EIGHTY‑FIRST DAY

MONTGOMERY, ALA.,

Monday, Sept. 2. 1901.

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

O, Lord, God, our Father in Heaven, we pray Thy blessings to rest upon its this morning as we enter upon the duties of this day may thy Spirit guide us, may Thy counsels direct us in all things that we do and say. We thank Thee, O. Lord, for the blessings of the past and for the food Providence that is over us now, and we pray Thee to so direct us in all that we do. that the very best thing may result to Thy glory and to the upbuilding of Thy cause and kingdom among men. to Bless us, we pray Thee.  and grant. our Heavenly Father, that each of us may do the work that God has assigned to us to do, in his own way, and in his own station, fulfilling well the duties of his day and generation, and grant, our Lord, when life's pilgrimage is ended and its work is done. that we may all be received at Thy right hand, and to Thee shall be all the praise, through Christ Jesus, our Lord. Amen.

Upon a call of the roll, 108 delegates responded to their names.

Leaves of absence were granted to Mr. Willet indefinitely on account of sickness, and to Mr. White (Jefferson) for today; Mr. Reynolds (Henry) for today; Mr. Thomas W. Coleman (Greene) today.

MR. CASE‑I desire to rise to a question of personal privilege. I want to say that on Saturday I voted under a misapprehension. I voted to adopt the Constitution. There was considerable noise, and I was situated in a department remote from the President's chair and I was told that it was to expedite business and as an attestation of what we had done here. Under that instruction. I voted aye. I wish to say that had I known it was to adopt the Constitution. I would have voted no.

MR. HEFLIN (Chambers)‑I make the point of order that it is entirely too late to explain a vote. I think it is a bad precedent


4926                  

OFFICIAL PROCEEDINGS

to allow gentlemen to cone into the Convention a day or two after they have voted and change their vote. I object to it.

THE PRESIDENT‑ Has the gentleman concluded his statement?

MR. CASE‑I just merely wanted to say that I am against several provisions in the Constitution honestly. That I love these delegates ; that it is an ordeal to get up, when I know a majority is against me, and make this statement, but I wish to say that I have always tried to be conscientious in everything I do, and I do not want to be placed in the wrong attitude before my people, and I want my statement spread on the official report to set myself right. I do not suppose that it is necessary to tell the provisions that I am opposed to. If it were, I would give my reasons, and if ever called on in the future, I am ready to give my reasons. One reason is I do not like the property qualification for suffrage.

THE PRESIDENT‑ The Chair does not think that an argument on the question would be in order.

MR. CASE‑ Very well. I do not insist on that. I have said all that I desire to say.

The report of the Committee on journal was read stating that the journal for the eightieth day hall been examined and found correct, and the same was adopted.

MR. HARRISON (Lee) ‑ I have been in session with you delegates for over three months, and I ha\‑e never risen to a personal explanation. I am generally reported correctly. and everybody who knows one generally knows where to find me. In coming down from my home this morning, I saw a copy of The Atlanta Constitution with all article in it which I desire the clerk to read in order that I may rise to a question of personal privilege.

The clerk read the article as follows:

Birmingham, Ala., Sept. 1‑(Special.)‑There is no little concern felt as to the probable outcome of the vote on the ratification of the new constitution for Alabama as prepared by the Constitutional Convention, which has almost concluded its labors. There are many who opine that it will take hard work to have the constitution ratified, while no few say that the vote will show, a big majority in favor of the Constitution which has been prepared.  However, many things have happened which may throw, doubt on the final action and there is no telling right now what is likely to happen. The refusal to vote for the Constitution on the part of ex-Governor W. C. Oates and General Harrison, two of the leading Democrats, created considerable surprise, and the negative votes of Delegates Beddow and Frank S. White of Jefferson County, was somewhat of a boomerang also. While there were only


4927

CONSTITUTIONAL CONVENTION, 1901

ten negative votes cast on the adoption of the Constitution in Montgomery in the Convention yesterday afternoon, still it is figured that this is a basis for a good-sized storm.

MR. HARRISON‑ When the vote was taken on Saturday, I was on my way home, having been called there by my professional business. I did not know nor think that the final vote would take place on Saturday afternoon. I left the hall about 1 o'clock, and it therefore is amazing to me that anyone should record me as voting at all on the proposition, when I was absent, I desire, however, as it calls for it, to say that while there are several provisions in this Constitution which I have opposed to the best of my ability, there are many that I have advocated to the best of my ability. I came here as a Democrat, as I have always been. (Applause.) The Democratic party called this Convention and. unsought I was sent here and advocated or apposed every measure, regardless of who is pleased or displeased, following my own convictions of what was right and what was ,wrong, I labored with the Committee on Suffrage and Elections for six weeks. In some particulars, they adopted provisions that 1 thought were unconstitutional and impolitic.  I fought it there, and I have fought it here, but a majority of you gentlemen, Democrats. my people, citizens of Alabama, have seen proper to place provisions which I oppose in the Constitution. I hold you to ally speech on the adoption of the suffrage plan that if calamity befell us, to shake not your gory locks at me and say that I did it, but for good or bad, it will make no difference to me, when you sound the call on the adoption, you can place Harrison in favor of it. (Loud and prolonged applause.) A comparison of the old with the new satisfies the that the latter is the letter.

Had I been in my seat on the call of the roll, notwithstanding my objections, I should not have voted as I am reported to have voted. I find myself differing with many of my legal brethren, more distinguished and more learned, perhaps, than I am. and their opinion, if nothing else has caused me to doubt, and I have never failed to give the benefit of my doubt to my people. I therefore simply desire to say that f regret being absent, and if I had been here, bowing in deference to the will of the majority of my own people, and believing that upon the adoption of this Constitution whether right or wrong. the very salvation and existence of the Democratic party in Alabama depends, I say, sink or swim, live or die, I am with you to the finish. (Loud applause.)

MR. ESPY‑I was unavoidably absent last week from this Convention when the vote upon the adoption of the whole Constitution was taken. Had I been present, I should have voted for the adoption of the whole Constitution, and I desire the official journal of this Convention to show that fact.


4928                  

OFFICIAL PROCEEDINGS

MR. SPRAGINS‑I desire to make a report from the Committee on Order, Consistency and Harmony.

The report was read as follows:

Mr. President:

The Committee on Order, Consistency and Harmony of the Whole Constitution leg leave to report that Ordinance No. 412 as to funding the bonded indebtedness of the State is in the hands of a sub‑committee to be re‑written, and that it will not be ready to be reported to the Convention at the morning session.

Your Committee beg leave further to say that the St. Clair and Shelby County Ordinance is in the hands of the Engrossing and Enrolling Clerk and your Committee is unable to report back that ordinance at this session.

Your Committee further reports, at the instance and request of the Enrolling Committee, that the original parchment draft of the whole Constitution will not be ready to be submitted to the Convention until 9 o'clock tomorrow morning.

Robt .E. Spragins,

Acting Chairman.

THE PRESIDENT‑ The report of the Committee on Order, Harmony and Consistency will be upon the table.

MR. HEFLIN (Randolph)‑I desire to call to report No. 34 of the Committee on Incidental Expenses for passage.

TfIE PRESIDENT ‑ The gentleman from Randolph moves to take up Report No. 34 of the Committee on Incidental Expenses for passage.

Upon a vote being taken the motion was carried.

The report was read as follows:

REPORT OF THE COMMITTEE ON SCHEDULE PRINTING AND

INCIDENTAL EXPENSES

Mr. President:

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

The Committee has audited the accounts hereto attached, and finds that the State of Alabama is charged by parties named in this report the amounts set opposite their names, for articles furnished said State for use of Constitutional Convention, all of said accounts are itemized as shown by bills hereto attached:


4929

CONSTITUTIONAL CONVENTION, 1901

We find said State of Alabama charged by D. F. Gorrie of Montgomery, Ala .                    $22.50

We find said State charged by Jos. S. Wing of Montgomery, Ala .                    _________   44.70

We find said State charged by Tennille Furniture Co., of Montgomery, Ala.                         12.00

We find said State charged by B. Wolff of Montgomery, Ala .                                              12.75

We find said State charged by John L. Cobbs & Co., of Montgomery, Ala ._____                29.15

We find said State charged by Wolff & Loeb of Montgomery, Ala.                                      28.50

We find said State charged by Ellis & Gay of Montgomery, Ala .                                    __ 18.00

Your Committee has carefully examined each account, and after a careful examination of each item named in said accounts, have come to the conclusion that many of the charges are excessive, and we recommend that the following named parties or firms be paid the following amounts:

D. F. Gorrie                                                                             $17.50

Jos. S. Wing                                                                              28.50

Tennille Furniture Company                                                     12.00

B. Wolff                                                                                     11.00

Jno. L. Cobbs & Co .                                                                10.00

Wolff & Loeb                                                                            25.00

Ellis & Gay                                                                               10.00

Miss Mamie Offutt                                                                     8.00

All of which is respectfully submitted,

John T. Heflin, Chairman,

Committee on Schedule, Printing and Incidental Expenses.

MR. HEFLIN‑ On behalf of the Committee on Incidental Expenses I desire to amend report and make the amount to be paid John L. Cobbs & Co., $29.15. I will explain to the Convention that the Committee after considering this amount carefully, decided that the charges were excessive. A representative of the firm came before the Committee and trade the explanation that he had bought all the articles charged to the State except two, and that there was no profit to him at all, and after having heard that


4930                  

OFFICIAL PROCEEDINGS

statement, the Committee decided to amend his account and make it $29.15.

As to the amount to be paid to Ellis & Gay, that was for a roller top desk to be used by the Secretary of this Convention, that was for the rent of it. The Committee decided that that was too much rent and cut his account down to 10.00, but after an explanation made to the Committee and having found out that the desk was needed at the State Capitol from a statement made by

Mr. Owens, the Historian, we decided to buy the desk and pax$18 for it, and I move that the report be also amended in that particular.

MR. deGRAFFENREID‑ I want to ask if you will not withdraw that motion for a moment, in order to allow me to move an amendment to your amendment. I am requested to do so by the door‑keeper.        

MR. HEFLIN‑I will withdraw it for a moment.

Mr. Burns sought recognition.

THE PRESIDENT‑ The question before the Convention at this tune is the report of the Committee on Schedule and Printing.

MR. BURNS‑ There was a little lull in the proceedings and I thought I would get through while we were waiting. It is a question of privilege, Mr. President, and I ask unanimous consent to make a statement.

The consent was given.

MR. BURNS‑I just simply `valued to correct the journal. If it is in order to refer back to the votes, etc., I want to state -----

MR. REESE‑‑I would like to ask the gentleman if it refer to this Convention or the one of 1875. (Laughter.)

MR. BURNS‑I am recorded in the stenographic report as absent or not voting on Saturday on the adoption of the Constitution.  My recollection is that I voted one degree louder than any man in the Convention, and then went to work to try to get an old friend of mine to vote like I did. I stood there and voted, I thought, as loud as any respectable man ought to vote, but I would have voted one hundred times more and one thousand times louder if it was necessary for the adoption of the Constitution.

MR. deGRAFFENREID ‑ I offer this amendment to the amendment.

The amendment by Mr. deGraffenreid was read as follows:

"Amend report by striking from the report all of the report, after the figures $8 and inserting in lieu thereof: `it is recommended that the above amounts be paid.' "


4931

CONSTITUTIONAL CONVENTION 1901

THE PRESIDENT‑ The question will be upon the amendment offered by the gentleman from Hale, which is an amendment to the amendment offered by the Chairman of the Committee on Schedule and Printing.

MR. deGRAFFENREID‑ I will state the object of the amendment. As I understand it, the items that are contained in the first part of the report are items of indebtedness which have been contracted by Mr. Hasson, the doorkeeper, under the orders of this Convention, and the report of the Committee recommends that something be paid to each party named in the report, but the amount has been cut down below the sum which was recommended by Mr. Hasson, and which Mr. Hasson, on behalf of the State, under authority conferred upon him by the Convention, contracted to pay. For instance, when the Convention first met it was ascertained that some delegates were not provided with desks and  with seats. There were five or six members, who had no seats at all, and a resolution was introduced and passed through the Convention authorizing the doorkeeper to have seats provided at the expense of the State. From time to time, as I understand it, this Convention has ordered the doorkeeper to do certain things, to make certain contracts, to make certain purchases, and he has done so. and he has furnished to the Convention the accounts and the accounts that have been furnished to him, have gone to this Committee of which Mr. Heflin is Chairman, and the Committee has cut down the amounts. In other words, they do not intend to allow the full amount of account as presented by ,Mr. Hasson, although he has contracted, on behalf of the State, under authority conferred by the Convention, for these various items. As an illustration, I believe this man, D. F. Gorrie is a cabinet maker, and he made this desk, and furnished the members some tables or something of that sort. I do not know the details of it. That was done by Mr. Hasson under orders from this Convention and Mr. Hasson agreed to pay $22. Now the Committee recommends that the Convention pay $17.50, because they do not think the work done was worth $22.

MR. HEFLIN (Randolph)‑May I ask the gentleman a question?

MR. deGRAFFENREID‑ Certainly.

MR. HEFLIN‑ Do you think that desk is worth $20.

MR. deGRAFFENREID ‑I would not give $20 for it, but if I had employed an agent and authorized him to go out and buy a desk and he had bought that desk for me, and I had kept the desk, I would pay the $20 without question.

MR. HEFLIN‑ Do you think the Convention authorized the Door-Keeper to pay three or four prices for things?


4932                  

OFFICIAL PROCEEDINGS

MR. deGRAFFENREID‑ I do not know anything about that but I know the gentleman went out and made the contract. He may have made contracts that you or I would not have made.

MR. HEFLIN‑I hold in my hand a key. Are 100 keys like that worth $25 ?

MR. deGRAFFENREID‑ I don't know.

MR. HEFLIN‑I can show you that we can buy then for 25 cents a dozen.

MR. deGRAFFENREID ‑ As I am informed by the Door-Keeper, he made these contracts in good faith. The saving to the State amounts to $40 or $50. I do not know whether Mr. Hasson feels that if this allowance is not made he will have to pay it out of his own pocket or not. I do not know anything about it. I take it he is a gentleman who is worthy to be trusted. He has made the contracts in good faith. He has acted for us, under orders coming from this Convention, and I believe if anybody is to lose, the State should do so instead of the Door-Keeper. As I understand it, he has made the contract. He is liable. There is no doubt about that. If an agent goes out for his principal and makes a contract and his principal does not ratify that contract, that does not release the agent. The agent is responsible. Mr. Hasson is responsible to these various parties for the amount of these debts.  Now if we do not pay it, whether he has made a disastrous contract or not we will have to pay it.

MR. FITTS‑ If these amounts are scaled down to what is equitable and right, won't those parties accept those amounts and release Mr. Hasson?

MR. deGRAFFENREID ‑He tells the not. He made an express contract with each one to pay the amount he asked.

MR. FITTS‑I do not want to get into any trouble about it.

MR. deGRAFFENREID‑ I have no interest in the matter personally. He came to me a month ago and told me these facts, that he had made these contracts and had made their in good faith and he would pay the money if the State did not. That he felt he ought to do it.

MR. FITTS‑ Those prices are excessive.

MR. DeGRAFFENREID‑ They may be excessive. I don't know anything about that. I know nothing about the facts.

MR. GRAHAM (Talladega)‑Isn't it a fact that the Door-Keeper has had a number of years experience, and ought to have known what kind of a contract to have made?

MR. deGRAFFENREID‑ I don't know about that.


4933

CONSTITUTIONAL CONVENTION, 1901

MR. GRAHAM‑ He has had a number of years experience?

MR. deGRAFFENREID ‑I don't know whether he haswhether he ever waited on a Constitutional Convention before or not, I don't know.

MR. BAREFIELD‑I want to ask the gentleman from Hale, if you are correct, then the President of the Convention ought to have appointed a Committee on Expenses to look into the State's affairs--they go and made a contract, and the State is charged three times what it ought to be, ought the State to pay it because the agent bought it?

MR. deGRAFFENREID‑ I have nothing to do with what the Convention ought to have done. I know what they did do. I know they authorized Mr. Hasson to make these purchases, and I am informed that he trade the agreement to pay these various amounts.

MR. ROGERS‑ What is the whole amount involved?

MR. deGRAFFENREID‑ About $50.

MR. ROGERS‑ It is too small a matter to fool away the time of this Convention; pay the money and let us go on.

MR. HEFLIN (Randolph)‑Mr. President and gentlemen of the Convention, I want to state on behalf of the Committee that this report has been held up for about forty days. These gentlemen, numbers of them, have been before this Committee, they have been heard time and again, and we had a meeting again this morning, and it was unanimous that the Committee make this recommendation. Now, if the State of Alabama is to pay any price, and to pay three or four prices for articles furnished, you do not need a Committee on Incidental Expenses. If the Convention wants to take the responsibility and pay these amounts regardless of right or justice or equity, it is the responsibility of the Convention, but I want to say to you gentlemen that that item of $22 for the desk used by Mr. deGraffenreid – it is for you to say, whether it is worth that amount or not. Now, there is Mr. Wing's account, 25 cents each for these keys, and Mr. Malone went down and investigated and found that they can be bought for 25 cents a dozen. If you go on at that rate, it will be a complete job. We want to pay these men all that we owe them, all that is right and just, and no more. Should the State of Alabama, because she has something in the Treasury, pay more for things than individuals? Is it right, is it common sense? I believe not, and I believe that the majority of this Convention will agree with me and pay what is right and  nothing more. Now, Mr. President, I move to lay the amendment offered by the gentleman from Hale on the table.


4934                                          

OFFICIAL PROCEEDINGS

MR. WATTS‑ Will the gentleman withdraw that motion for a moment?

THE PRESIDENT‑ The gentleman declines to withdraw.

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

THE PRESIDENT‑ The question is on the amendment offered by the gentleman from Randolph representing the Committee on Schedules and Incidental Expenses.

A vote being taken, the amendment was adopted.

MR. LOMAX‑I desire to offer an amendment to the report of the Committee, in reference to the item of Mr. Gorrie, to change the amount recommended by the Committee to $20.

MR. HEFLIN‑I rise to a point of order, it is too late. The report of the Committee has been adopted.

THE PRESIDENT‑ The report of the Committee as amended has not been adopted, the amendment was adopted.

MR. HEFLIN‑‑I move the adoption of the report as amended.

THE PRESIDENT ‑ The gentleman from Montgomery moves to amend, and a motion to amend has precedence over a motion to adopt.

The Secretary read the amendment as follows: Change amount of Mr. Gorrie from seventeen fifty to twenty-two dollars.

THE PRESIDENT‑Is that the same item referred to by the gentleman front Hale?

MR. DeGRAFFENREID‑ There were twenty different items in mine. My amendment went to the whole.

MR. LOMAX‑I desire to offer an amendment by changing the amount to be paid to Wing to $44, the amount of the bill rendered by him. Now the item for Gorrie is the item for this desk.

THE PRESIDENT‑I would inquire if that is the same offered by the gentleman from Hale?

MR. LOMAX‑ It does not include all the items.

MR. HEFLIN‑ It was included in the amendment of the gentleman from Hale.

MR. deGRAFFENREID‑ The gentleman is mistaken. I will explain to the Chair, if I am permitted. The Committee's report included this in a number of items, some fifteen or twenty, and my motion was simply that we should adopt the whole bill of Mr. Hasson as he presented it to the Committee. The Convention


4935

CONSTITUTIONAL CONVENTION, 1901

has laid that motion on the table. Two of the items in Mr. Hasson's report‑-one is this desk, and the other the Wing matter. They were included in my motion a number of others.

MR. LOMAX‑I desire to say in support of that amendment that this desk has not been used alone by the gentleman from Hale, Mr. deGraffenreid, although his use of it and services to the State from behind it were worth a great deal more than $20, but this Convention authorized the doorkeeper of the Convention to have a desk made for three members of the Convention who were practically sitting upon the floor at the time the order was given, having no place to sit down, and no desk behind which to sit or keep their papers.

MR. HEFLIN‑ That same amendment was included in Mr. deGraffenreid's amendment and laid upon the table.

THE PRESIDENT‑‑ It seems to the Chair that the item was included. It ought to be taken from the table before another amendment on the same point.

MR. LOMAX‑ The amendment offered by the gentleman from Hale was an amendment to the amendment offered by the Chairman of the Committee. It was impossible for me to move to amend.

MR. HEPLIN‑I insist upon the point of order.

THE PRESIDENT ‑ The Chair is hearing the gentleman from Montgomery on the point of order.

MR. LOMAX‑As soon as I could, I offered the amendment, because I do not believe that we ought to permit the doorkeeper to go out here and make contracts that he deems to be reasonable and right and refuse to pay. This Convention has the power to limit him in the amount he would pay, but it failed to do so.  Mr. Hasson is bound to those gentlemen whether in law or not, and I do not believe the Convention ought to put that burden upon him. If we wanted to limit him, we ought to have done it in the beginning. Now, with reference to the keys, the question is asked if they are worth twenty-five cents each, and that they can be procured at so much a dozen, but you cannot buy those keys at so much a dozen and have them fitted to one hundred and fifty-five desks. You undertake to get keys fitted to a desk or a door of any place in this Convention, and you would have to pay twenty-five or fifty cents to have it fitted.

MR. HEFLIN‑ We can buy the locks and keys at fifty cents a dozen.

MR. LOMAX‑ We already had the locks and had to buy keys for them. They authorized the doorkeeper to buy them and he has


4936                  

OFFICIAL PROCEEDINGS

contracted for them, and the Convention ought not to put the burden upon him. I hope the Convention will adopt the amendment which I have offered to the report of the Committee.

THE PRESIDENT‑‑ The Chair would call the attention of the gentleman from Montgomery to the fact that the amendment which he now offers was similar and the point of order is made that it was laid on the table.

MR. LOMAX‑ The Convention had no opportunity to vote upon a separate amendment, I had no opportunity to offer a separate amendment, because the motion of the gentleman from Hale was a motion to amend the amendment. I did not offer the whole thing again, but to change two accounts here, and I submit it ought to go to the Convention.

THE PRESIDENT‑ It seems to the Chair that the point of order is well taken, the matter having been laid upon the table, it is not properly before the Convention unless taken from the table.

MR. HEFLIN‑I move that the report of the Committee as amended be adopted, and upon that I call for the previous question.

MR. O'NEAL‑I move to lay the report of the Committee on the table.

THE PRESIDENT‑ The question is shall the main question be now put. The gentleman from Lauderdale moves to lay the report as amended on the table, this motion has precedence to a motion for the previous question.

MR. O'NEAL‑‑I do that for the purpose of amending it---

THE PRESIDENT‑ The question is not debatable. The question is upon having the entire report as amended on the table. The question is shall the main question be now put?

The main question was ordered.

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

The roll call resulted as follows:

AYES

Messrs. President,

Brooks,

Carmichael, of Coffee,

Altman,

Bulger,

Carnathon,

Ashcraft,

Burnett,

Cofer,

Barefield,

Burns,

Coleman, of Walker,

Beavers,

Byars,

Davis, of DeKalb,

Beddow,

Cardon,

Davis, of Etowah,

Bethune,

Carmichael, of Colbert,

Dent,


4937

CONSTITUTIONAL CONVENTION, 1901

Eley,

Leigh,

Renfro,

Eyster,

Lomax,

Reynolds (Chilton),

Fitts,

Lowe (Lawrence),

Robinson,

Fletcher,

McMillan (Baldwin),

Sanders,

Foshee,

Malone,

Sloan,

Freeman,

Merrill,

Smith (Mobile),

Glover,

Miller (Wilcox),

Smith, Mac. A.,

Graham, of Talladega,

Murphree,

Spears,

Grant,

Norwood,

Spragins,

Haley,

Oates,

Stewart,

Harrison,

O'Neal (Lauderdale),

Studdard.

Heflin, of Chambers,

Opp,

Tayloe,

Heflin, of Randolph,

O'Rear,

Thompson,

Hinson,

Parker (Cullman),

Vaughan,

Inge,

Parker (Elmore),

Walker,

Jackson,

Pearce,

Weakley,

Jenkins,

Pettus,

Weatherly,

Jones, of Bibb,

Phillips,

Whiteside,

Jones, of Wilcox,

Pillans,

Wilson (Clarke),

Kirkland,

Pitts,

Knight,

Porter,

TOTAL–82

NOES

Banks,

Graham, of Montgomery,

Martin,

Bartlett,

Grayson,

Miller (Marengo),

Blackwell,

Hood,

Mulkey,

Chapman,

Ledbetter,

NeSmith,

Cobb,

Long (Walker),

Rogers (Sumter),

deGraffenreid,

Macdonald,

Sollie,

Gilmore,

McMillan (Wilcox),

Williams (Barbour),

TOTAL‑21

ABSENT OR NOT VOTING

Almon,

Greer, of Perry,

Lowe (Jefferson).

Boone,

Handley,

Maxwell,

Browne,

Henderson,

Moody,

Case,

Hodges,

Morrisette,

Coleman. of Greene,

Howell.

Norman,

Cornwall,

Howze,

O'Neill (Jefferson),

Craig,

Jones, of Hale.

Palmer,

Cunningham,

Jones, of Montgomery,

Proctor,

Duke,

King,

Reese,

Espy,

Kirk,

Reynolds (Henry),

Ferguson,

Lyle,

Rogers (Lowndes,

Foster,

Locklin,

Samford,

Greer, of Calhoun,

Long (Butler),

Sanford,


4938                                          

OFFICIAL  PROCEEDINGS

Searcy,

Waddell,

Williams (Elmore),

Selheimer,

Watts,

Wilson (Washington),

Sentell,

White,

Winn,

Smith. Morgan M.,

Willet,

Sorrell,

Williams (Marengo),

So the report of the Committee as amended was adopted.

Leaves of absence were granted as follows : To Mr. Reynolds of Henry, and to Mr. Coleman (Greene) for today.

MR. GRAHAM (Talladega)‑I make the point of order that this Convention now stands adjourned.

THE PRESIDENT‑ Under the rules, it being past 1 o'clock the Convention stands adjourned.

__________

AFTERNOON SESSION

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

MR. EYSTER‑I ask unanimous consent to introduce a short resolution.

Consent was given.

The Secretary react the resolution as follows:

Whereas, The people are desirous of seeing both the old and the new Constitution for the purpose of comparison, and

Whereas, the principal cause of dissatisfaction in some parts of the State arises from lack of knowledge of the differences between the two instruments, and as to which the people desire means of enlightenment, and

Whereas, The cost of printing 100,000 copies would be only about 20 per cent. more than printing 50,000 copies, Therefore be it

Resolved, That all resolutions heretofore passed by this Convention in regard to printing; the new Constitution be and the same are hereby repealed.

Resolved, further, That the President and Secretary be and they are hereby instructed to have printed for distribution 100,000 copies of the new and the old Constitution, in parallel columns in addition to the publication provided for in the act calling this Convention. A sufficient sum of money not otherwise appropriated, is hereby appropriated to cover the cost of said printing, etc.


4939

CONSTITUTIONAL CONVENTION, 1901

THE PRESIDENT‑ The resolution will be referred to the Committee on Schedule, Printing and Incidental Expenses.

MR. SMITH (Mobile)‑On behalf of the Committee on Rules, I desire to introduce a report.

The Secretary read the report as follows:

The Committee on Rules reports favorably.

Resolution 230, by Mr. Harrison:

Resolved, That the Secretary of this Convention be and re is hereby instructed to deposit report and index of the Convention in the libraries of the following institutions in this State, to wit:

One at the University of Alabama. one at the Alabama Polytechnic Institute, one at the Southern University, one at Howard College, one at Spring Hill College, and one at the Normal College at Florence, and the Girls' Industrial School at Montevallo and also at the Normal College at Troy.

MR. HARRISON‑ The resolution just read explains itself. I think the Convention will see the propriety of furnishing the libraries of these institutions with a copy, and I therefore move its adoption.

MR. COBB‑I would suggest that it would be well to include the index to the reports.

MR. HARRISON‑‑I thank the gentleman for the suggestion.

THE PRESIDENT‑Is there objection to adding the index? The Chair hears none and it is so ordered.

MR. GRAHAM (Talladega)‑At the time this matter was up I endeavored to include the Alabama Girls' Industrial School, and I would be glad to amend by adding that school.

The amendment was adopted.

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

A vote being taken, the resolution as amended was adopted.

MR. OATES‑‑I have a resolution I desire to offer.

The Secretary read the resolution as follows:

Resolution 333 by Mr. Oates:

Whereas, The prime object of calling this Convention was to elevate the electorate and secure honest elections.


4940      

OFFICIAL PROCEEDINGS

And whereas, It is rumored and predicted that ballot box stuffing and dishonest counting will be resorted to in order to secure the ratification of the Constitution now completed, and about to be submitted to the people for ratification.

And whereas, A belief on the part of any considerable number of our citizens, though erroneous that its ratification by such means would cast a reflection upon the reform above referred, to ; therefore,

Resolved, by the delegates of the people of the State in Convention assembled, That we recommend the election officers of the State to use every means to secure an honest and fair election, and honest returns of all votes cast for and against the ratification of this Constitution.

Resolved, That the county officers whose duty it is to appoint inspectors and clerks of the election, to appoint at each polling place wherever practicable, one of the inspectors and one of the clerks, who are opposed to the ratification, and who are white men and can read and write.

Referred to Committee on Rules.

MR. COBB–I have a resolution which I ask unanimous consent to offer.

The consent was given.

The resolution was read as follows:

“Resolved, That on tomorrow immediately after the reading of the Journal, the roll of the Convention of those who failed to answer to their names on the call of the roll for the adoption of the whole Constitution be called, that those absent delegates may have an opportunity to record their votes.”

MR. COBB–I introduce that resolution at the request of some gentlemen who were not here the other day, but who would like to record their names for the ratification of the Constitution.

THE PRESIDENT–The question is not debatable without a suspension of the rules.

MR. COBB–I move a suspension of the rules, and that this resolution be put upon its passage.

Upon a vote being taken the rules were suspended.

Upon a further vote being taken the resolution was adopted.

MR. PETTUS–I move that the rules be suspended and that the privileges of the floor be extended to the Hon. W. B. Troupe of Morgan.


4941

CONSTITUTIONAL CONVENTION, 1901

MR. BURNS‑I move to amend by adding the name of the Hon. John Air. Inzer of St. Clair, a distinguished gentleman of this State and an ex-member of the Constitutional Convention of 1875.

Upon a vote being taken the privileges of the floor were extended to the gentlemen named.

MR. CARMICHAEL (Colbert)‑I ask unanimous consent to introduce two ordinances.

Ordinance No. 463 by Mr. Carmichael (Colbert), was read follows:

An ordinance to provide for the payment of the Secretary of the Convention and his assistants for services to be rendered after the adjournment of the Convention.

Whereas, The Secretary will be unable to complete the clerical work of the Convention before adjournment,

'Therefore, be it ordained by the people of Alabama in Convention assembled, That the sum of $200, or so much thereof as may be necessary, be and the same is hereby appropriated to be paid to F. N. Julian, Secretary of the Convention, for compensation for services necessary to be rendered by him and his assistants after the adjournment of the Convention in completing the clerical work of the Convention.

Be it further ordained. That the President of the Convention is hereby authorized after the adjournment of the Convention to certify the amount due to said Secretary to the State Auditor, who shall draw leis warrant in favor of the said Secretary upon the State Treasurer for the amount to certify by the President.

Referred to Committee on Schedule, Printing and Incidental Expenses.

MR. CARMICHAEL‑‑I move that the rules be suspended, that the ordinance may be put upon its, passage. The Secretary will not have completed his labors at the time of the adjournment of the Convention, and this provides for the payment of the Secretary and his assistants four the work they will leave to do after the Convention adjourns.

MR. HOWELL–Have we not already given him five hundred dollars extra for the work?

MR. CARMICHAEL‑ Yes. I will state in answer to that question that that work for which we have appropriated five hundred dollars does not include this work. It is customary for the legislature to take an adjournment for one day prior to its final adjournment in order that the Secretary may catch up with his work, but the last two or three days of this Convention have


4942                  

OFFICIAL PROCEEDINGS

brought a good deal of work upon the Secretary and his force, and he will not be able to complete the work. The appropriation already made, as I said before, is not for this work, but is for copying the journal and superintending the printing of the journal and making such corrections as were necessary and filing such papers as were required to be filed in the office of the Secretary of State.

Upon a vote being taken the motion to suspend the rules was lost and the ordinance was referred to the Committee on Schedules, Printing and Incidental Expenses.

Ordinance No. 464 by Mr. Carmichael of Colbert, was read as follows:

Ordinance No. 464 by Mr. Carmichael of Colbert:

To make an appropriation for the compensation of Robert Chapman for the enrollment of the proposed Constitution.

Be it ordained by the people of Alabama in Convention assembled. That the sum of one hundred dollars ($100) be and the same is hereby appropriated to pay Robert Chapman for his services in enrolling the proposed new Constitution.

Be it further ordained, That the President of this Convention be and he is hereby authorized to certify the amount due said Robert Chapman to the Auditor, who shall draw his warrant upon the Treasurer in favor of the said Robert Chapman.

MR. CARMICHAEL‑I move that the rules be suspended and that this ordinance be adopted.

Upon a vote being taken the rules were suspended.

THE PRESIDENT‑ It will be necessary to have an aye and no vote on the adoption of this ordinance.  As many as favor the adoption of the ordinance will say aye and those opposed no, as your names are called.

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

AYES

Messrs. President,

Bulger,

Craig,

Altman,

Burnett,

Davis, of DeKalb,

Ashcraft,

Burns,

Davis, of Etowah,

Banks,

Byars,

Dent,

Barefield,

Cardon,

deGraffenreid,

Beddow,

Carmichael. of Colbert,

Eley,

Bethune,

Carmichael, of Coffee,

Eyster,

Blackwell,

Carnathon,

Espy,

Boone,

Cobb,

Fletcher,

Brooks,

Coleman, of Walker

Foshee,


4943

CONSTITUTIONAL CONVENTION, 1901

Gilmore,

Macdonald,

Renfro,

Glover,

McMillan, of Wilcox,

Robinson,

Graham, of Talladega,

Malone,

Rogers, of Lowndes,

Grayson,

Martin,

Sanders,

Haley,

Merrill,

Sanford,

Harrison,

Miller, of Marengo,

Searcy,

Heflin, of Chambers,

Miller, of Wilcox,

Sentell,

Heflin, of Randolph,

Moody,

Smith, of Mobile,

Hinson,

Murphree,

Spears,

Hood,

Norman,

Spragins,

Howell,

Norwood,

Thompson,

Inge,

O'Neal, of Lauderdale,

Waddell,

Jenkins,

Opp,

Walker,

Jones, of Bibb,

O'Rear,

Weatherly,

Jones, of Wilcox,

Parker, of Cullman,

Whiteside,

Knight,

Pearce,

Williams, of Barbour,

Kyle,

Pettus,

Williams, of Marengo,

Ledbetter,

Phillips,

Wilson, of Clarke,

Leigh,

Pitts,

Winn,

Long, of Walker,

Reese,

TOTAL‑‑89

NOES

Bartlett,

Porter,

Sloan,

Freeman,

Reynolds, of Chilton,

Smith, Mac. A.,

TOTAL-‑6

ABSENT OR NOT VOTING

Almon,

Howze,

Parker, of Elmore,

Beavers,

Jackson,

Pillans,

Browne,

Jones, of Hale,

Proctor,

Case,

Jones, of kfontgomery,

Reynolds (Henry),

Chapman,

King,

Rogers, of Sumter,

Cofer,

Kirk,

Samford,

Coleman, of Greene,

Kirkland,

Selheimer,

Cornwall,

Locklin,

Smith, Morgan M.,

Cunningham,

Lomax,

Sollie,

Duke,

Long, of Butler,

Sorrell,

Ferguson,

Lowe, of Jefferson,

Stewart,

Fitts,

Lowe, of Lawrence,

Studdard,

Foster,

McMillan (Baldwin),

Tayloe,

Graham, of Montgomery,

Maxwell,

Vaughan,

Grant,

Morrisette,

Watts,

Greer, of Calhoun,

Mulkey,

Weakley,

Greer, of Perry,

NeSmith,

White,

Handley,

Oates,

Willet,

Henderson,

O'Neill (Jefferson),

Williams, of Elmore,

Hodges,

Palmer,

Wilson, of Washington


4944                                          

OFFICIAL PROCEEDINGS

So the ordinance was adopted.

MR. SMITH (Mobile)‑I desire to ask unanimous consent to make a report from the Judiciary Committee.

The consent was given.

The report was read as follows: "The Committee on Judiciary reports adversely Ordinance No. 460."

MR. SMITH (Mobile)‑‑Mr. President, I desire to say that the Judiciary Committee adversed the ordinance because it could find no field of operation for it. The ordinance itself is a proper one, if there is a field of operation, and our purpose was that the Convention might know if there was a field of operation that the Convention might call attention to it. I ask therefore, that the ordinance be read so that if there is a field of operation some action might lie taken.

MR. deGRAFFENREID‑ I want to say that the ordinance came to this Convention, my recollection is, from the Committee on Order, Consistency and Harmony. We discussed it and also came to the conclusion that it had no field of operation.

The ordinance was read as follows:

Ordinance No. 460. by Mr. White:

An ordinance to empower and authorize the Legislature to amend or repeal all ordinances adopted by the Convention not contained in the proposed Constitution.

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

That the Legislature be and the same is authorized and empowered to revise, alter, amend or repeal all ordinances or parts of ordinances adopted lay this Convention not incorporated in the proposed Constitution of the State by act passed and approved by the Governor as in other cases, provided that the Legislature shall have no power or authority to repeal an ordinance relating to the bonded indebtedness of the State adopted by the Convention on the tenth day of August, 1901. Provided further, that the legislature shall have no power to repeal or annul ordinances establishing court houses except in accordance with Section 41 of Article II of this Constitution.

THE PRESIDENT‑ The question will be upon the ordinance reported by the Committee on Judiciary.

MR. deGRAFFENREID‑ I move that the ordinance be laid upon the table so that it can be called from the table at any time before the Convention adjourns.


4945

CONSTITUTIONAL CONVENTION, 1901

MR. OATES‑I would like to say that ordinances passed by the Convention are only laws and can be repealed or amended by the Legislature. They have no higher force of operation than the acts of the Legislature. They are not a part of the Constitution.

MR. ASHCRAFT‑I ask unanimous consent to introduce a petition to have it read and referred to the proper committee.

MR. O'NEAL‑I object unless the gentleman will refer without reading to the proper committee.

THE PRESIDENT‑ The petition will be referred without reading to the Committee on Suffrage and Elections.

MR. ASHCRAFT‑I move that the rules be suspended and that the petition be read. It is not long.

Upon a vote being taken the Convention refused to suspend the rules.

MR. SPRAGINS‑I desire to make a report of the Harmony Committee. We ask unanimous consent to make it.

The Committee on Order, Consistency, and Harmony of the Constitution recommend that Ordinance 390, heretofore adopted lay this Convention, be amended as follows:

Strike from the last line on page 1 and the first line on page 2 of said ordinance the following words:

The portion of St. Clair county which lies south and southeast of "Backbone Mountain" and insert where said words occur the following:

"The above mentioned precincts of St. Clair county."

Also strike from the fourth and fifth lines from the bottom of the third page of said ordinance the following words:

"Court house or."

Also strike from said ordinance the following figures, 8, 9 and 13 wherever they occur in said ordinance relating to Shelby county.

Also strike from the seventh, eighth and ninth lines north and northwest of said "Backbone Mountain," and insert in lieu thereof the following: "Said St. Clair county outside of the above named beats."                                                      

Robert E. Spragins,

Chairman.

THE PRESIDENT‑ Unanimous consent is asked to make the proposed amendment. Is there objection? The Chair hears none; it is so ordered.


4946                                          

OFFICIAL PROCEEDINGS

The Clerk read a further report of the Committee on Order, Consistency and Harmony as follows:

Mr. President, the Committee on Order, Consistency and Harmony herewith returns ordinance 412 to which the same as engrossed was referred, with the recommendation that the same be amended as indicated by this committee. The ordinance as recommended to be amended is hereto attached and made a part of this report.                                          

Robert E. Spragins,

Acting Chairman,

Ordinance 412. An ordinance relating to the bonded indebtedness of the State.

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

Section 1.‑That an act of the General Assembly of Alabama  entitled "an act to consolidate and adjust the bonded debt of the State of Alabama" approved Feb. 18th, 1895, and an act amendatory thereto entitled "an act to amend Section 6 of an act to consolidate and adjust the bonded debt of the State of Alabama," approved Feb. 18, 1895, be and the same are hereby made valid and both of said acts shall have the full force and effect of law. The Governor is authorized and empowered to act under the same and to carry out the provisions thereof provided, that the bonds mentioned in said act and issued thereunder may be made payable at any time, not exceeding fifty years from the date thereof and shall not be redeemable until their maturity.

Sec. 2.‑Be it further ordained, that this ordinance shall take effect from and after its passage.

MR. SPRAGINS‑ We ask unanimous consent to make the amendment.

Consent was given, and the amendment ordered.

MR. SPRAGINS‑‑‑‑I move that both of these be referred to the Committee on Enrollment.

THE PRESIDENT‑‑ It will be so referred.

MR. SPRAGINS‑ It is suggested that they had better be adopted as amended.

THE PRESIDENT`‑ It seems to the Chair that it was done by unanimous consent, and it is not necessary to take a second vote.

MR. MERRILL‑ The ordinance provides for the amendment of the body of the Constitution and perhaps it will be better to call for the ayes and noes on it.


4947

CONSTITUTIONAL CONVENTION, 1901

THE PRESIDENT‑ We will have an aye and no vote when it comes back from the Committee on Enrollment, if the gentleman thinks best.

MR. GILMORE‑I move that the vote by which the report of the Committee on Schedule, Printing and Incidental Expenses was adopted this morning be reconsidered.

THE PRESIDENT‑ The motion will lie over until tomorrow morning.

MR. HEFLIN (Chambers) ‑ The Committee on Schedule asks unanimous consent to make a report.

THE PRESIDENT ‑ The gentleman has not yielded the floor.

MR. GILMORE‑‑ This Convention has spent thousands and thousands of dollars in making speeches in behalf and for the benefit of old Confederate soldiers of this State---

THE PRESIDENT‑ The Chair would suggest to the gentleman from Clarke that unless there is a suspension of the rules his motion will go over and come up for consideration in the morning.

MR. GILMORE‑I move that the rules be suspended, and that the motion to reconsider be now taken up and passed upon.

Mr. Heflin (Randolph) sought recognition to discuss the motion to suspend the rules.

THE PRESIDENT'‑ It is not debatable. If the rules are suspended then it is debatable.

MR. GILMORE-- I withdraw the notion to suspend the rules.

MR. O'NEAL‑ The gentleman has not imposed upon this Convention, and I ask a suspension of the rules, and that he be allowed to make a statement of the purposes of his motion.

(There was objection.)

MR. deGRAFFENREID‑ I move that the rules be suspended in order that the gentleman may be allowed to make a speech on the subject if he wants to.

Upon a vote being taken a division was called for, and by a vote of 44 ayes and 38 noes, the Convention refused to suspend the rules.

THE PRESIDENT‑ The motion to reconsider will go over until tomorrow morning.

MR. OATES‑I never have in all my legislative experience arisen to a question of personal privilege, and I have none now.


4948                  

OFFICIAL PROCEEDINGS

A question of privilege is for the purpose of redressing a grievance or causing some correction to be made that has done gross injustice to a person. I have no such complaint, but, sir, I do wish the attention of this Convention for a few minutes, and its indulgence in order to explain my position with regard to the work which is now about completed in the framing of this Constitution.

THE PRESIDENT‑‑ The gentleman asks unanimous consent to make a statement. Is there objection? The Chair hears none.

MR. OATES‑ Mr. President, I heard this morning a statement read from a newspaper when the delegate from Lee arose to a question of privilege for the purpose of correction. I heard also that remarks were made by delegates of why it was that I was absent on Saturday when an aye and no vote was taken on the Constitution as a whole. I was here in the afternoon until near two o'clock. I had a professional engagement at my office that day for half past one, supposing that the Convention would adjourn at the usual hour, I remained here until after the schedule had been read, and came back to the door and saw it was being considered, and thought there was nothing more to be done at that session. I never ran away from it. I do not know that it is wise, but I am not afraid of anything in God Almighty's world except one, and that is doing wrong. Nothing else do I fear. Now, sir, I wish to say that I have gone over and made a comparison with the present Constitution of the new one just framed, as rapidly as I could, when article after article was reported by the Committee on Harmony and passed upon. I never did pride myself on delivering a written speech or address and I have reduced that comparison, incomplete, however, but as to most points, to writing, and I desire that it be printed in the stenographic report along with the brief discourse that I shall deliver. It might fatigue you, it is rather long, and I cannot afford to consume so much of the time of the Convention as reading it would require, but I do propose to snake in conclusion a statement I have reduced to writing, that I alight not be misunderstood.

COMPARISON BETWEEN THE OLD AND NEW CONSTITUTION

1. The declaration of rights in the new Constitution is a decided improvement upon that in the present Constitution.

2. The article on State and county boundaries, I do not think, upon the whole, is an improvement upon the provision thereof in the present Constitution.

3. The distribution of powers of government is substantially the same as in the old or present Constitution.

LEGISLATIVE DEPARTMENT

4. Several changes have been made in this article nearly all of which are a decided improvement upon the provisions of the


4949

CONSTITUTIONAL CONVENTION, 1901

same article in the present or old Constitution. The provision for quadrennial sessions of the Legislature is experimental, for no other State has a Legislature to assemble but once in four years.  It may work well, or it may not. No one knows. The understanding when this was adopted was, that all of our elections for State officers would occur but once in four years, but when the Convention adopted the judicial Department, they made provision for the election of some of the judges every two years. It is problematical whether the change to quadrennial sessions is wise or unwise.

5. Changing the name from General Assembly to that of the Legislature and simplifying the style of the laws are good changes, but they are matters of minor importance.

6. The Legislative Department is a great improvement over that of the old or present Constitution in many respects. Provisions against lobbying, bribery and corrupt interference with legislation is a decided improvement. A lax construction or disregard practically of Sections 23, 24, 25 of the old Constitution by legislators, opened the door very wide to all kinds of local legislation, which became a great abuse and consumed time of the Legislators, which should have been devoted to the graver and more important matters of legislation. The restrictions in this department upon thei powers of the Legislature, are wise and very useful. The stringent provisions against local legislation are rendered necessary by the abuses above referred to. These restrictions may go a little too far, but they are indeed a most salutary improvement over the provisions of the present Constitution.  There are many changes made in the matter of enacting laws, revenue provisions and against extravagant appropriations, and after careful consideration, I pronounce the Legislative Department of the new Constitution far superior to that of the present one.

I make one exception, Section 102 against miscegenation originally was carefully written by myself following substantially the language of our penal statute, but the Convention amended it so as to prohibit intermarriage between a white person and any negro or the descendant of a negro, even in the 50th degree. I offered an amendment on final review of the Constitution, so as to make this provision definitely specifying a distant degree to prevent the confusion in the courts which certainly this indefinite and sweeping section will give rise to, but like other good measures advocated by me, it was laid upon the table, on the motion of a delegate who was deficient in understanding its importance. A Constitution should be adapted to future conditions which may arise as well as the present. Some people have the misfortune of being construed on the radical plan. I am naturally a conservative and never radical in anything.


4950                  

OFFICIAL PROCEEDINGS

In the review of the new Constitution, the Convention after repeated efforts to give sheriffs the right to succeed themselves in office, which would have been a complete innovation, they practically re‑elected those now in office, by extending the term to which they were elected for two years. This, I thought, should have been left to the people.

EXECUTIVE DEPARTMENT

Several important changes have been made in this branch of the new Constitution. The office of Lieutenant Governor has been created, for which there was a necessity in case of the death or disability of the Governor. The Governor and all the State officers. are to lie elected for a term of four years instead of two, and are made ineligible to a second term. This is a wise change for several reasons. Succession to the office of Governor has been provided for in case of the death or disability of that official. The pardoning power of the Governor still remains but is modified by a board of pardons to approve bills passed by the Legislature after its adjournment, which gives him full time for consideration.  His veto of bills and other powers are somewhat extended, but better defined than in the present Constitution. This department in the new Constitution is a decided improvement and taken as a whole, much better than in the present or old Constitution.

JUDICIAL DEPARTMENT

All of the courts and salaried court officials under the old or present Constitution, are retained in the new, and ample provision made for the creation of additional ones. The five chancellors and sixty-six registers, are retained as a separate chancery system, but the Legislature is vested with power to blend and mix jurisdictions.  The same person is authorized to hold both the office of Clerk of the Circuit Court and Register in Chancery which makes a better job for some favorites, but is contrary to the spirit of the times and another provision of the new Constitution that no person shall hold two offices under the State at one and the same time with some small exceptions therein named. There are not offices enough to provide one for every worthy man, much less the horde of hungry aspirants.

The new Constitution like the old, declares that no judicial circuit shall contain less than three counties, but provides that every county of over 20,000 population and three and one-half

million dollars worth of taxable property, may be constituted a circuit. and have a judge at the expense of the State.

I think that the Chancery Courts should have been abolished at the expiration of the terms of the incumbents, for the reason that it is the most expensive court and wholly unnecessary. There are but four States in the Union which maintain this separate


4951

CONSTITUTIONAL CONVENTION, 1901

chancery system; and in Great Britain where it originated, it was abolished by act of parliament more than thirty years ago. The  judges of the law courts can decide equity causes just as well as chancellors, although our chancellors, as a rule, are able and capable. The burdens of the people should have been lightened by the Convention in every way practicable, consistent with efficient transaction of the public business. A judge should so deport himself as to impress the people with his uprightness and freedom from prejudice. Years ago no judge participated actively in partisan politics. It has. I regret to say, become a practice with many.  The Convention refused to adopt the amendment declaring that no judge should take an active part in partisan politics, and did itself no credit by this action.

I made a persistent effort to have reformed the grand jury system and provide for the trial of felonies, which, on conviction, are by law, punishable capitally, whether committed by individuals or by mobs, so as to suppress the evil practice of allowing murderers to go unpunished; yet the amendment was laid upon the table. No one denied the existence of such outrages, and yet no one offered a substitute, or made the slightest effort to correct the savagery which is most usually ignored by the grand jury, if the slain was only a negro, notwithstanding the fact that the white people alone make and execute the laws. The responsibility for this bad state of things is upon the white people. Such lawlessness is chargeable to us because it is our duty to devise the means of stopping it and of affording protection to human life.

The Convention at first, resolved to adopt the system of County Solicitors to be elected by popular vote. They changed it back and forth four or five times and finally adopted a provision retaining Circuit Solicitors and providing also for County Solicitors, to be elected by the people or appointed by the Governor.  This provides for too many prosecuting officers, and will take more money out of the treasury of the State to pay the salaries than will be replaced as the result of their prosecutions. A good provision in this department is an authorization of the Legislature to abolish a court in its discretion when the same ceases to be of utility, but the Convention refused to adopt an amendment relieving the State from further payment of the salary of a judge when his court is abolished. He would, therefore, unless a mere statutory judge draw, his salary out of the treasury for his full term, though his court had been abolished. This practically annuls the authority to abolish a court until the expiration of the term of the judge thereof.

Upon the whole, after a careful examination of the provisions of the judicial Department of the new Constitution, while there are some good provisions, I do not think it much improvement, and doubt whether it be an improvement at all on the present Con


4952                                          

OFFICIAL PROCEEDINGS

stitution. In, point of economy it certainly, is not, but provides a much more expensive system. It will become such at an early date.

IMPEACHMENTS.

This Article ha not been much changed, but the changes made in it make it more definite in its provisions, and is thereby an improvement over the similar provision in the present Constitution.  In cases of impeachments before the Senate it very properly requires the Chief Justice of the Supreme Court to preside.

REPRESENTATION.

This is unchanged from the old, in the new Constitution, except an increase of two Senators and five Representatives, which was wholly unnecessary and might easily have been avoided. It was gratifying to some of the delegates, and hence without additional reason, so far as I could see, it was adopted as reported by the Committee. It incurs some additional expense to the administration of the State Government which might have been avoided.

TAXATION.

A good many changes have been made in this Article from the similar Article of the present Constitution. I doubt very much the wisdom of all of them. Some are good. The general provision reducing the rate of taxation from 75 cents to 65 cents on each $100 of taxable property is of doubtful expediency, though the people always hail with delight any measure which seems to lighten their burdens of taxation. If it produces enough revenue to meet the necessities of the State, it will be well.

I presented and urged the adoption of a well constructed ordinance looking to the refunding of our bonded debt, which will mature five years hence, in long‑time bonds at 3 1‑2 per cent interest, but it %vas tabled. A similar ordinance was subsequently adopted. I offered a carefully prepared provision for selling fifty-year bonds. bearing 3 1‑2 per cent. interest to raise $96,000 with which to buy the remainder of the square upon which the Capitol Building is situated and to enlarge and repair the building which would make it a commodious Capitol for thirty years, but the Convention voted it down, upon the plea that the State would have a surplus of revenue, and would appropriate the money for the purpose. The permanent appropriation for the public schools is three of the six and a half mills. together with the interest on the Sixteenth Section trust funds and upon the United States surplus revenue funds which altogether will aggregate $1,100,000, and then the interest on the bonded debt, near $500,000 more, so that when in addition the current expenses of the State Government are met there will not be any surplus revenue left, and the old historic Capitol will go without enlargement or permanent repair, the south


4953

CONSTITUTIONAL CONVENTION, 1901

end of the square will not be bought, and in less than five years there will be agitated the project of erecting a new Capitol building to cost the people of the State $1,000,000. 

I introduced an ordinance to increase the salary of the Governor. It was debated and remitted to the Legislature, which will not be likely to do it.

The Article on Taxation contains an inheritance tax provision, which is a novelty in this State, but I think it a good one.

SUFFRAGE AND ELECTIONS.

My position on this subject was substantially defined in a letter published in The Age-Herald before I was nominated as a delegate to this Convention. In that letter I said:

"I am in favor of honest elections, which are the basis of our governments‑ State and Federal‑ which cannot be uniformly had in Alabama except by a revision and purification of the elective franchise, by extirpating therefrom dense ignorance and corruption. This is a delicate and difficult question to deal with successfully, and nothing short of the aggregate wisdom of a Convention of our best and ablest men can accomplish it in a just and satisfactory manner.

"The suffrage clause in a State Constitution should not, in terms, exclude anyone from the elective franchise on account of race nor require an educational or property qualification; but intelligence and good character should he made the test. No felon, no man of notoriously bad character, no man who has not paid his poll tax, no man who has ever sold his own or bought the vote of another, nor anyone who cannot read intelligently, or understand when read to him, any Section of the Constitution, should be allowed to register as a voter. And in order that no injustice be done by registration to anyone legally entitled, an appeal should be given from such decision to the courts. Those who are disfranchised for crime committed should lie restored to their rights of franchise, if at all, only by the vote of two thirds of the members of the General Assembly.

DISFRANCHISEMENT.

"The disfranchisement of the whole negro race would be unwise and unjust. They constitute a large Minority of our State population‑ over 800,000. Among them are many honest, industrious and good citizens, capable of fairly understanding the issues of a campaign and for what they would be called upon to vote.  Such men are patriotic. When volunteers are wanted to fight our battles they furnish their quota. Some have acquired property and pay their taxes, but the great mass of them are property less and utterly ignorant of the fundamental principles of government,


4954                                          

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and the ballot is a weapon which they know not how to use for their own good or the good of anyone else. The ballot is an injury to such men. But if you make intelligence and good character the test of the right to vote, you present an incentive to every man, without regard to color, who aspires to full-fledged citizenship to acquire intelligence whether he has any book learning or not, and to establish a good character among his neighbors; and no man possessed of these should be denied the right to vote in all elections.

"Such qualifications as I have briefly stated above are practicable and would elevate and tend to purify the suffrage by eliminating the corrupt, the densely ignorant and purchasable, who, under the present Constitution, have the right to vote. Who will say that Booker Washington, Council, Grant, Calhoun and hundreds of other citizens of Alabama shall not vote if they choose?  No one can deny their intelligence and qualification. Shall they be excluded merely because they belong to the colored race? I say no. It would be both unwise and unjust. Make some such provision for suffrage as I have indicated and there will be no reduction of Alabama's representation in Congress because there will be no legal reason for it. With such a provision enforced there never would be any sort of justification for ballot-box stuffing or for counting votes otherwise than as they were cast. This is a consummation devoutly to be wished.

NOT DESIRABLE.

"The Convention cannot legally disfranchise the negroes as a race if it were desirable. The enabling act prescribes the oath each delegate must take at the organization of the Convention, to support the Constitution of the United States. The platform of the State Nominating Convention also declares that the Convention shall not make a Constitution which conflicts with that of the United States. The Fifteenth Article of the latter says that nor State shall not make any law which denies to any man the right to vote on account of race, color or previous condition. If the Suffrage Clause of the new Constitution denies the right of all of the negro then in the State to vote, it will be because they are negroes. Such a Constitution would subject the State to the loss of four out of nine Representatives in Congress, and reduce the right of the State in like manner in the Electoral College for President, and could not be sustained in the courts. Neither of the new constitutions of Mississippi and South Carolina anywhere mention the negro or undertakes to prescribe his race or deny his right to vote. The latter State has an educational and property qualification, which may cause a reduction in that State's representation.

The difference in views which developed in this Convention between other delegates and myself on this question was substan‑


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CONSTITUTIONAL CONVENTION, 1901

tially as follows: They contended that the Convention was called to disfranchise the negro. I contended that this view of the purpose was too narrow; that the Convention ,vas called to so reform and elevate the suffrage as to secure honest elections, which could be done only by disfranchising some of those who are now legal voters. All admitted that proposition. The next qualification which presented itself for consideration was, whom will we disfranchise? The majority of the Committee on Suffrage. Backed by President Knox and a majority of the Convention, said that the Democratic platform declared that no white man should be disfranchised, except when convicted of infamous crime. Then outside of convicted criminals (and who are disfranchised under the present Constitution), there is no one to be disfranchised in this new Constitution but negroes. We all took an oath before taking our seats as delegates to this Convention to support the Constitution of the United States, which declares that the right of franchise shall not be denied to any one because he is a negro.  Whether we would have it otherwise, or not, we swore to support it, and another plank in our platform pledged we Democrats, not to violate the Constitution of the United States in any part of the Constitution we were to make. Then in order not to disfranchise any white man however worthless or dishonest he might be, resort was hard to the subterfuge of allowing all soldiers on any side in any of our wars to register and become voters for life, whether they were faithful to their flag for the entire period of enlistment or deserted. If the soldier served honorably any part of that period, and lie is a white man, the purpose is subverted. The records of the War Department show that in the Civil War of 1861‑65 there were but 2,410 negroes from Alabama enlisted in the Union army. No negroes were soldiers in any of our prior wars.  Alabama furnished to the Confederate cause 100,000 soldiers, but a considerable per cent. of these were conscripts, never got any further to the front than the conscript camp or if they did deserted their colors the first opportunity ; but this makes no difference under the new Constitution. All will claim that they honorably served, will register and become voters for life. It is anything else than complimentary to the heroes who followed Lee, Johnston and Jackson, though barefooted, ragged and hungry, into the very jaws of death, in the midst of carnage, the groans of the wounded and dying, and shed tears of sorrow when they stacked arms at Appomattox and Bentonville. If benefaction be conferred on Southern soldiers let them be distinguished from the faint‑hearted dodger, the moss‑back and the deserter. The Convention voted down my amendment to this end. The suffrage clause 1 of Sec. 180 of this new Constitution says: "All who have honorably served in the land or naval forces" shall have the right to register  and vote without regard to character or other qualification. It is contended that the words "honorably served" would exclude a


4956                  

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deserter. If a soldier served faithfully for a year he honorably served for that period, although he may have deserted afterwards.  The language of the Constitution is not that the soldier honorably served the period of his enlistment or until legally discharged. No, sir. Why. sir, Benedict Arnold "honorably served" the cause of the Revolution when fighting, and winning victories, but that honorable service ceased when he deserted. I personally know several instances where men in the Confederate army-‑yes, in my own company, and regiment‑‑ who served "honorably" and fought for rears and then deserted and some of them donned the blue and fought on the other side. I will never by my vote equally honor them with the faithful. That is just what this Constitution has done. The "Grandfather" clause is still worse. It is violative of the Fifteenth article of the Constitution of the United States because a discrimination is made against the negro in the ratio of a thousand to one and even greater, without any test as to fitness to exercise the franchise. except that of race, Which it right is too much for the oath I took to support the Constitution of the United States. Another fundamental objection to this clause is its un-American anti- Democratic character of the inheritance of a political right. That belongs to the regal, or kingly form of government and should never find a place in the Constitution of any one of these United States of America whether it belongs to Judge Coleman's temporary or permanent plan of enfranchising all white men rascals, and unfit included.

My contention has been and is that substantially the same test, or standard of qualification and fitness should be applied to white and black alike, and that is the only way, in my judgment to keep the oath we have taken and accomplish the desired end by 1awful and proper means. The same tests, or standards of fitness to exercise the right of suffrage, making an exception, as to lack of book education, would be fair in favor of the old soldiers. This would constitute an honest basis and probably disqualify as many negroes as would the plan adopted by this Convention, and do it honestly, conscientiously and fairly. It would of course, disfranchise some unfit white men who are less worthy of being trusted with the ballot than a negro of intelligence and good character. I  maintain that the test should be of individual worth and trustworthiness to use the ballot for the common good of the State.  Elevate the electorate and secure honest elections. The negro is not a favorite with me in politics. His enfranchisement should have been left to the States. Mr. Blaine, Garfield and other Northern statesmen claimed that the negro's enfranchisement was necessary to protect him from the unfriendly legislation of the Southern States. I have cause for a greater grievance against the race, politically, than any delegate in this Convention.  In 1870 when I was elected to the Legislature a negro ran against me. In


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CONSTITUTIONAL CONVENTION, 1901

1872 when I ran as the Democratic nominee for Congress in this district, I was defeated by a negro, Rapier the only time I ever was defeated in a race before the people but those occurrences do not warp my judgment nor bias my sense of justice.

My position has been misunderstood by some members of this Convention, and misrepresented by others. The President of this Convention, Mr. Knox, is, I presume, from his appearance before the Suffrage Committee and his able advocacy of the treasure, the chief originator of the plan of suffrage adopted by the Convention. I have no doubt but that he and a majority of this Convention believe the plans of suffrage set forth in this new Constitution to be wise. I cannot fully approve it. I would be glad to know that I am mistaken, but a close study of it has not enabled me to see it in a favorable light. The whole of the temporary plan except the Third subdivision of Section 180 is tainted with unconstitutionality and wrong principle. The provision for three registrar; for each county of the same political party, in the face of numerous precedents for minority representation, does not indicate fairness nor honest non‑partisan work. An amendment was offered for one of the registrars to be of the minority party, but it was tabled. Why should it not have been adopted if the boards are to be composed of fair-minded men and you desire an honest registration ?

After making a role that no delegate should speak but one time, he waited until the four of us who made the minority report against the "grandfather" clause and ex-Governor Jones had spoken, ad under the rules had no chance to reply, the President of this Convention made an elaborately prepared speech in reply to us. He claimed that I had made an eloquent protest "against the disfranchise orient of the negro." The gentleman knew when he made that statement that it was not true, and that I was as much in favor of disfranchising, or as he' said of "eliminating from the electorate, ignorant, incompetent and vicious negroes" as he was, but the difference between us was, and is now, that I desired also to eliminate from the electorate "the ignorant, incompetent and vicious" white men as well as such negroes, and contended that such a course was necessary to elevate the electorate. He expressed his surprise that in a "review which the gentleman gave us of his dramatic experience in the military service to note that the only heroic conduct which seems to have impressed him, was on the part of a negro body servant, while one of his own race is described as climbing saplings in his mighty strides to escape the bullets of the enemy. I deem it unjust to the white man," he said, "when a comparison of the races is being made, to select an exceptional instance of depravity as the white man's exemplar to be set over against an exceptional case of valor can the part of the negro."


4958                  

OFFICIAL PROCEEDINGS

I did not engage in giving a dramatic account of my military experience, which was more varied and extensive than the gentleman can well conceive, although his imagination showed aptitude when he undertook to ridicule me for having the good sense not to undertake, on that occasion, to recount all the stirring events in my military experience, but to give but one as an apt illustration of the question I was then discussing. He criticized me for mentioning one instance of high courage in a negro, and who was not a soldier, and an act of cowardice in one white man. I could have recounted the high courage and heroic deaths of Captains Brainard, Ellison, Gory, Weems, Parks, Hill and Hill, and my dearly beloved brother who fell upon the heights of Gettysburg, pierced through by eight bullets and died in the hands of the enemy, and the brace O'Connor, Cody, Frank Cain, Holloway, Sam Gardner, 16‑year‑old Tommie Wright and Jack Caricker, Sergeant White and hundreds of other brave souls, but this would have consumed my time and have been a departure from the subject of discussion. The artful dialectician exhibited his own unfamiliarity with such incidents by relating the story of Poke Miller's performance of one brace act in ordering the regiment to move up to the colors and as a consequence "the ramparts were taken and the enemy completely routed," for which relation the speaker received loud applause by this Convention. I wonder where was the Colonel, or commanding officer of that regiment, when that illiterate youth, a private in the ranks, usurped the function of the Colonel and made that regiment charge and carry the ramparts of a fort, putting the enemy behind and with "the ramparts to fight?  Mr. Knox doubtless read that story in De Bree's book, or a dime novel. Any man who has had experience in battle knows that it never occurred as he related it.

His dramatic account of another fearless boy-soldier's death in Virginia, is more probably correct, as he may have expired after the battle. The gentleman admitted when interrupted that I did not intend to assert the equality of the races. Then why did he have recourse to such a lawyer‑like argument, when there could be no reply to him, rather than the lofty view of a statesman? It was special pleading, sharp practice of the lawyer. His speech aside from the criticisms I have made ,vas, it must be confessed, an able presentation of his side of the question then under discussion. But why did the Convention order thousands of his and other speeches male on that side published in pamphlet at the State's expense for circulation among our constituents and refuse to have published in like manner my speech and those of other delegates who spoke on the same side as myself of this great question if they desired to be fair? The people‑ our constituents ‑‑are the ultimate judges of what is right. I know that Cardinal Richelieu was right when he said that "Nothing succeeds like


4959

CONSTITUTIONAL CONVENTION, 1901

success." Yet the people have a keen sense of the right and nothing should be withheld from them. They are our masters and we are their servants.

EXEMPTIONS.

No change whatever is made in the new Constitution. The article stands just as in the old. This is in consequence of a restriction attached to the enabling act by the Legislature at the instance of one man, who by way of amendment, stuck on the proposition that no change should be made in the exemption law, believing that this would be popular and gain votes in favor of the Convention. In my Judgment there is no one article in the old Constitution more in need of revision than this and when properly explained to the people, all conceded it. It is utterly unequal in its provisions and unjust in many respects. It could have been vastly improved, but in consequence of that foolish provision in the platform of the Democratic party not a single change was made.

EDUCATION.

Liberal and permanent appropriations are made in this article of the new Constitution. Its provisions generally are good. I doubt the wisdom of the permanent annual appropriation of $30.000 to the State University, out of the taxes when that institution has the means if property utilized, independently of the State treasury, to become as it should a great university, and be the pride of the State.

MUNICIPAL AND PRIVATE CORPORATIONS.

This article of the new Constitution is much better and defines the rights and duties of such corporations more closely than does the present Constitution, and a great part of its provisions are entirely free from objection and some of them decidedly commendable. The authority of cities and towns to issue bonds and provide for the payment thereof is much better guarded and defined than in the present Constitution.

FREE PASSES ON RAILROADS.

I was greatly impressed at the outcome of the controversy over this question. After all the protests and great noise made against the free pass evil by the newspapers and others and the stacks of petitions sent to the Convention against it, the provision in the new Constitution is worse than that in the present Constitution. The great newspapers seem satisfied and the petitions ceased to circulate. The old or present Constitution, Section 23 of Article XIV, denies the right to any railroad or other transportation company to grant free passes, or to sell tickets or passes at a discount other than as sold to other people, to any member of


4960                                          

OFFICIAL PROCEEDINGS

the Legislature, or to any person holding office under this State, etc. The defect with that always has been that the Legislature never would provide any penalty for its violation. The new Constitution limits the prohibition to members of the Legislature and all officers exercising judicial functions. That applies from the Chief justice all the way down to and including justices of the Peace and Notaries Public exercising judicial jurisdiction.

The Judges of Probate, Registers in Chancery, County Commissioners and the intendent, or Mayor, of a town or city, Recorders and Police Judges. None of these can accept and use a free pass, or a pass or ticket bought at a reduced price without incurring the risk of being fined not over five dollars, and of being sent to jail not exceeding six months; while the Sheriff, County Treasurer, Tax Assessor and Collector can lawfully receive and use such passes. So, too, can the railroads all give passes to the Governor, Secretary of State, Auditor, Treasurer and Attorney General. These officers are ex-officio, the Tax Assessors of all the railroad's properties, of their rolling stock, and of the telegraph and telephone lines throughout the State, amounting to many millions of dollars in value, and all the counties through which any of these lines run, have to assess their for county taxes at the figures given by the Governor's board. Under the present Constitution it is illegal for the Governor, or any of these officials to use passes, but the new Constitution makes it legal for them to take and use all the free passes they can get and they can and will get them from every railroad in the State. The new Constitution affixes no penalty to giving out this so-called legislative and judicial poison. The penalty is on the fool who takes the poison.  If the free pass business be an evil and it can only be such on the principle of the Lord's prayer, "Lead us not into temptation," then it should apply to all State officials or to none. It would have been much better to have stricken it out of the Constitution altogether than to have made it as it is. With the number of railroad lawyers who were delegates and the position they held in the Convention I know that nothing could be done on the subject looking to the eradication of the so-called free pass evil. It is certainly more objectionable as it stands in the new Constitution than in the old.

Mr. President, I deem it my duty to my constituents and to my friends in this Convention to make known my position on the question of the ratification of this Constitution.

After the consideration with which the measures I have proposed and advocated before this body and the disposition thereof, were I selfish enough to desire to make political capital out of it, my way would have been clear, but, sir a proper regard for the pledges I made to the people, controls my action. I have for years favored a Constitutional Convention, and when canvassing


4961

CONSTITUTIONAL CONVENTION, 1901

and speaking to the people this year, I found many in doubt whether to vote for or against the call. To induce them to vote for it, I pledged them in every one of the addresses I delivered, that if they would vote to call a Convention. and if it did not, when called, make a better Constitution than that of 1875, that I would vote and speak against its ratification. This made it a matter of conscience with me to make a close comparison of the two Constitutions. With me there is no politics in it. I became a delegate not to make any political capital for myself nor for any friend. I have not introduced a measure, uttered a sentence nor cast a vote in this Convention for a political purpose. I came to the Convention, not to gratify any ambition or to win new honors, but solely because I was vain enough to believe that through my long and varied experience as a public man I could contribute largely to the difficult task of making a good Constitution for the people of my beloved native State, which had honored me. I was moved by a sense of gratitude. I found when too late to retrace my steps, that I was mistaken and that my services and experience were not needed or desired, and hence I have been able to accomplish very little in the framing of the new Constitution, But, sir, I have no grievance to gratify and have not performed my duty. I have none but the kindest feeling toward every delegate in this Convention. I have made the comparison between Constitutions and submit the same in writing for publication. I have tried to do no injustice in the comparison. It is not so full as I would like to have made it but time and space forbid a greater extension. I look above unfriendly criticism and tradition, to the higher question, as to which is the better course for the people and their interest.

The new Constitution contains many excellent provisions and several objectionable ones. Among these is the suffrage scheme.  It was framed with one object in view and is complicated containing many experimental and doubtful provisions. A less complicated article looking to a broader purpose-‑the elevation and purification of the electorate, so as to secure perfectly honest elections could have been framed, but sticklers in favor of a literal construction of an unwise provision in the Democratic platform, which was so ably criticized by the Rev. Dr. Murphy, caused the construction of the narrow and complicated Article on Suffrage which the people are now called upon to ratify.

This new Constitution is not such an instrument as the people of Alabama are entitled to, and had a right to expect at the hands of this Convention. Its consideration has taken much time and incurred much expense to the State.

With all of the objectionable provisions contained in the new Constitution. I feel it but just to say that, taken as a whole, it is a better Constitution than that of 1875, and hence I believe that


4962                                          

OFFICIAL PROCEEDINGS

its ratification will be better for the interests of the people of the State than its rejection. (Loud and prolonged applause.)

I have indulged freely in the criticism of various provisions, but I trust have done no injustice to any of the provisions, nor to any person. In fact my references are not at all personal, for my feelings are of the kindest character towards every delegate on this floor, and I believe that all are honest in their purposes and have done whatever they thought was best. I thank you, gentlemen, for your attention. (Loud and prolonged applause.)

MR. FERGUSON‑I ask unanimous consent to recall my Cuban resolution introduced early in the session.

THE PRESIDENT‑ The gentleman from Jefferson asks unanimous consent to recall his Cuban resolution. The Chair hears no objection. Will the gentleman from Jefferson suspend a moment until the Committee on Harmony submits a report?

MR. SPRAGINS‑ The Committee on Harmony, after a conference among themselves and with members of the Judiciary Committee have concluded that it was wise in addition to the independent and separate ordinance which has been passed by this Convention relative to the funding of the bonded indebtedness of the State, that a general provision of the same nature and character be passed, and by unanimous consent, of this Convention as Section 282 of the Article on Miscellaneous Provisions in this Constitution, we ask now to amend the Article on Miscellaneous Provisions by adding this Section:

Section 283. The act of the General Assembly of Alabama entitled "An act to consolidate and adjust the bonded debt of the State of Alabama," approved Feb. 18, 1895, an act amendatory thereof entitled, "At act to amend Section 6 of an act to consolidate and adjust the bonded debt of the State of Alabama. approved Feb. 18, 1895," which said last named act was approved Feb. 16. 1899, are hereby made valid, and both of said acts shall have the full force and effect of lain, except insofar as they authorize the redemption before maturity of the bonds authorized by said act; to be issued. The Governor is authorized and empowered to act under the same and to carry out all of the provisions thereof; provided, that the bonds authorized to be issued by said acts and issued thereunder may be made payable at any time, not exceeding fifty years from the date thereof and shall not be redeemable until their maturity.

There being no objection the amendment was allowed.

THE PRESIDENT‑ The question will be upon the consideration of a certain resolution relating to Cuba introduced by the gentleman from Jefferson.


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CONSTITUTIONAL CONVENTION, 1901

MR. FERGUSON‑I am not in good voice, and I will ask permission to have the Clerk read it.

The Clerk read as follows:

Mr. President:

Sometime in the beginning of the present century, in the early days of this Convention, before the acceptance by Cuba of the Platt amendment, I introduced a resolution extending congratulations to the people of Cuba on the cessation of all their woes, welcoming her to the family of nations and expressing the hope that, some day, free and untrammeled, she might become our younger sister in the mighty union of States (Laughter.)  Since that far off time, Cuba has accepted the terms of the Platt amendment, and is now a sovereign State among the nations of the earth.

Keeping in mind, Mr. President, the supreme purpose for which this Convention vas assembled, I have introduced no ordinance or resolution that had for its purpose any advantage to self, or that would seem to advance any political fortunes. I had no ulterior purpose in view in presenting this Cuban resolution. We had sent greetings to old Virginia, and it occurred to me it would be courteous to extend our congratulations to the young republic, whose people had suffered so much. I make no prophesy, but I believe that Cuba some day, will become a part of this mighty empire, on whose possessions, "the sun in his golden journey around the earth," never sets.

By the terms of the Teller resolution and the Platt amendment, we cannot force her to become a part of us. We are in honor bound not to coerce her. So, if she join us, it must be of her own free will, as a sovereign state of the Union.

I am up, Mr. President, for the purpose of inquiring where my resolution "is at" if this tender little thing is dead and buried, I would like to know it. (Laughter.)

There are many hopes and aspirations and high reaching thoughts and vaulting ambitions sepulchered in that expression, `'it died in Committee.' (Laughter.)

If it be that this little creature has died in committee, I desire to resurrect it and put it on its passage, and while the Clerk reads it, I will request my friend from Chambers, who sits opposite, to play something soothing, soft and tender while its little form is being raised from the table.

If it does not pass, I will, like my resolute and ever resoluting friend from Walker, console myself with the thought that it is better, "to have resolved and lost than never to have resolved at all." (Long applause.)


4964                  

OFFICIAL PROCEEDINGS

MR. deGRAFFENREID‑ I move to lay the resolution on the table.

MR. FERGUSON‑A point of order— the resolution has not been read.

THE PRESIDENT‑ The resolution was recalled by unanimous consent and is before the Convention.

MR. WILLIAMS (Marengo)‑I ask for a reading of the resolution.

THE PRESIDENT–The reading of the resolution is not essential to its passage. The Chair will direct the Secretary to read the resolution if desired. The attention of the Chair is called to the fact that there is, a motion to table the resolution.

A vote being taken, the motion to table prevailed.

THE PRESIDENT‑‑ The resolution is laid upon the table. The gentleman from Jefferson can recall the resolution from the table at any time he sees fit.

MR. REYNOLDS (Chilton)‑I ask unanimous consent to offer a resolution.

THE PRESIDENT‑ Unanimous consent is asked by the gentleman from Chilton to introduce a resolution. Is there objection?

Objection was made.

THE PRESIDENT–Objection is made, and it will not be in order at this time.

MR. LONG (Walker)–I move to suspend the rules and that the resolution be allowed to be introduced.

MR. PARKER (Cullman)–If there is no business before the Convention for its consideration this evening.  I move that we do now adjourn.

THE PRESIDENT–The gentleman from Cullman moves that the Convention do now adjourn.

MR. OATES–Will not the gentleman from Cullman withdraw that motion?  I want to say just one word.  I do not know anything about what the resolution is, but we have nothing to lose and sometimes much to gain by a little liberality.  Let the delegate (Mr. Reynolds of Chilton) send up his resolution and have it read.

THE PRESIDENT–The gentleman from Chilton will send up his resolution.

MR. REYNOLDS–I want to say that I will move to suspend the rules so that the resolution be put upon its passage.


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CONSTITUTIONAL CONVENTION, 1901

THE PRESIDENT ‑The gentleman from Chilton asks unanimous consent to introduce a resolution at this time. Is there objection?

MR. SPRAGINS‑I object.

MR. O'NEAL‑I move that the rules lie suspended, and that he be allowed to have the resolution read.

THE PRESIDENT‑ The Chair understands the gentleman from Lauderdale moved to suspend the rules.

MR. O'NEAL‑I withdraw it.

MR. REYNOLDS (Chilton)‑I am an elected delegate to this Convention, this is a courtesy which has been extended to every delegate here—

THE PRESIDENT‑ The question is not debatable.

MR. REYNOLDS (Chilton)‑I move to suspend the rules to put this resolution upon its passage.

MR. WILLIAMS (Marengo)‑I move we adjourn.

THE PRESIDENT‑ The gentleman front Chilton moves to suspend the rules to introduce a resolution.

A vote being taken a division was called for, and upon a further vote there were 57 ayes and 39 noes, and the motion to suspend the rules was lost.

MR. HEFLIN (Randolph)‑I ask unanimous consent to make a report from the Committee on Schedules and Printing.

THE PRESIDENT–Unanimous consent is asked to offer a report from the Committee on Schedule and Printing? Is there objection ?

MR. REYNOLDS (Chilton)‑I object.

MR. HEFLIN‑I move that the rules be suspended.

MR. HARRISON‑I desire to ask the consent of the delegate from Randolph to allow me to make an inquiry before he introduces his report. I desire to inquire, Mr. President, from the Committee on Harmony, whether or not we could not pass upon a portion of the enrolled bill this afternoon, if it is ready?

MR. deGRAFFENREID‑ It has not come to us from the Committee on Engrossment yet.

MR. HARRISON‑ For the benefit of the delegates, I desire to suggest that if we could read a portion this afternoon, it would enable us to complete our labors tomorrow.


4966                                          

OFFICIAL PROCEEDINGS

MR. SPRAGINS‑‑ The Committee on Enrollment directed me this morning to say in the report I made that it would be impossible to report the original draft until tomorrow at 9 o'clock. They have verified once and they are going to verify twice.

THE PRESIDENT‑ The Secretary will read the report of the Committee on Schedule and Printing.

The Secretary read the report as follows:

Mr. President:

The Committee on Schedule, Printing and Incidental Expenses has instructed me to make this our final report, viz:

The Committee has carefully considered all ordinances, resolutions, accounts and petitions which were referred to said Committee, most of said accounts were allowed, some were scaled and few were not allowed. We herewith return to the Convention all ordinances, resolutions, petition, etc.. that were referred to said Committee.                                                                                                

The Committee has audited the accounts hereto attached and finds that the State of Alabama is indebted to "Marshall & Bruce of Nashville, Tenn., in the sum of $7.

We find that said State is indebted to the Brown Printing Company of Montgomery, Ala., in the sum of $207.50.

We find that said State is indebted to the Ed C. Fowler Co.,of Montgomery, Ala., in the stem of $64.40.

We find that said State is indebted to The Montgomery Advertiser of Montgomery, Ala., in the sum of 75 cents.

We find that said State is indebted to Robert Hasson, Doorkeeper, in the sum of $6.10.

We find that said State is indebted to Jos. R. Wing of Montgomery, Ala., in the sum of $6.70.

All of the above amounts are for printing done, and for articles furnished the State of Alabama for use of the Constitutional Convention, and all of the above accounts are itemized as shown by bills hereto attached. Total amount, $292.45, and we recommend the payment of the same, all of which is respectfully submitted.

JOHN T. HEFLIN, Chairman.

MR. HEFLIN‑I ask that the report take the usual course and lie upon the table.

THE PRESIDENT‑ The report will lie upon the table.

MR. HEFLIN (Randolph)‑I desire to report Ordinance No. 301 with a substitute favorably reported.


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CONSTITUTIONAL CONVENTION, 1901

The Secretary read Resolution 301 as follows:

Resolution 301, by Mr. Rogers (Lowndes) reported favorably with a substitute:

Resolved, That after this Convention has adopted this Constitution that 5,000 copies of it be printed in pamphlet form for distribution throughout the State, and that six copies be send to each member by the Secretary of the Convention.

That the Committee on Printing be instructed to contract for the printing and distribution of the same and report to the Convention the cost of the same.

Amend by striking out in line 2, 5,000, and insert in lieu thereof 50,000, and by striking out six in line 4, and insert in lieu thereof 200.

MR. HEFLIN‑I move that the rules be suspended and the resolution be put upon its passage.

MR. O'NEAL— I ask that the resolution be read again— we do not understand it.

THE PRESIDENT‑ The question will be upon the adoption of the resolution ,which has just been read. The Secretary will read the resolution again.

The Secretary again read the resolution.

MR. EYSTER‑I offer as a substitute for that, the resolution introduced by me this morning, providing for the printing of the present Constitution and of the old Constitution in parallel columns in order that the people may see the changes made.

MR. COBB‑I desire to offer an amendment to that.

THE PRESIDENT‑ The gentleman will have to wait until the Chair can recognize him.

MR. HINSON‑I have a substitute for the substitute.

THE PRESIDENT‑ The Chair will state to the gentleman from Lowndes that the committee itself reports a substitute to the original resolution. Thereupon the gentleman from Morgan offers a substitute for the substitute reported by the committee, and further amendments are not in order.

MR. REESE‑I make the point of order, that the amendment offered by the gentleman from Morgan is not in order, because it should be in writing and handed to the clerk, and therefore the amendment of the gentleman from Lowndes is in order.

THE PRESIDENT‑ It has been usual when gentlemen desire a moment to present their views to the Convention not to


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hasten on in such a way as to cut their off, and the gentleman has sent for the resolution.

MR GRANT‑I rise to make an observation in regard to this amendment—

THE PRESIDENT‑ The Chair will recognize the gentleman in a minute, after the substitute is offered for the substitute reported by the committee.

MR. GRANT‑I want to say for the information of members that it is my understanding that the Governor is going to have this Constitution printed by the American association at Birmingham,. and it will be in every newspaper in the State, and I think 50,000 copies will be ample.

The resolution offered by Mr. Eyster as a substitute for the substitute reported by the committee was read as follows:

Whereas, the people are desirous of seeing both the old and new Constitution for the purpose of comparison, and

Whereas, the principal cause ref dissatisfaction in some parts of the State arises from a lack of knowledge of the differences between the two instruments, and as to which the people desire means of enlightenment ; and

Whereas, the cost of printing 100,000 copies would be only about 20 per cent. more than printing. 50,000 copies.

Therefore, be it resolved, that all resolutions heretofore passed by the Convention in regard to printing the new Constitution be, and the same are hereby repealed.

Resolved, further, that the President and Secretary be and they are hereby instructed to have printed for distribution 100,000 copies of the new and old Constitution in parallel columns in addition to the publication provided for the act calling this Convention. A sufficient sum of money, not otherwise appropriated, is hereby appropriated to cover the cost of said printing etc.

MR. EYSTER‑I move the adoption of the substitute for the report of the committee.

THE PRESIDENT‑ The question will be upon the adoption of the substitute offered by the gentleman from Morgan, for the substitute reported lay the committee to the original resolution.

MR. COBB‑I desire to make an amendment if it can be done, to have this printed in sheet form. 'There is no use going to the expense of having pamphlets printed.

MR. O’NEAL‑ If they are printed in sheet form you will lose them.


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MR. COBB‑ Let them be lost. 'They are for general distribution.

MR. WEAKLEY‑ It seems to me that this Convention has slightly overdone the printing business. When the ordinance upon Suffrage and Elections was adopted 5,000 copies were ordered printed, and there is today in the Senate chamber a wagon load of printed matter which has never been undone from the package, when it was sent up here by the printer. The ordinance on Suffrage and Elections was materially amended and changed as finally passed by this Convention, and there is a wagon load of printed matter that was hauled up the hill, the State will pay for it and then it will be hauled down again. It will never be distributed.

The Convention, in its wisdom, passed Section 5 of the schedule as follows:

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

I apprehend that when this State Constitution is reported back to this Convention and adopted it will lie printed in the stenographic report of our proceedings. It seems to me that the thousand copies which will be furnished to the members will answer their purposes for immediate distribution, and that the steps indicated by the gentleman from Calhoun (Mr. Grant), which the Governor intends to take, to print this in every paper in the State, ought to be sufficient. It seems to me that the Constitution itself directing the Governor to do this, ought to be the measure of our work in the premises. It strikes me that we should have adopted the resolution offered by the gentleman from Walker and bought a printing establishment when this Convention first commenced.

MR. GRANT‑ That was what I was trying to call the attention of the Convention to, when I appeared to be somewhat out of order. If we print 100,000 copies of this Constitution in pamphlet form and rely upon the members of this Convention to distribute them throughout the State, it will never be done. I had a conversation with the Governor (I probably should not speak of it here, but he is a printer and a publisher, and understands these things, and so am I), and I suggested to him that about the most economical plan we could adopt to get this Constitution before the general public of the State would be to contract with a firm at Birmingham, or elsewhere, to print this patent outside for newspapers and also with a firm who makes these plates for printing without typesetting, which can be done very cheaply and there is not a paper in the State of Alabama that will not be glad to


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take these sheets, fold them in their papers as supplements, and you can get a circulation of two hundred thousand copies through the daily and weekly newspapers of the State without a cent of cost for postage, as would be the case if we had it printed in pamphlet form. Now I think there ought to be a limited number of copies of the new Constitution printed in pamphlet form, something like twenty-five thousand copies, as suggested by the Committee. and I like the suggestion that the two Constitutions be printed in parallel columns, that the people may compare them.  Twenty-five thousand copies are as many as the members of this Convention will ever mail, and it is ample.  Twenty-five thousand copies will cost from fourteen to fifteen hundred dollars, and you can see from that how much one hundred thousand copies will cost, and we are liable to incur an expense here that will be utterly useless. The great mass of the people and readers of newspapers throughout the State will see it in the newspapers if the Governor does what he now contemplates doing.  Twenty-five thousand copies in pamphlet form, for the members of the Convention to use, to send to the best informed men throughout the State, will be sufficient.

MR. BURNS‑ We are not after putting it into the hands of the lest informed men. They are all right.

MR. GRANT— I say the mass of the people will get it through the newspapers and public speakers, and the men who will interest themselves in the ratification of this Constitution will have these copies in pamphlet form. I think twenty-five thousand copies will be ample in pamphlet form, and that there will be at least two or three hundred thousand copies circulated by this plan by the weekly and daily newspapers of the State.

MR. HEFLIN (Randolph)‑As you all know the matter of printing has been very expensive during this session. We had bids submitted to us by the Brown Printing Company and a good many other printing concerns to do this work. They say they will print twenty-five thousand copies of the Constitution on paper equal to that used for the Supreme Court reports, bound in pamphlet form, for seven hundred and eighty dollars; fifty  thousand copies for fourteen hundred and sixty-five dollars and one hundred thousand copies for twenty-eight hundred and fifty dollars.  It seems to me we have spent enough money along this line and that we should spend only enough to scatter this Constitution over this State, and I believe fifty thousand copies will be a sufficient number. If distributed by the delegates to this Convention, each delegate will get two hundred copies. That will leave nineteen thousand copies with the Secretary of this Convention for general distribution.  I hope the Convention will adopt the substitute offered by the Committee.   I move to lay the substitute offered by the gentleman from  Morgan on the table.


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MR. ROGERS (Sumter)‑I move to amend by moving to lay the substitute of the gentleman from Morgan and the substitute reported by the Committee on the table.

THE PRESIDENT‑A motion to table is not amendable.  The question is on the motion of the gentleman from Randolph to table the substitute offered by the gentleman from Morgan for the substitute offered by the Committee.

Upon a vote being taken, the motion to table the substitute offered by the gentleman from Morgan prevailed.

MR. ROGERS (Sumter)— I move to lay the report of the Committee on the table.

MR. HEFLIN (Randolph)‑I thought I had the floor.

THE PRESIDENT‑ The gentleman submitted his motion and it was put and carried, he cannot retain the floor to submit another one. The question is on the motion of the gentleman from Sumter to lay the report of the Committee on the table.

Upon a vote being taken a division was called for and by a vote of 49 ayes and 3 5 noes, the motion to table the report of the Committee prevailed.

MR. O'NEAL (Lauderdale)‑I move that the matter of printing the Constitution be referred to a special committee to be appointed by the President.

THE PRESIDENT‑ The gentleman from Morgan has the floor.

MR. EYSTER‑I ask unanimous consent to introduce a short resolution relating to the subject under consideration.

Objection was made.

MR. O'NEAL (Lauderdale)‑I move that the matter of printing the Constitution be referred to a special committee, to be appointed by the President, to report tomorrow morning.

THE PRESIDENT‑ The motion will not be in order at this time.

MR. O'NEAL‑I ask unanimous consent.

Objection was made.

MR. CARMICHAEL (Coffee)‑As I understand the situation, the substitute by the Committee was tabled, but the original ordinance offered by the gentleman from Marengo was not tabled, and is now before this Convention.

THE PRESIDENT‑ The Chair will state for the information of the gentleman from Coffee that the entire report of the


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Committee on Schedule and Printing was laid upon the table and it cannot be brought before the Convention except by a motion to take from the table.

MR. O'NEAL (Lauderdale)‑I move that the rules be suspended for the purpose of allowing the chair to appoint a committee to report on this whole matter tomorrow morning.

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

MR. BAREFIELD‑I move that we adjourn until 9 o'clock tomorrow morning.

Upon a vote being taken the motion was carried.

Thereupon the Convention adjourned.

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CORRECTION

In proceedings of first clay, second column, the delegate from Marengo appears as Gasnard Williams, whereas it should be Gesner Williams.

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