the Convention that there are a few ordinances that have been engrossed, but have not been reported. As I understand, they only require the signature of the President and the Secretary, and I suppose they may be reported when we come back as well as now. They have been engrossed, but on account of the rush, the Committee has not had the opportunity to compare them and we could not report them right now.

THE PRESIDENT‑ They have not been finally passed?

MR. SAMFORD (Pike)‑No sir. They have been passed and engrossed, but whether they ought not to be passed after engrossment, I do not know.

MR. deGRAFFENREID‑ The Chair has just ruled that they need not be.

THE PRESIDENT‑ If they have been finally passed, they do not have to be reported, but enrolled. The Chair. does not understand how these ordinances are before your Committee.

MR. SAMFORD‑ They were referred to the Committee on Engrossment and have never been reported back.


4924      

OFFICIAL PROCEEDINGS

THE PRESIDENT‑ The Chair was under the impression that all ordinances reported to this Convention had been referred to the Committee on Order, Consistency and Harmony.

MR. SAMFORD (Pike)‑For instance, the ordinance that refers to the Court House in Shelby County has just been engrossed and the Engrossing Committee have never reported it back.

THE PRESIDENT‑ That ordinance was reported here from the Committee on Order, Consistency and Harmony. The present occupant of the Chair was not in the Chair at that time. It seems that that should have been referred to the Committee on Harmony, instead of Committee on Engrossment.

MR. WHITE‑ It has already been referred to Committee on Order, Consistency and Harmony and that Committee has reported it back with the recommendation that it lie signed and enrolled, in accordance with the rule the President has just read.

MR. BLACKWELL‑I move to adjourn to Monday at 12 o'clock.

MR. REESE‑I rise to a question of inquiry. Has this Convention made any order yet when it adjourns as to what time it will adjourn to.

THE PRESIDENT‑ It has not.

MR. REESE‑I move that when this Convention adjourn that it will adjourn to meet at 12 o'clock Tuesday.

MR. BLACKWELL‑I move to amend that it adjourn at 12 o’clock Monday.

MR. WADDELL‑I move to amend by making it Monday.

THE PRESIDENT‑ It is moved that when this Convention adjourn it adjourn to meet at 12 o'clock Tuesday and the gentleman from Russell moves to amend by making it 12 o'clock Monday.  The question will be upon the motion of the gentleman from Russell.

Upon a vote being taken the motion of the gentleman from Russell was carried.

THE PRESIDENT‑ The question is on the original motion as amended.

Upon a vote being taken tile original motion as amended was carried.

MR. SAMFORD (Pike)‑ I move that we now adjourn.

Thereupon the Convention adjourned.


4925

CONSTITUTIONAL CONVENTION, 1901

During the remarks of Mr. Freeman upon the amendment to Suffrage Article offered by him, the report should show that Mr. Pillans of Mobile, rose to the point of order that under the rules of the Convention all papers should be read from the Clerk's desk, which point of order was overruled.