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NINTH DAY
___________

                                                                                                                                MONTGOMERY, ALA.,
                                                                                                                                May 31, 1901.

     The Convention was called to order by the President, and the proceedings were opened with prayer by the Rev. Neal Anderson as follows:

     Almighty God, we praise Thee that Thou hast brought us together again at the beginning of a new day. We have laid us down in peace and have slept and awakened because Thou didst make us to dwell in safety. Thou hast cast our lot in a pleasant and fruitful land, Thou hast blessed this people with good government and with peace, Thou hast set Thy tabernacle among us and Thy sanctuary in our midst, Thou hast caused us to dwell in a land that has before it by Thy providence great future, a land of Goshen. We pray Thee than Thou wouldst open the eyes of Thy servants, that they may see the possibilities of the coming generation, and that they may plan wisely and in the fear of God. We pray Thee that Thou wouldst place in the hearts of this people the love of righteousness and truth that they may always remember that righteousness exalteth a people, and keep them, O God, from sin, which is a reproach upon any nation. Give unto Thy servants, the members of this Constitutional Convention, the spirit


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of wisdom and of understanding, of counsel and light, and of the fear of God. We pray Thee, that those things which make for a people's peace may not be hid from the eyes of those that sit in the people's councils. May Thy servants be men who hate covetousness and love righteousness, and as we seek Thy blessing upon them and their labors, we pray Thy blessing upon those at home that Thou wouldst watch over them and keep them in Thine own dear keeping, that Thou wouldst grant that their lives and health and strength and their every interest may be precious in Thy sight, and grant unto us each one, O God, knowledge of the truth in Jesus for repentance of sin and forgiveness through the blood of Thy dear Son. Amen.

     THE PRESIDENT--The Secretary will call the roll.

     MR. deGRAFFENREID--I ask unanimous consent before the calling of the roll to be allowed to make a motion before the Convention, which I think in the future will tend to shorten its deliberations. I move that from this day forward, unless a demand is made for the roll call, for the purpose of ascertaining whether or not a quorum is present, the roll be not called. The presumption is that all members are in their seats unless they have obtained leave of absence, and we will thus save ten or fifteen minutes every morning. I understand this is the rule and custom in most deliberative bodies. It is the custom in Congress. As I say the presumption is that all members are in their seats unless leave of absence has already been obtained.

     MR. OATES--I am sorry I cannot concur with my friend, the delegate from Hale. He alluded to Congress. They never fail to call the roll to ascertain who are present.

     MR. deGRAFFENREID--I was told day before yesterday by a member of Congress, Hon. Geo. W. Taylor, that the calling of the roll was dispensed with and that there was no roll call in Congress unless it was done for the purpose of ascertaining whether or not there was a quorum.

     MR. OATES--Then they have degenerated into that practice since I had the honor of being a member. I think the calling of the roll is very important. It will consume a very short time. We have dispensed, practically, with the reading of the journal and I don't think we should dispense with too much of what may be denominated proceedings.

     MR. WHITE--I rise to a point of order. That motion is out of order.

     MR. deGRAFFENREID--I ask for unanimous consent, if there is no objection.

     THE PRESIDENT - The point of order is well taken.


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     MR. WILLETT--I rise to a point of order. The gentleman from Hale asks unanimous consent, if there is no objection. It is in order to make the motion when he asks unanimous consent, unless there is objection.

     THE PRESIDENT--The Chair understands the point of order requires a suspension of the rules.

     MR. deGRAFFENREID--I move a suspension of the rules, Mr. Chairman.

     MR. OATES--I submit the point of order by the delegate on the right is not well taken because the Chair never put the question to know whether there was objection or not. The delegate from Hale stated "if there was no objection," but until the Chair puts the question whether there is objection, the point of order is not well taken.

     MR. deGRAFFENREID--I move the suspension of the rules, and that in the future the roll call of this Convention in the morning be dispensed with, unless it be demanded for the purpose of ascertaining whether or not a quorum is present.

     MR. BULGER--Mr. President, it looks to me, sir, like this is a very unwise measure--

     MR. WILLETT--I rise to a point of order.

     THE PRESIDENT--The gentleman will state the point of order.

     MR. WILLETT--A motion to suspend the rules is not debatable.

     THE PRESIDENT--The point of order is well taken.

     MR. GRAHAM (Talledega)--I rise to a point of order, the motion for suspension of the rules has not received a second.

     The motion was seconded.

     THE PRESIDENT--The motion of the gentleman from Hale is that the rules be suspended.

     MR. BEDDOW--I move that the motion of the gentleman from Hale be laid upon the table.

     Seconded.

     MR. WHITE--I rise to a point of order.

     THE PRESIDENT--The gentleman will state the point.

     MR. WHITE--You cannot lay on the table a motion of that character.


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     THE PRESIDENT--The point of order is well taken.

     The question was put upon the motion to suspend the rules and on a vote the motion to suspend was lost.

     The roll was called and showed the presence of 123 delegates, a quorum.

     THE PRESIDENT--The next order of business is the report of the Committee on Journal--

     MR. PETTUS--Mr. President, I desire to offer a resolutions relating to the proceedings.

     Resolution No. 83, by Mr. Pettus:

     Be it resolved, That hereafter all ordinances, and resolutions, offered in this Convention shall state briefly in the title the substance of such ordinance or resolution and shall be read by the title only and referred to the appropriate committee, provided, that it shall be in order for any delegate to call for a full reading of such ordinance or resolution within a reasonable time after it has been read by the title.

     THE PRESIDENT--The resolution will not be in order at this time, except by unanimous consent.

     MR. PETTUS--I ask unanimous consent to have it referred to the Committee on Rules.

     THE PRESIDENT--The gentleman asks unanimous consent to have it referred to the Committee on Rules. Is there objection? No objection being made it is so referred.

     The report of the Committee on Journal was read, stating the journal has been examined and found correct.

     MR. PETTUS--I move that the report be accepted.

    MR. MORRISSETT--I move that the report be adopted.

     Seconded.

     The motion was carried.

     MR. KIRKLAND--I desire to ask leave of absence for tomorrow and Monday.

     The leave was granted.

     MR. POSTER--I ask leave of absence for Mr. Searcy of Tuscaloosa for today and tomorrow.

     Granted.

     MR. GRANT (Calhoun)--I desire to ask leave of absence for the delegate from Etowah County for tomorrow, Mr. Kyle.


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     The leave was granted.

     MR. PORTER (Coosa)--I ask leave of absence for tomorrow and Monday.

     The leave was granted.

     MR. MILLER (Marengo)--I desire to ask leave of absence for tomorrow, Monday and Tuesday.

     The leave was granted.

     MR. JACKSON--I desire to ask leave of absence for this afternoon, tomorrow and Monday.

     The leave was granted.

     MR. MALONE--I desire to ask leave of absence for Mr. Reynolds of Henry for today and tomorrow.

     The leave was granted.

     MR. WILSON (Washington)--I desire to ask leave of absence for today and tomorrow for Mr. Gilmore of Clarke.

     The leave was granted.

     MR. MCMILLAN (Wilcox)--I ask leave of absence for Mr. McMillan of Baldwin for Monday.

     The leave was granted.

     MR. BRONWE--I move, Mr. President, when this convention adjourns today, that it adjourn to meet at 11 o'clock on Monday.

     The motion was seconded.

     MR. BROWNE--I move to suspend the rules in order that the motion may be put on its passage.

     The motion to suspend was seconded.

     MR. FOSTER--Mr. President, I move to amend that motion by changing the hour to 12 o'clock Monday.

     MR. BROWNE--I accept the amendment.

     MR. PRESIDENT--The gentleman from Talladega moves when this convention adjourns today that it adjourn to meet at 12 o'clock on Monday.

     The motion was carried.

     THE PRESIDENT--The question now is upon the reading of the journal.

     MR. BOONE--Mr. President, I move that the reading of the journal be dispensed with.


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     The motion was seconded and carried.

     MR. FREEMAN--I desire to ask leave of absence for myself for Monday.

     Granted.

     MR. COBB (Macon)--I ask leave of absence for Monday for myself.

     Granted.

     MR. FOSTER--I have an ordinance, which was referred to the Committee on Amendments of the Constitution, relating to the working of roads by taxation. I ask the President to consider whether it should not be referred to the Committee on Taxation.

     THE PRESIDENT--The gentleman is correct, and at the suggestion of the gentleman from Tuscaloosa, the ordinance will be referred to the Committee on Taxation.

     MR. STEWART--I ask leave of absence for Monday.

     The leave was granted.

     MR. MAXWELL--I desire to ask leave of absence for Monday.

     The leave was granted.

     MR. WILLIAMS (Marengo)--I ask leave of absence for Monday.

     The leave was granted.

     MR. GREER (Calhoun)--I desire to ask leave of absence for Monday.

     The leave was granted.

     MR. LOWE (Lawrence)--I desire to ask leave of absence for myself for Monday.

     The leave was granted.

     MR. ESPY--I have a resolution I desire to have read.

     THE PRESIDENT--The resolution is not in order at this time.

     MR. ESPY--I ask unanimous consent that it be referred to the Committee on Rules.

     THE PRESIDENT--The gentleman from Henry asks unanimous consent--

     MR. WILLETT--I object. I insist on the regular order.


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     MR. O'NEAL (Lauderdale)--I would be glad if the clerk would inform the House whether, with the number of leaves of absence which have been granted for Monday, a quorum can be obtained on that day? I think the convention would be glad to know that fact.

     THE PRESIDENT--Seventeen leaves have been granted. The chair thinks there will be no difficulty about a quorum. The Secretary will continue the roll call where he left off on yesterday.

     MR. MORRISSETT--The gentleman from Limestone has offered a resolution, which was referred to the Committee on Rules, with reference to reading ordinances and resolutions by their titles. I heartily concur in that resolution, but if the Committee on Rules reports favorably upon the resolution and an ordinance is read by its title, will it be included in the stenographic report?

     THE PRESIDENT--It is impossible for the chair to state whether the Committee on Rules will report it, or report it favorably.

     MR. MORRISSETT--I understand, but the idea is, if the Committee on Rules will report it favorably, still the ordinances and resolutions will be included in full in the stenographic report.

     MR. GRAYSON--Mr. President, I move, sir, that we reconsider the motion by which we just agreed to adjourn over until next Monday. Now, on last Saturday there was merit in that adjournment, simply because the committees had not been formed, and the business of the convention had not been fairly started, but now many of us live a long way off, and we have come hereto do the business of the State, and I hold, sir, that it is our duty to remain here on Saturday and proceed with the business that is before us.

     MR. VAUGHAN--Mr. President, I move that we proceed with the regular order.

     THE PRESIDENT--Let me state the question--The gentleman from Madison moves to reconsider the vote by which this convention determined to adjourn when it adjourns today, to meet on Monday.

     MR. WILLETT--I rise to a point of order. A motion to reconsider an adjournment is not in order. A motion to adjourn after the House has decided to adjourn to a time definite is not reconsiderable.

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

     MR. MULKEY--I desire to ask leave of absence for Monday and Tuesday.


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     The leave was granted.

     THE PRESIDENT--The Secretary will proceed to call the roll.

     Ordinance No. 163, by Mr. Sanders:

     An ordinance to amend Article VIII. of the Constitution by striking out the whole thereof, and inserting the following touching all who will be eligible to register, vote and hold office in Alabama.

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

     First--That every male citizen of the State, and of the United States, native born or naturalized, not less than 21 years of age, and possessing the following qualifications, shall be an elector, and shall be entitled to vote at any election in the State by the people, except as may be herein or otherwise provided.

     Second--He shall have resided in the State of Alabama for one year, in the county six months, and in the precinct, ward or other election district, in which he offers to vote, for threc months next preceding the election. Provided, the removal from one precinct, ward, or other election district to another in the same county, shall not operate to deprive any person of the right to vote in the precinct, ward, or other election district from which he has removed, until three months after such removal: and provided, that no soldier, sailor, nor marine in the military service of the United States, shall acquire a residence by being stationed in this State.

     Third--Every person offering to vote shall be at the time a legally registered voter and in the manner hereinafter provided by law; and the General Assembly of Alabama shall enact general registration laws to carry into effect the provisions of this article.

     Fourth--Every person presenting himself for registration shall be able to read and write any section of the Constitution of this State, and of the United States, in the English language. But no male person who was on January lst, in 1867, or at any time prior thereto, entitled to vote under laws of any State of the United States wherein he then resided, and no lineal descendant of any such person shall be denied the right to register and vote at any election in this State by reason of his failure to possess the educational qualification herein prescribed; Provided, he shall have registered in accordance with the terms of this Section prior to December 1, 1911. After said date no person thereafter arriving at the age of 21 years shall be eligibleto register, vote or hold office in this State who does not possess the qualifications of an elector hereinabove prescribed in this section.

     Fifth--The General Assembly shall provide for the registration of all persons entitled to vote without the educational qualification herein prescribed; and shall on, or before, November 1, 1911, provide for the making of a permanent record of such registration; and all persons registered shall forever thereafter have the right to vote in all elections by the people in this State, unless disqualified under Section 2 of this Article, and under the next succeeding section thereof.


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     Sixth--The following persons shall not be permitted to vote, or to register as voters, or to hold public office in this State, while their disabilities continue, namely: Those who deny the existence of Deity; those who are idiots or insane; those who shall have been convicted of giving or receiving any bribe to influence voters or any election officers, with reference to any election: those who have been convicted or who shall confess their guilt upon indictment pending of any offense punishable by imprisonment in the penitentiary, unless their disabilities have been removed according to law.

     Seventh--All elections by the people shall be by ballot, and all elections by persons in a representative capacity shall be viva voce.

     Eighth--Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, or while going to or returning therefrom.

     Ninth--The General Assembly shall pass laws not inconsistent with this Constitution, to regulate and govern elections in this State, and all such laws shall be uniform throughout the State.

     Tenth--It shall be the duty of the General Assembly to pass adequate laws affording protection against the evils arising from the use of intoxicating liquors at all elections in this State.

     Eleventh--Persons who are not citizens of the United States, and who are not descended from a father or mother belonging to the white race, shall not be eligible to any office under the Constitution and laws of this State.

     Twelfth--All persons elected to public office in this State, before entering upon the duties of the office, shall take and subscribe the following oath:

     I, ___________________, do solemnly swear (or affirm) that I will support and maintain the Constitution and the laws of the United States, and the Constitution and laws of the State of Alabama, not inconsistent therewith and that I will faithfully discharge the duties of my office as ________________, so help me God.

     Thirteenth--Returns of elections for all civil officers who are to be commissioned by the Governor except Secretary of State, State Auditor, State Treasurer, and Attorney General, and for members of the General Assembly, shall be made to the Secretary of the State.

     Referred to Committee on Suffrage and Elections.

     Ordinance 164, by Mr. John W. A. Sanford:

     An ordinance to amend Section 54 of Article IV., and to authorize the State to construct and own works of internal improvement.

     Be it ordained by the people of Alabama in Convention assembled, That Section 54 of Article IV. of the Constitution, be amended by striking out the words: "The State shall not engage in works of internal improvements," so that the section shall read


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as follows: "The State may construct and own works of internal improvements having for their object the conveyance and transportation of passengers and freight; but shall not lend its money or credit in aid of such; nor shall the State be interested in any private corporate enterprise; or lend money or its credit to any individual, association, or corporation.' "

     Be it further ordained, That the State shall have no power to sell, mortgage, lease or alienate in any manner such internal works of improvement to any individual, association or corporation.

     Be it further ordained, That only persons convicted of crime shall be employed as laborers in the construction of such works of internal improvements.

     Referred to Committee on Legislative Department.

     Ordinance No. 165, by Mr. Sanford (Montgomery):

     An ordinance to prohibit the General Assembly from abolishing the military system of education in the University of Alabama and in the Alabama Polytechnic Institute.

     Be it ordained by the people of Alabama in Convention assembled, That the General Assembly shall have no power to abolish, or to authorize any Board of Trustees to abolish, the system of military education in the University of Alabama and in the Alabama Polytechnic Institute.

     Referred to Committee on Education.

     Ordinance No. 166, by Mr. Sanford (Montgomery):

     An ordinance to amend Section 2 of Article I. of the Constitution by striking out the words "or who shall have legally declared their intention to become citizens of the United States."

     Be it ordained by the people of Alabama in Convention assembled, That Section 2 of Article I. (Declaration of Rights) be amended by striking out the words, "or shall have legally declared their intention to become citizens of the United States," so that the section shall read as follows:

     Sec. 2. That all persons who are residents in this State, born in the United States or naturalized, are hereby declared citizens of the State of Alabama, possessing equal civil and political rights.

     Referred to Committee on Preamble and Declaration of Rights.

     Resolution 84, by Mr. Sanford (Montgomery):

     Resolved, That during the call of the roll for the introduction of resolutions and ordinances no discussion upon any subject shall be heard by the Convention, and all such discussion shall be considered out of order.


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     MR. SANFORD--I move that the rules be suspended so that the Convention can act on that resolution immediately.

     A vote being taken, the Convention refused to suspend the rules, the vote on division being 46 ayes, 54 nays.

     The resolution was referred to Committee on Rules.

     Ordinance No. 167, by Mr. Selheimer:

     An ordinance to amend Section 29 of Article IV. of the Constitution of Alabama.

     Be it ordained by the people of Alabama in Convention assembled, That Section 29 of Article IV. of the Constitution of Alabama be amended so that the same shall read as follows:

     The General Assembly shall have no power to grant, or to authorize or require any county or municipal authority to grant, nor shall any county or municipal authority have power to grant, any extra compensation, fee or allowance to any public officer, servant or employee, agent or contractor, after service shall have been rendered or contract made; nor shall any officer of the State bind the State to the payment of any sum of money but by authority of law.

     Referred to Committee on Legislative Department.

     Ordinance No. 168, by Mr. Selheimer:

     To amend Section 13 of Article V of the Constitution of Alabama.

     Be it ordained by the people of Alabama in convention assembled, That Section 13 of Article V of the Constitution of Alabama be amended so that the same shall read as follows:

     Every bill which shall have passed both houses of the General Assembly shall be presented to the Governor; if he approve he shall sign it, but if he shall not approve he shall return it with his objections to that house in which it shall have originated, which house shall enter the objections at large upon its journal and proceed to reconsider it. If, after such reconsideration, a majority of the whole number elected to that house shall vote for the passage of said bill, it shall be sent with the objections, to the other house by which it shall likewise be reconsidered; if approved by a majority of the whole number elected to that house, it shall become a law; but in such cases the votes of both houses shall be determined by yeas and nays, and the names of the members voting for and against the bill shall be entered upon the journals of each house respectively. If any bill shall not be returned by the Governor within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the General Assembly by their adjournment


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prevent its return, in which case it shall not be a law unless the Governor, within ten days after such adjournment, shall sign the same and deposit it in the office of the Secretary of State, in which case it shall become a law in like manner as if it had been signed by him before adjournment. And every order, vote or resolution to which the concurrence of both houses may be necessary (except questions of adjournment and of bringing on elections for the two houses and of amending the Constitution) shall be presented to the Governor and before it shall take effect, be approved by him, or being disapproved, be repassed by both houses according to the rules and limitations prescribed in the case of a bill.

     Referred to Committee on Executive Department.

     Ordinance No. 169, by Mr. Sentell:

     Relating to exemptions.

     Be it ordained by the people of Alabama in convention assembled, That Section 2 of Article X of present Constitution be amended by incorporating into said section the following:

     "Such resident may select and have set apart as a homestead, a residence in any town or city and also a parcel or tract of land any where in the county of such residence, Provided the area of both does not exceed 160 acres and the value of both does not exceed $2,000.

     Exemptions.

     Mr. Sloan yielded his time to Mr. Beavers. Mr. Beavers offered memorial, which was read as follows:

     To the President and Delegates of the Convention of the People of the State of Alabama:

     With the view of asking the Constitutional Convention for relief from the act purporting to have been passed by the recent General Assembly of Alabama, removing the county seat of Shelby County from Columbiana to Calera, we have prepared the following statement, in order that the members of the convention may be thoroughly informed as to the manner of the passage of the act to wit:

     In 1895, an election was held in Shelby County under authority of an act of the General Assembly passed at the instance of the citizens of Calera to permanently locate the county seat of the County--the places voted for being Columbiana and Calera, Columbiana carried this election by 826 majority. This was intended to settle this question. But at the session of the General Assembly of 1898-9, another act was passed, also at the instance of Calera, providing for another election on this same question, Columbiana and Calera being the only places to be voted for. Calera was given four years in which to call said election. Two years of said time has elapsed and no election has been called.


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     At the last session of the General Assembly (session of 1900-1) an act was alleged to have been passed directly removing the county seat from Columbiana to Calera. This act was passed secretly and fraudulently, and with the knowledge of possibly not exceeding a half dozen citizens of the county, and certainly contrary to the will and wish of a large majority of the citizens and tax payers of the county, and, notwithstanding the members of the General Assembly from Shelby County had assured the people of the county that they would not introduce any legislation pertaining to the court house.

     The fact if the introduction, pendency and passage of this bill was, in some unexplained manner kept out of the daily report of the proceedings of the legislature as made by the newspapers of the State, no reference thereto having been made in any of the papers until the morning after the General Assembly had adjourned when the fact of the passage of the act the day previous appeared in the daily papers. This is the first intimation that the people of the County had of the existence of the act. Letters were at once written to all the members of the General Assembly asking information in regard to the passage of the bill. Seventy-four members answered that they never heard of such a bill until after the adjournment of the General Assembly, and only three or four wrote that they had any knowledge of it, and their knowledge was of the most meager and indefinite character.

     Thirty-eight of the sixty-nine members of the House who appear from the journal to have voted for the bill say they never heard of such a bill. The others have not yet been heard from.

     Eight members of the Committee on County and County Boundaries in the House, to which Committee this bill was referred, appear to have signed their names across the back of the original bill, making a favorable report thereon. Six out of the said eight members say they not only did not make such report, but that they never heard of the bill.

     Hon. W. E. Striplin of Elmore County, appears to have signed said favorable report and said bill, and acting chairman. That gentleman writes a letter in reference to the same, a copy of which is as follows:

                                                                                                                           Tallassee, Ala., May 7, 1901.

Hon. J. R. White, Columbiana, Ala.:

     My dear Sir---In reply to yours of the 26th of April, beg to say, that I have no knowledge of the passage of the court house bill in your County. I don't remember one thing about it. I notice they have me reported as acting chairman when the bill was reported, but I am certain that was not the bill. It was a little stock bill, I think. They may have had a blank cover on it, and after getting our names on it, removed it to the court house bill. I am sure I never saw the courthouse bill.

                                                                                                                 Yours truly,

                                                                                                                  W. E. Striplin.


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     The other letters of the members of said Committee are strong and emphatic. They are in our possession here and any one desiring to see them may do so by applying to the undersigned.

     The wrapper or cover enclosing this bill, which is House bill No. 1587, on the back of which is no endorsement of the caption of the act, bears convincing evidence of having been the cover of some other bill or paper before it was made the cover of this one--thus corroborating the suggestion contained in the letter of Mr. Striplin, Acting Chairman, that the cover with the favorable report hereon must have been removed from some other bill and used as the cover of the Court House bill.

     Hon. C. C. Whitson, a prominent member of the last House, was requested by those who opposed the removal of the Court House from Columbiana to observe closely the legislation from Shelby County and to inform the friends of Columbiana of any legislation that might be attempted in reference to the Court House. He writes that he watched closely after this matter all the while, and never heard of any such measure until the adjournment. He is put down as voting for the bill.

     Hon. J. L. Peters of Columbiana, defeated Democratic candidate for the legislature attending on the session of the legislature much of the time, looking after the legislation for the County. He says he never heard of the bill.

     The act places an enforced indebtedness of about $75,000 (principal and interest) on the tax payers of Shelby County.

     Moreover, it removed the county seat from near the center of the County to a place within two miles of the boundary line of Chilton.

     While Shelby County has been Populite for the past twelve years, the Democratic party succeeded in electing a Democrat as delegate to this Convention upon a platform pledging him to use all honorable means to secure, through this Convention, relief against the provisions of said act, although the candidate of the opposition was in favor of the removal of the County seat to Calera--thus again showing the will of the people of the County against the removal of the County seat.

     Both the Democratic and Populist parties of the County in their respective Conventions assembled, condemned, in strongest terms, the passage of the act.

     In view of the foregoing facts and conditions and for the protection of the tax payers of Shelby County and for the purpose of righting the outrageous wrong, we earnestly request that you adopt such measure as will give relief against the provisions of the alleged act of the last legislature so removing the Court House from Columbiana to Calera.

                                                                                                                Yours respectfully,
                                                                                                 (Signed)


                                                                  D. R. McMillan,    A. P. Longshore,
                                                                  J. R. White,    Gordon DuBose,
                                                                 W. B. Browne,          Citizens Committee.


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     Ordinance 170, by Mr. J. R. Beavers:

     To declare null and void the act of March 5th, 1901, with accompanying memorial (relates to County seat of Shelby County).

     Be it ordained by the people of Alabama in Convention assembled, that the act entitled an Act to provide for the removal of the County seat of Shelby County from Columbiana to Calera: to authorize an issue of County bonds to raise money for the erection of a Court House and jail and to provide for the erection of such building at Calera; to provide for paying for the interest and principal of said bonds; to appoint a Board of Court House Commissioners and to prescribe their duties and compensation, approved March 5th, 1901, be and the same is hereby declared null and void.

     Referred to Committee on State and County Boundaries.

     MR. SMITH--I desire to make a report from the Committee on Rules.

     The report was read as follows:

     The Committee on Rules begs to report to the Convention that it has had under consideration the resolutions hereinafter mentioned, and reports thereon as follows:

     The Committee reports favorably upon Resolution No. 41, introduced by Mr. Altman of Sumter, and recommends its adoption by the Convention. Said resolution reads as follows:

     Be it resolved, That 300 copies of the Bill of Rights and Constitution be printed and distributed among the members of the Convention and Committees.

     The Committee reports favorably to Resolution No. 34, introduced by Mr. Reese of Dallas, and recommends its adoption by the Convention, which resolution reads as follows:

     Resolved, That for the purpose of easy reference, the Rules Committee, or such other committee as shall have supervision of the printing of the record of the proceeding, shall cause the pages constituting such record to be numbered consecutively in the same manner now practiced in the Congressional Record of the Congress.

     The Committee reports favorably to Resolution No. 71, introduced by Mr. O'Neal of Lauderdale, and recommends its adoption by the Convention, which resolution reads as follows:

     A resolution to adopt the present Constitution of the State of Alabama by this Convention, subject to such revisions and amendments in any Article, Section of part thereof as this Convention may hereafter determine.


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

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

     The Committee reports adversely to Resolution No. 82, introduced by Mr. Oates of Montgomery, and recommends that it be not adopted by the Convention, because the operation of the resolution of Mr. Oates is identical with the operation of Resolution No. 71, by Mr. O'Neal of Lauderdale, hereinabove reported favorably, and the Committee reports adversely to this resolution only for the reason that its subject matter is fully covered by the resolution of Mr. O'Neal. Said resolution No. 82, introduced by Mr. Oates, reads as follows:

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

     The Committee reports favorably to resolution No. 76 introduced by Mr. Proctor of Jackson, and recommends its adoption by the Convention. Said resolution reads as follows:

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

     The Committee reports favorably to resolution No. 80, introduced by Mr. Reese of Dallas, and recommends its adoption by the Convention. Said resolution reads as follows:

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

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

     The Committee reports adversely to resolution No. 50, introduced by Mr. Henderson of Pike, and recommends that it be not adopted by the Convention, for the reason that Resolution No. 41, introduced by Mr. Altman of Sumter, covers the same matter and has been favorably reported. Said resolution reads as follows:

     Resolved, That 500 copies of the present Constitution be printed for the use of members of this Convention.


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     The said resolutions hereinabove referred to are herewith returned to the Convention:

     MR. PETTUS--It seems to me that the resolution reported by the Committee on Rules and offered by the gentleman from Lauderdale, Mr. O'Neal, is very important, and as I do not fully understand it, I should like to have that part of the report read over again or I would call for a division of the report so that I can vote separately on that proposition.

     THE PRESIDENT--Which do you want?

     MR. PETTUS--I call for the reading first.

     The clerk read the part of the report referred to.

     MR. BLACKWELL--I would like to ask a question. Is not the present constitution, the Constitution of the State of Alabama until we make a new one without adopting a resolution to that effect.

     THE PRESIDENT--Does the delegate ask that question of the Chair?

     MR. BLACKWELL--Yes, sir.

     THE PRESIDENT--In the opinion of the Chair, the constitution now in force will continue in force until it is repealed or a new constitution adopted.

     MR. SOLLIE--But. for the fact that side issues are being brought in I would not make the point of order, I am about to make. We are proceeding with the roll call of members for the purpose of the introduction of ordinances, resolutions, etc., and the reports of committees, either standing or special are out of order.

     MR. WILSON (Clark.)--Under the rules, the Committee on Rules can report at any time. I desire to offer a substitute for the proposition of the gentleman from Lauderdale and I ask that it be read.

     MR. WHITE--May I inquire Mr. Chairman if I had not the floor.

     THE PRESIDENT--The Chair had recognized the gentleman from Clark.

     MR. WHITE--I understand that, but I understood only for the purpose of making a point of order.

     MR. WILSON--I rose before the gentleman from Dale interposed a point of order and I rose to offer a substitute.


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     THE PRESIDENT--When the Chair recognized the gentleman from Jefferson he supposed the gentleman from Clark had taken his seat, but found that he had not.

     The substitute offered by Mr. Wilson (Clark) was read as follows:

     Resolved by the convention that each committee report to the convention the article or section of the present constitution which it is proper for said committee to consider as to which no amendment has been proposed and which in the judgment of the committee having charge of the article or section should not be amended.

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

     MR. WILSON (Clark)--I favor the reason for the resolution proposed by the gentleman from Lauderdale, but it has occurred to me that his resolution was not certain enough to enable the convention to decide as to what matters in the judgment of the convention should be considered and what should not be. It seems to me the only direct way to get at the matter is for each committee to take up the matter of which it has jurisdiction and consider the article and report back to the convention all of the sections in that article as to which no amendment is pending and as to which in the judgment of the committee no amendment should be proposed and report that matter back to the convention, then leave us to consider such matters as the committees think should be considered and such matters as gentlemen have proposed amendments to. That was my purpose in offering the substitute for the resolution.

     MR. WHITE--I much prefer the substitute to the original resolution, but I am not prepared to say that I shall support that. It looks like now we are going to complicate ourselves very seriously by the adoption of this resolution or possibly by the adoption of the substitute. When we once adopt that, then that is the constitution, not by virtue of the fact that it is already the constitution but by virtue of our action in adopting it. Then we cannot amend that constitution after having so adopted it unless we suspend the operation of that resolution and we can only do that by giving notice of a motion to reconsider it today and reconsider it tomorrow. In other words, it seems to me we tie our hands when we have once adopted that resolution; then the present constitution becomes the constitution which we have already adopted and we will find our hands tied in that, we can only get rid of these provisions by a motion to reconsider or by a motion to suspend the rules which takes a two-thirds vote of the convention to carry. I think we should consider very seriously this resolution before we adopt it.


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     A reading of the original resolution which was favorably reported on by the Committee on Rules anal of the substitute offered by the delegate from Clark was called for and had.

     MR. SMITH (Mobile)--It seems to me there is a misunderstanding as to the purpose of the original resolution. The purpose of the original resolution as the committee understood it was to relieve us of the necessity of introducing a number of resolutions, the object and purpose of which were to re-enact certain sections of the present constitution as they now are; and the idea was that it would be unnecessary at this time or at least until the Committee on Harmony had finally reported the constitution, to offer any ordinance whose sole pupose was to re-enact any existing provision of the constitution. The purpose of the ordinance was to have an understanding that everything that was not amended or repealed by an ordinance introduced and passed would be considered and adopted as a part of the final constitution.

     Now, as to the substitute: It seems to me it does not get at it as directly as the original motion. It directs the committee, it is true, to report such potions of the constitution as have not been adopted but it does not create the distinction which the original resolution does, that all portions of the constitution not affected by the work of this convention shall stand as part of the new constitution.

     The objections of the gentleman from Jefferson seems to me not well taken as we are now proceeding in a number of instances by the introduction of ordinances whose sole purpose is to reenact portions of the constitution--we are falling into the same embarrassment that my friend points out as the result of this resolution. We here adopt before the matter has been fully considered a portion of the existing constitution as a part of the new constitution. Later on a gentleman introduces a resolution to conflict with it or a committee when it comes to report upon an article makes a report in conflict with it and in each and every instance an inquiry would be made as to whether or not some previous motion or resolution has to be considered before that new ordinance or report of committee can be taken up and considered.

     MR. WHITE--Will the gentleman allow me to ask a question?

     MR. SMITH (Mobile)--Yes, sir.

     MR. WHITE--Suppose that some member should want to introduce some measure that is entirely a new law, and does not form any part of the present Constitution, are we not limited by that resolution to simply amending, altering, or changing the present Constitution? In other words, have we the opportunity
under that resolution to introduce measures entirely new and not embraced by that? In other words, can we do anything, except alter, amend, or change the present Constitution if that is adopted?


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     MR. SMITH (Mobile)--In reply to the gentleman, I beg to say that in my opinion it does not prevent any change of any kind or description. If a resolution is offered, expressly repealing, or in conflict with any provision of the present Constitution, it seems to me that by its own force it alters the Constitution to that extent.

     MR. WILLETT--Will the gentleman allow we to ask a question?

     THE PRESIDENT--Does the gentleman consent to be interrupted?

     MR. SMITH (Mobile)--Yes.

     MR. WILLETT--Suppose I should introduce the bill of rights here as a resolution, who passes upon it? Under that rule as the delegate from Pickens, I send forward to the clerk's desk a resolution. Does the journal show it, or is it ruled out, under that resolution?

     MR. SMITH (Mobile)--It seems to me that it would be directly in conflict with the resolution now offered.

     MR. WILLETT--Then what becomes of my resolution?

     MR. SMITH (Mobile)--I think it would have the same effect as if you offered to reintroduce a resolution which had already been adopted by the convention.

     MR. WILLETT--Would the chair order that resolution stricken from the journal?

     MR. SMITH (Mobile)--I am not able to answer the gentleman for lack of parliamentary experience. The gentleman, I believe, is more of a parliamentarian than I am. I am informed, however, that the chair would refer it to the committee. As far as I am able to go personally, is to say that it would be asking the convention to do over a second time what has already been done.

     MR. CARMICHAEL (Colbert)--Mr. President, at the proper time. I wish to introduce the following resolution--

     THE PRESIDENT--The question is upon--

     MR. CARMICHAEL (Colbert)--Yes, sir; but I propose to use this as a part of my remarks.

     "Resolved, That the Committee on the Order and Harmony of the Constitution be directed to report back to the convention, when they make final report such parts of the old Constitution as have not been amended by the proposed ordinances, as a part of the proposed new Constitution."


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     It seems to me, Mr. President, that the adoption of this resolution would obviate the objection made by the gentleman from Jefferson. The object of the proposed resolution by the gentleman from Lauderdale was to obviate the necessity of reading parts of the old Constitution, which will be accepted by all members of this convention. Now, if this Committee on the Order and Harmony of the Constitution be directed to report back to this convention such parts of the old Constitution as have not been amended, and the report of this committee be taken up and acted upon, if that course be adopted, we will neither adopt the old Constitution at this time, nor will we in any manner hamper the action of the convention. I will propose this resolution at the proper time. It is not proper now, but I will propose to offer it as a substitute for the substitute.

     I will not offer this as an amendment, Mr. President, to the amendment which has been offered.

     THE PRESIDENT--The gentleman from Colbert offers to amend the amendment offered by the gentleman from Clarke.

     MR. COLEMAN (Greene)--Let it be sent up and read from the clerk's desk.

     The resolution was again read.

     MR. deGRAFFENREID--Mr. President, the House will remember that during the past three or four days, we have spent most of our time in receiving ordinances and resolutions from the various members of this Convention. A great many of those ordinances were but reiterations of the present Constitution, in many particulars. There was, occasionally, an ordinance introduced which had as its basis, an entire article of the Constitution, with only one or two changes. The result was that we were listening to the reading of a long ordinance, re-enacting in nearly every particular the present Constitution, and making only an important change therein. It was thought by the Committee on Rules, that, if this resolutions of Mr. O'Neal's was adopted, we would have before us a framework upon which to build; that it would be unnecessary for this Convention, for instance, to consider the question as to whether or not there should be an increase in the tax rate in the State of Alabama, or whether or not there should be an increase in the powers of corporations, in this State, unless there were resolutions introduced by the members of the Convention, tending to such increases of taxation or powers. Now the gentleman from Jefferson asks the question, Mr. President, as to whether or not, if some member had something that was entirely new, something that does not now exist in the Constitution, if he would not have to move a suspension of the rules, and ask that it be introduced. Not at all. The resolution of the gentleman from Lauderdale provides simply that the present Constitution as it now exists shall be the Constitution adopted by this


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Convention, subject to such alterations, amendments or changes as this Convention may see proper to make therein. The introduction of anything that is new, would be an amendment to the Constitution.

     We have been here now for something like two weeks discussing the Fourteenth and Fifteenth amendments to the Constitution of the United States. The Fourteenth and Fifteenth amendments introduced entirely new matter into the Constitution of the United States, and they became amendments because of the fact
that they did introduce new matter therein.

     It seems to me, Mr. President, as I stated to commence with, that this simply gives us a frame upon which to work. We will have something upon which to build. For instance, take the exemptions--

     MR. WILLETT--Who is to decide whether it amends the Constitution, or whether it is new?

     MR. deGRAFFENREID--It does not matter. The Convention has the power to determine. The Convention determines all questions before it. We have a presiding officer who rules upon all questions, but if his ruling is inconsistent with the opinion of the Convention, it is overruled.

     I was going to say, Mr. President, that the subject of exemptions: is it necessary that this Convention pass an ordinance reenacting the present exemption laws in the Constitution? Is it necessary that this Convention pass an ordinance re-enacting the article on the subject of taxation? It seems to me that the resolution of the gentleman from Lauderdale leaves it within the power of this Convention to do every act that this Convention can do without it, and I, therefore, Mr. President, move that the resolution of the gentleman from Clarke, as amended by the gentleman from Colbert, be laid on the table.

     MR. CUNNINGHAM--I ask the gentleman to withdraw a moment--

     MR. deGRAFFENREID--All right sir, I will, and renew it when you finish your remarks.

     MR. CUNNINGHAM--As a member of the Committee on Rules, I desire simply to explain my understanding of the purpose of this resolution offered by the delegate from Lauderdale. In the first place, it was not to give the legal force to the present Constitution. We all know that the present Constitution stands until the new Constitution shall have been proposed by this Convention, ratified by the people, and proclaimed by the Governor. The whole question is one of parliamentary procedure, and nothing else. The misunderstanding of the Convention arises from the preamble and not from the resolution itself.


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     The gentleman from Hale has solved the problem when he says that it is looking to amendments and revisions of the Constitution, and the real purpose of the Committee, and the author of the resolution, was to save the time and the expense of printing. If the gentleman from Jefferson desires to amend an article of the Constitution entirely with new matter he would simply introduce an ordinance amending such article, and the amendment would consist of striking out and inserting, if he only wanted to amend a section of a certain article.

     MR. WHITE--Will the gentleman allow me to ask a question?

     MR. CUNNINGHAM--Certainly.

     MR. WHITE--Suppose he wanted to introduce an entirely new article?

     MR. WHITE--Suppose he did not want to strike out?

     MR. CUNNINGHAM--Then if the gentleman will wait, I will answer the question. If you want to substitute certain portions of an article or section, you would move to strike out, and insert those portions; if you wanted to insert new matter, and have the old matter removed, he would simply move to insert the new matter; if he wants to add a section, he would amend by adding such section to the article.

     The purpose, sir, is to save the time of the Convention in reading articles of the present Constitution over and over in order to get at one little amendment--probably one word. One ordinance has been before some committee that I am a member of, I do not remember which now, that was a number of pages, that simply added one word, one word. Now the proper way, would be to do this; a delegate who desires to amend any section, or article of the Constitution, would say, "amend by striking out and inserting such section," or any such article, and inserting the proposed amendment; and only the amendment would, therefore, be read and go on the minutes of this Convention, and that would save a great deal of time, and a great deal would be gained.

     MR. MACDONALD--Would that probably put this convention in the position of ratifying and confirming, and adopting the Constitution right now, which we were called here to amend?

     MR. CUNNINGHAM--No, sir.

     MR. MACDONALD--In other words would not we be voting aboslutely against the amendments we are proposing here, and adopt the sections we want to amend?

     MR. CUNNINGHAM--Certainly not, because as yet we have not amended a single punctuation point in the Constitution. As I say, it is simply a question of parliamentary procedure and


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nothing else. It does not affect the question, as far as adopting the present Constitution is concerned, and I believe if the Convention understood it, they can see the great amount of time that can be saved, not only in reading, but in printing.

     MR. FOSTER--Would not the effect of the resolution be to prevent the introduction of any ordinances?

     MR. CUNNINGHAM--Certainly not. You may strike out an entire article, or strike out an entire section. Here is what I understand it to be; that hereafter all ordinances proposing to amend the Constitution shall contain only the changes proposed. That is what we mean.

     MR. FOSTER--That is what I want to know. If the gentleman will allow me, if a delegate desires to introduce an ordinance re?enacting in exact terms, a section of the present Constitution, he would be out of order under this resolution.

     MR. CUNNINGHAM--Re-enacting in exact terms? I think he would be out of order.

     MR. FOSTER--I make the point of order, Mr. President, that you cannot limit the legislative right of the delegates on this floor.

     MR. WILLETT--I second the point of order.

     MR. FOSTER--The introduction of an ordinance is a legislative right of the delegates. You cannot trammel them in that way as to how they will proceed--

     MR. CUNNINGHAM--In answering the point of order. I believe I have a right

     THE CHAIR--I did not hear the point of order.

     MR. FOSTER--The point of order is this; that the introduction of ordinances is the legislative function of the delegate and you cannot by this rule, prevent the introduction of any ordinance by any delegate, no more than you can prevent by rule adopted by the legislature, the introduction of a bill by a member into the legislature.

     THE PRESIDENT--The chair would rule that the adoption of this rule would not prevent any delegate from introducing any ordinance he might see proper.

     MR. WILLETT--Mr. President--

     MR. CUNNINGHAM--The gentleman from Hale yielded the floor to me to give my understanding of this rule, and I, of course, leave the floor to the member from Hale.


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     MR. deGRAFFENREID--Mr. President, I made a motion that these amendments be laid upon the table. It was seconded by Mr. O'Neal of Lauderdale. Mr. O'Neal has introduced this resolution, and he has requested that I withdraw that motion for the purpose of allowing him to be heard by the Convention, and I do it, for that purpose.

     MR. BROWNE--I ask the gentleman for leave to make two or three minutes remarks on the subject, in answer to the gentleman from Jefferson.

     Leave was granted.

     MR. BROWNE--Mr. President, the gentleman from Jefferson asked a question that I do not think has been entirely answered, and that is whether or not this resolution will cut off the right to introduce an ordinance on an entirely different subject from those already embraced in the present constitution. It certainly would not have the effect of cutting off such right. He would then simply introduce an ordinance to amend the constitution of Alabama, by adding thereto a separate article upon a separate subject, if it was necessary to have a separate article. If the amendment would not properly come under any of the present sub-divisions of the constitution, he would simply offer an ordinance to amend the whole constitution by adding a separate article, upon a separate subject.

     Mr. President, the reason for this resolution is simply for the purpose of putting the delegates upon notice that in writing an amendment to the same section of the same article, it is unnecessary for them to re-write the other sections of the same article.

     MR. WHITE--I desire to ask the gentleman from Talladega, haven't we exactly that right now?

     MR. BROWNE--We have that right now, except--

     MR. WHITE--That he does not know it. (Laughter.)

     MR. BROWNE--But I will state for the information of the gentleman, that a great many delegates are writing amendments to certain sections, and for the purpose of amending certain sections are re-writing the whole article, when it is entirely unnecessary, but even after the adoption of this resolution if any delegate is so fond of writing that he still desires to re-write the whole article as well as the section he proposes to amend, he can still do so.

     MR. WILLETT--What is the object then of the adoption of the report of the Committee on Rules?


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     MR. BROWNE--Simply for the purpose of allowing all delegates to understand it is not necessary, and with the hope that we will not have more than one hundred ordinances here retaining the rate of State taxation at three-quarters of one per cent--

     MR. O'NEAL (Lauderdale)--The resolution I have offered has been very fully explained to the convention by the delegates from Mobile and Hale. I certainly would not have offered it if it was susceptible of the construction given to it by the gentleman from Jefferson. The resolution as will be seen by reading, very carefully and explicitly saves and excepts the right to change, amend, or alter the constitution in any particular. Any delegate can alter, or amend, or add to the present constitution in any respect that he sees proper. As we know, it is apparent to every delegate of this convention who has listened to these ordinances which have been read for the past week, that a large number of them have been simply repetitions of the present constitution. The purpose of this resolution was to prevent this unnecessary consumption of the time of the convention. The purpose of this resolution was to offer to the convention a basis for action, to that it would be understood that every provision of the present constitution was a law until it was changed, altered or amended by this convention.

     MR. LONG (Walker)--Would not the adoption of that resolution have the effect of disfranchising the members of this convention? (Laughter.)

     MR. O'NEAL (Lauderdale)--It would not have any such effect. Any member of this convention could offer any resolution or ordinance that he saw proper. If he desires, as the gentleman from Talladega has suggested, to repeat word for word the language of the present constitution, why there could be no objection, except on the ground of bad taste. In South Carolina and in other States where recent constitutions have been framed, this is the plan that was adopted.

     MR. CARMICHAEL (Colbert) --Several of the members would like to hear the resolution read which was offered by the gentleman from Lauderdale.

     The resolution was read again.

     MR. O'NEAL (Lauderdale)--As I was proceeding to observe--in South Carolina, and other States where conventions have recently been held, the proceedings of those bodies will show that a vast amount of time has been saved by obviating the necessity of repeating in the resolutions and ordinances which have been adopted, the provisions of the constitutions of those States. For instance in South Carolina, the amendments have been made simply as suggested by the gentleman from Jefferson, by striking out, or by adding certain words, or expressions, in certain sections


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of the constitution, but we have for the past few days sat here and listened to the reading of the constitution of Alabama, section by section, and clause after clause, without a single change being made. Now the act, under which this constitution was called -----

     MR. WALKER--Am I correct in understanding that the purpose of the Rules Committee is simply for the purpose of getting rid of the difficulty and waste of time in the introduction of repetitions of the present constitution.

     MR. O'NEAL (Lauderdale)--Certainly, that is the purpose.

     MR. WALKER--Well, I desire to ask the further question, if that cannot be accomplished by some such rule as this, ---- that the Convention will not receive or consider ordinances or propositions merely repeating articles, sections or provisions of the president Constitution, without going further and adopting the anomalous parliamentary proceedings of adopting provisions before they have been revised, and of leaving the revision and amendments subsequently to be made.

     MR. O'NEAL (Lauderdale)--I understand that is accomplished by the resolution which the Committee on Rules has reported. I do not think it anomalous.

     MR. WALKER--My question is, is it necessary to accomplish that object to go through the form of adopting the Constitution as a whole before it has been revised and amended, as we are directed by the people to do.

     MR. O'NEAL (Lauderdale)--We adopt it subject to such amendments and alterations as this Convention may see fit to make. We do not adopt it as the Constitution, but adopt it as stated subject to any changes or alterations or amendments that we desire to make.

     MR. DUKE--Under the call for this Convention, and the act calling it, isn't it to revise and amend the present Constitution, and does not the present Constitution, in fact, hold good as it stands, and if that is so, what is the necessity of your rule?

     MR. O'NEAL (Lauderdale)--If that is so, I would like to know what is the objection to it.

     MR. DUKE--Simply because it is passing a rule allowing us to do something that we have a right to do.

     MR. O'NEAL--The purpose of the resolution was to call the attention of the Convention to the fact that it was unnecessary to introduce any article or section of the present Constitution for adoption.

     MR. DUKE--Then I ask the gentleman what is the use of calling the attention of the Convention to something that the Convention is presumed to know.


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     MR. O'NEAL--Well, the action of certain members of the Convention, in sending up ordinance after ordinance, repeating the provisions of the present Constitution, seems to indicate that some members do not recognize that such is the law.

     MR. DUKE--Then I ask the gentleman if we are responsible for their ignorance?

     MR. REESE--I desire to ask the President of this Convention that in the event of the adoption of the resolution reported by the Committee on Rules, whether any amendment or substitution by striking out, or otherwise, can be passed by a mere majority vote, or do the rules of this body require any other vote than a majority vote.

     THE PRESIDENT--You ask that question of the gentleman from Lauderdale.

     The question was repeated.

     MR. O'NEAL (Lauderdale)--Not at all. A majority can act in the matter.

     MR. BLACKWELL--Mr. President, I desire to ask a question.

     MR. O'NEAL (Lauderdale)--Let me answer the questions that have already been been asked before answering you.

     MR. PILLANS (Mobile)--Mr. President, will not the object of the Committee on Rules be reached by some such resolution as this: "That it is the sense of this Convention that all ordinances hereafter offered, shall be confined to statement of new matter offered without unnecessary repetition of the existing Constitution."

     MR. O'NEAL (Lauderdale)--That is practically the same thing. I am willing to accept that as a substitute.

     Now, Mr. President, a gentleman asked me a question a few minutes ago, as to whether the present Constitution was not the Constitution of the State that bound us. The act says, "that said Convention shall continue in session until it shall, by careful revision and amendment of the present Constitution, frame and adopt a revised Constitution of the State."

     The act is based upon the idea that the present Constitution is a law, which remains in force until we revise and amend it. It does not authorize us to make an entirely new Constitution, but directs us to revise and amend the present Constitution. Now, I am of the opinion that we have the power, being called here, to amend and change the Constitution, to make an entirely new Constitution in every respect if we see proper. There cannot be any question as to that proposition. Now the substitute offered by the gentleman from Mobile covers substantially the resolution


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as offered by myself, but if in his opinion, or in the opinion of any other gentleman, it makes our purpose more clear or more explicit, I am willing to accept it.

     MR. WHITE--You accept that--the resolution offered by the delegate from Mobile?

     MR. O'NEAL--Yes sir, I accept it.

     MR. WHITE--That's all right.

     MR. WILSON (Clarke)--I withdraw the substitute proposed by myself, with the permission of the Committee.

     MR. SOLLIE--I call for the reading of the resolution offered by Mr. Pillans.

     The resolution was again read.

     MR. SMITH (Mobile)--The Rules Committee accepts the amendment.

     MR. O'NEAL (Lauderdale)--On the substitute I will call for the previous question.

     MR. deGRAFFENREID--I move the adoption of the substitute and the report of the Committee, subject to that change.

     THE PRESIDENT--The Committee on Rules, as I understand it, accepts the substitute offered by the gentleman froth Mobile, Mr. Pillans, and the question will be on the adoption of the resolution.

     MR. deGRAFFENREID--And of the report of the Committee subject to that change.

     MR. ASHCRAFT--The resolution comprehends only the idea of amendments to articles of the present Constitution. I have not the proceedings of the Mississippi Convention at hand but I know that that Convention adopted a rule which provided that all ordinances having for their purpose simply the re-enactment of some article or section in the existing Constitution, should simply state the subject matter in the headings and then simply a reference to the article or section by number. Now, if that idea were added to the suggestion of the gentleman from Mobile we would have a complete proposition and I think it would be better since we are acting under rules, for this matter to be recommitted to the Committee on Rules so that they could properly draft a rule, clear and distinct, and expressing the ideas of the Convention as now explained and I, therefore, move that this resolution and substitute be recommitted to the Committee on Rules.

     MR. WHITE--I make the point of order that the original resolution is not before the house. It has been withdrawn.


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     THE PRESIDENT--The point is well taken. The only resolution before the house is the resolution of the gentleman from Mobile (Mr. Pillans) which was accepted by the Chairman of the Committee on Rules.

     MR. WILLETT--What is the question before the House?

     THE PRESIDENT--The question is on the motion to recommit.

     A motion was made to indefinitely postpone the matter.

     THE PRESIDENT--That will be out of order because the motion to recommit has precedence of the motion to indefinitely postpone.

     MR. OATES--I wish to suggest a point of order. It is suggested that if recommitted, the resolution would not go to the Committee because the Committee has accepted a substitute. Once a report is made and in the possession of the body under consideration, the Committee has not the right to accept a substitute and thereby kill the original proposition. That is for the body itself, and, therefore, the motion to recommit would take all of it back.

     THE PRESIDENT--If objection were made they could not accept the substitute.

     MR. WHITE--I make the further point of order that it is too late after the Convention has already accepted the proposition of the gentleman from Lauderdale to withdraw it. Then is the time the point of order should be made.

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

     MR. HEFLIN (Chambers)--The Committee on Rules unless some member objects can accept any substitute and it then becomes part of the report of the Committee and I now move that the report of the Committee on Rules be adopted.

     THE PRESIDENT--The question is on the motion to recommit to the Committee on Rules the report as modified by the amendment suggested by the gentleman from Mobile (Mr. Pillans).

     A vote being taken on a division that part of the Committee's report was recommitted to the Committee on Rules.

     MR. O'NEAL--I move the adoption of the remainder of the Committee's report.

     MR. JONES (Wilcox)--I have a resolution which I desire to have read and I move to suspend the rules for that purpose.

     THE PRESIDENT--That would not be in order at this time.

     MR. JONES (Wilcox)--It pertains to this matter.


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     Resolution No. 85, by Mr. Jones of Wilcox.

     Resolved, That it is the sense of this Convention that whenever an ordinance is introduced by a member of this Convention merely to add to, amend or alter one or more sections of any article of the present Constitution that only the section or sections so added to, amended or altered be embraced in such ordinance, and that the whole article be not set out in such ordinance.

     Referred to Committee on Rules.

     A vote being taken the remainder of the report of the Committee on Rules vas adopted.

     MR. LONG--I was absent when my name was called and I ask the privilege to now introduce a resolution.

     THE PRESIDENT--Is there objection?

     There was no objection and resolution No. 86 by Mr. Long (Walker), was read as follows:

     Whereas, a resolution making an appropriation from the State Treasury of $70 a day for stenographic report of the proceedings of the Constitutional Convention was passed by this body without an aye and nay vote, and

     Whereas, There are grave doubts as to the legality of such a proceedings, and

     Whereas, the stenographic report as published show many errors, therefore, be it resolved.

     That the President of this Convention be, and he is, hereby requested to immediately cancel the contract for stenographic report after paying all the expenses by the State, connected therewith to the date of cancellation.

     Referred to Committee on Rules.

     MR. LONG (Walker)--I move that that be now taken from the Committee on Rules and placed on its passage and on that I call for the ayes and nays.

     THE PRESIDENT--Do you call for a suspension of the rules?

     MR. LONG (Walker)--No, sir; it does not require a suspension of the rules to take any resolution from a committee and place it before the house.

     THE PRESIDENT--What is your motion?

     MR. LONG (Walker)--I move we take that resolution from the Committee on Rules and place it on its passage.


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     MR. GRAHAM (Talladega)--I make the point or order that that contains two propositions, to take it from the committee and place it on its passage.

     THE PRESIDENT--The Chair would rule that the effect of the motion of the gentleman would be to suspend the rules. The regular order would be that it be referred to a committee when read and if that order is to be changed, it can only be done by a suspension of the rules.

     MR. LONG (Walker)--Under the rules adopted by the convention a majority of the delegates, 78, or a fraction over 77 can take any resolution or ordinance from any committee and place it before the Committee of the Whole of this house. That is the plain rule.

     THE PRESIDENT--That can undoubtedly be done. Undoubtedly any paper can be taken from any committee on motion when it is in order to make the motion when it comes up in the regular order, but that resolution has been referred and it seems to me the regular order now is a continuance of the roll for resolutions, etc.

     MR. LONG (Walker)--Then I give notice upon Monday next I shall ask for the Committee on Rules to report that resolution.

     THE PRESIDENT--The gentleman will be in order at that time.

     MR. MACDONALD--I am requested to ask leave of absence for today, for Mr. Jones of Montgomery.

     The leave was granted.

     MR. GREER (Calhoun)--This morning I asked leave of absence for Monday. Since then I have received a letter from my daughter saying that my wife is seriously ill and I shall be compelled to ask for indefinite leave.

     The leave was granted.

     Ordinance No. 171 by Mr. Smith (Autauga) was read as follows:

     Ordinance No. 171, by Mr. M. M. Smith (Autauga.)

     To fix the salary of Governor.

     Be it ordained, That the General Assembly shall have power from time to time to fix the salary of the Governor, Provided, that said salary shall never be less than $4,000 after the time of the present incumbent has expired and the salary of no Governor shall be increased or diminished during his term or after his election.

     Referred to Committee on Executive Department.


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     Ordinance No. 172, by Mr. M. M. Smith (Autauga.)

     To amend Section 7 of Article X of the Constitution of Alabama.

     Exemptions.

     Section 1. Be it ordained by the people of Alabama in convention assembled, That Section 7 of Article X of the Constitution of Alabama be amended so as to read as follows:

     The right of exemptions hereinbefore secured may be waived by an instrument in writing and when such waiver relates to realty, the instrument must be signed by both the husband and the wife and attested by one witness; and the General Assembly shall not, in any manner, enact that any part of the exemptions as to personal property shall be exempt from the payment of a debt as to which a waiver has been made.

     Referred to Committee on Exemptions.

     Ordinance No. 173, by Mr. M. M. Smith (Autauga.)

     To exempt cotton mills from taxation.

     Be it ordained by the people of Alabama in convention assembled, That the General Assembly of Alabama shall be authorized to exempt from taxation, State, county and municipal, for a period of ten years, all corporations and enterprises for the exclusive manufacture of cotton.

     Referred to Committee on Taxation.

     Ordinance No. 174, by Mr. Sollie.

     Be it ordained by the people of Alabama in convention assembled, That no person shall be eligible to hold any public office or to serve as a juror in Alabama who does not belong to the white race and who is not descended exclusively from the white race and who is not at the time of his election or appointment to such office and has not been for at least one year immediately prior thereto a citizen of the United States and of Alabama.

     Referred to Committee on Suffrage and Election.

     Ordinance No. 175 by same

     Be it ordained by the people of Alabama in Convention assembled, That Section 38 of Article I. of the Constitution of Alabama be and the same is hereby amended so as to read as follows:

     Sec. 38. No educational or property qualifications for suffrage shall be made by law.

     Referred to Committee on Suffrage and Elections. Ordinance No. 176 by same:


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     Be it ordained by the people of Alabama in Convention assembled, That the right of suffrage is conferred on the following persons only: Males 21 years of age or upwards, who are citizens of the United States and Alabama, or have legally declared their purpose to become citizens of the United States, and who have resided in Alabama at least one year, in the county in which they vote three months, and in the precinct or ward in which they vote thirty days next preceding the time when they vote: who have not been convicted of any crime punishable by death or imprisonment in the penitentiary, or having been so convicted shall have been legally restored to their political rights and who were enlisted soldiers and have served in the land or naval forces, or whose legitimate ancestors or kindred within the fourth degrees of consanguinity were enlisted soldiers and served in the land or naval forces in the war of the Confederacy or some other previous war in which the United States engaged or in the war of the revolution of 1776, or who have become naturalized citizens or whose legitimate ancestor have become naturalized citizens of the United States under the naturalization laws of the United States since the war of the revolution; and who shall have paid in full all poll taxes legally assessed against them after the adoption of this Constitution before they offer to vote.

     Referred to Committee on Suffrage and Election.

     MR. STUDDARD--I yield my place to Mr. Kyle.

     Ordinance No. 177, by Mr. Kyle:

     An ordinance to amend the suffrage clause of the Constitution.

     Be it ordained by the people of Alabama in Convention assembled, That Article VIII. of the Constitution on Suffrage and Elections be amended so as to provide that all persons entitled to vote under the Constitution and laws of this State, at any of the elections in this State, at the time of the ratification of the amended Constitution shall be entitled to vote under the provisions of the amended Constitution; Provided, that they shall on or before the 1st of January of the year in which they propose to vote, contribute $3 to the public school fund of the State and pay the same to the registrar at the time they register.

     It shall be otherwise provided that all young men, citizens of this State, who. arrive at the age of 21 years before the 1st of January, 1907, shall be entitled to vote, provided they contribute $3 to the public school fund of this State, to be paid to the registrar each year at the time they register, which shall be before the 1st of January of the year in which they propose to vote.

     And it shall be further provided that all young men, citizens of this State, who arrive at the age of 21 years after the 1st of January, 1907, shall be allowed to vote, provided they contribute $3 to the public school fund of this State on or before the 1st of January of the year in which they propose


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to vote, and shall pay the said contribution to the registrar at the time they register, and shall be able to read any clause of the amended Constitution, and write their name in a legible hand to the satisfaction of the register.

     And it shall be further amended so as to provide that all citizens of other States moving into or becoming citizens of this State after this amended Constitution is ratified, as well as all citizens of foreign birth who have become citizens of the United States by compliance with the naturalization laws of the United States, who desire to vote at any election in this State and are not disqualified by Section 3 of Article VIII of the Constitution, being of the age of 21 years or over, and having resided in the State twelve months, in the County in which they propose to vote, six months; and in the precinct three months, shall be allowed to vote, provided, they have contributed $3 each year to the public school fund of this State, and provided, further, that they can read any clause of the amended Constitution and can write their names in a legible manner to the satisfaction of the Board of Registration.

     It shall be further provided that no man shall be allowed to vote at any election in this State who is disqualified under Section 3, Article VIII, of the constitution, or who is an habitual drunkard or a vagrant; and no man shall be allowed to vote who has not registered before January the first of the year in which he proposes to vote, and has not contributed $3 to the public school fund of the State each year before the first of January of the year in which he proposes to vote, and paid the same to the registrar at the time of registration.

     It shall also be provided, that the Tax Collector and Tax Assessor and Circuit Clerk of each County in this State, shall constitute a Board of Registration, and shall open books of registration at the court house of each county in this State, on the first of November of each year, and shall keep registration open until the first of January thereafter of each year, and shall register all voters qualified under the terms of these amended provisions to the Constitution, keeping a record of all classified voters registered in a book kept for the purpose, names of all qualified voters to be reported in alphabetical order, showing beat in which each registered voter entitled to vote resides, his age, place of birth, and his race or nationality.

     This book of registration of legal voters shall be filed with the Probate Judge of each County on or before the fifteenth day of January of each year, and it shall be the duty of the Probate Judge of each County to prepare a list of the qualified voters as shown by the book of registration, for each beat in the County, which the Probate Judge shall cause to be posted at the polling places in the respective beats on the day before any election is to be held. And a copy of such registration list, properly certified, shall be furnished the judges of election at each voting place in the County on or before the days of the election.

     The Registrar shall, on or before the fifteenth day of January of each year pay over to the County Superintendent of Education all moneys received as contributions to the public school funds from parties registering, to be disposed of by the County Superintendent as the law may provide.


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     The legislature shall have power by law to provide for the carrying out of these amended provisions as to suffrage, and shall provide for such compensation as will be just and equitable to the Board of Registration and officers of the election.

     The contribution on the part of the voters shall in nowise interfere with the assessment and collection of one dollar ($l) poll tax for school purposes from every citizen of the State from 21 to 60 years of age inclusive.

     Referred to Committee on Suffrage and Election.

     Ordinance No. 196, by Mr. Oates:

      To amend Section 1 of Article XVI of the Constitution by adding thereto a proviso.

      Be it ordained by the people of Alabama in Convention assembled: That Section 1 of Article XVI by amended by adding thereto the following proviso, to wit:

      Provided, That the acceptance of a second office of profit other than those in this section named, shall in fact forfeit and vacate the first office without any legal proceedings to declare the same.

     Referred to Committee on Amending Constitution and Miscellaneous Provisions.

     Ordinance No. 178 by Mr. Tayloe:

     An ordinance.

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

     The appropriations made by the General Assembly of Alabama for any one fiscal year shall not exceed the sum collected from all sources by taxation in the fiscal year preceding the meeting of the General Assembly making the appropriations. All appropriations shall be paid in the order of time in which they are passed, to the extent of the collections aforesaid, and all that are in excess of such collections shall be void.

     Referred to Committee on Legislative Department.

     Ordinance No. 179, by Mr. Tayloe (Perry.)

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

     The committee of each house of the General Assembly whose duty it is to raise revenues for the purpose of paying the expenses of the State Government shall also have control of the appropriations of such revenues, subject, however to the control of the House by which the committee is raised.

     Referred to Committee on Legislative Department.


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     Ordinance No. 180, by Mr. deGraffenreid.

     An ordinance to be entitled an ordinance to amend Section 10 of Article VI of the Constitution of the State of Alabama.

     Be it ordained that Section 10 of Article VI of the Constitution of 1875 be amended so as to read as follows:

     From and after the adoption of this constitution the Judges of the Supreme Court shall receive $5,000 and the Judges of the Circuit Courts and Courts of Chancery shall receive $3,000, per annum for their services, payable monthly; but they shall receive no fees or perquisites, nor hold any office (except judicial offices) of profit or trust under this State or the United States, or any other power, during the term for which they have been elected.

     Referred to Committee on Judiciary.

     MR. GREER (Perry) - I desire to ask leave of absence for Monday and I would like Mr. Long to defer the mater of the stenographic report until Tuesday.

     The leave was granted.

     Ordinance No. 181.

     An ordinance to amend Section 27 of Article IV of the Constitution of Alabama, relating to signing of bills and joint resoltions by the presiding officer of each house. Be it ordained by the people of Alabama in convention assembled:

     That Section 27 of Article IV of the Constitution of Alabama be amended so as to read as follows:

     "The presiding officer of each house shall in the presence of the house over which he presides, sign all bills and joint resolutions passed by the General Assembly after the bills shall have been publicly read at length immediately before the signing, and the fact of read is signing shall be entered on the journal."

     Referred to Committee on Legislative Department

     Resolution 87, by Mr. Vaughan:

     Resolved, That no delegate shall introduce a resolution or ordinance until his name is reached on the roll call except under a suspension of the rules.

     Referred to Committee on Rules.

     MR. WADDELL - By request I offer an ordinance.

     Ordinance No. 182, by Mr. Boone.

     An ordinance to add an additional section to the Declaration of Rights.

     Police power of the State.

 


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     Be it ordained by the people of Alabama in convention assembled, That the exercise of the police power of the State shall never be abridged, or so construed as to permit corporations to conduct their business in such manner as to infringe the equal rights of individuals, or the general well being of the State.

     See 121 Missouri Reports, page 317.

     Referred to Committee on Preamble and Declaration of Rights.

     Ordinance No. 183, by Mr. Boone (Mobile):

     An ordinance to regulate the organization and classification of cities and towns.

     Be it ordained by the people of Alabama, in convention assembled, That the General Assembly shall provide, by general laws, for the organization and classification of cities and towns. The number of such classes shall not exceed four; and the power of each class shall be defined by general laws, so that all such municipal corporations of the same class shall possess the same powers and be subject to the same restrictions. The General Assembly shall also make provisions, by general laws, whereby any city, town or village, existing by virtue of any special charter or local law, may elect to become subject to, and be governed by, the general laws relating to such corporations.

     Sec. 2. Any city having a population of more than twenty thousand inhabitants may frame a charter for its own government, consistent with and subject to the Constitution and laws of this State, by causing a board of thirteen freeholders, who shall have been for at least five years qualified voters thereof, to be elected by the qualified voters of such city at any general or special election; which board shall, within ninety days after such election, return to the Chief Magistrate of such city a draft of such charter, signed by the members of such board or a majority of them. Within thirty days thereafter, such proposed charter shall be submitted to the qualified voters of such city at a general or special election, and if four-sevenths of such qualified voters voting thereat, shall ratify the same, it shall, at the end of thirty days thereafter, become the charter of such city, and supercede any existing charter, and all special acts of the General Assembly relating to such city, other than law securing and enforcing the payment of the debts of any such city shall supercede any existing charter and amendments thereof. A duplicate certificate shall be made, setting forth the charter proposed and its ratification, which shall be signed by the Chief Magistrate of such city and authenticated by its corporate seal. One of such certificate, shall be deposited in the office of the Secretary of State, and the other, after being recorded in the office of the Judge of Probate for the county in which such city lies, shall be deposited among the archives of such city, and all courts shall take judicial notice thereof. Such charter, so adopted, may be amended by a proposal


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therefor published for at least thirty days in two newspapers of said city, and accepted by three-fifths of the qualified voters of such, city, voting at a general or special election, and not otherwise; but such charter shall always be in harmony with a subject to the Constitution and laws of the State.

     Referred to Municipal Corporations.

     Ordinance No. 184, by Mr. Walker:

     To fix the term of office of the Chief Justice arid Associate Justices of the Supreme Court.

     Be it ordained, That the Chief Justice and Associate Justices of the Supreme Court shall be chosen at an election held at the time and places fixed by law for the election of members of the House of Representatives of the Congress of the United States of America, and shall hold office for the term of ten years, and until their successors are elected or appointed and qualified; provided, that the successor of at least one member of the Supreme Court elected at such election in the year 1904 shall be elected in each of the years 1906, 1908, 1910, 1912 and 1914. The Chief Justice and Associate Justices of said court elected in the year 1904 shall draw or cast lots among themselves to determine which of them shall hold office for the terms ending respectively, in the years 1906, 1908, 1910, 1912 and 1914, and until their respective successors are elected or appointed and qualified; the result of such determination to be certified to the Governor by such Chief Justice and Associate Justices, or a majority of them, prior to the first day of January, 1905, and also to be entered upon the minutes of the court. In the event of the failure of the said Chief Justice and Associate Justices to make and certify such determination, the Governor shall designate the terms for which they shall respectively hold office, as above provided, and shall issue his proclamation accordingly.

     Referred to Committee on Judiciary.

     Ordinance No. 185, by Mr. Walker:

     An ordinance to amend Section 17 of Article VI of the Constitution.

     Be it ordained, That Section 17 of Article VI of the Constitution be amended so as to read as follows:

     Vacancies in the office of any of the judges or chancellors of this State shall be filled by appointment by the Governor; such appointee shall hold his office until the next general election held at least six months after the vacancy occurred, and until his successor is elected or appointed and qualified; and the successor chosen at such election shall hold office for the unexpired term and until his successor is elected or appointed and qualified.

     Referred to Committee on Judiciary.


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     MR. WATTS -- Mr. Reynolds (Chilton) is entitled to my place.

     Resolution No. 88, by Mr. Reynolds (Chilton):

     Be it resolved by the people of Alabama in Convention assembled, that all County officers within this State shall be elected for a term of four years and that they be ineligible to any office in the County within four years after the expiration of their term of office.

     Referred to Committee on Executive Department.

     Resolution No. 89, by same:

     Be it resolved by the people of Alabama in Convention assembled, that a stock law shall not be passed for any community within this State until such question shall have been submitted in an election for that purpose alone, to the people of that community and a majority of the qualified voters shall have, at said election, approved of the passage of such stock law.

     Referred to Committee on Legislative Department.

     Resolution No. 90, by same:

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

     No person shall be permitted to marry within five years after obtaining a divorce.

     Referred to Judiciary Committee.

     Ordinance No. 186, by Mr. Weakly:

     An ordinance to provide for the organization, classification and government of villages, towns and cities in Alabama.

     Be it ordained by the people of Alabama in Convention assembled, that the villages, towns and cities of this State for the purpose of their organization and government shall be divided into five classes. The organization and powers of each class shall be defined and provided for by general laws so that all municipalities of the same class shall possess the same powers and be subject to the same restrictions. To the first class shall belong cities with a population of fifty thousand or more; to the second class shall belong cities with a population of less than fifty thousand and more than twenty-five thousand, to the third class cities with a population of less than twenty-five thousand and more than ten thousand; to the fourth class shall belong towns and cities with less than ten thousand and more than one thousand, and to the fifth class shall belong villages with less than one thousand population.


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     The General Assembly shall assign the villages, towns and cities of the State to the class to which they respectively belong, and change assignments made as the population of said villages, towns and cities increase or decrease, and in the absence of other satisfactory information as to their population the General Assembly shall be governed by the last preceding Federal census, provided, however, that any village, town or city in Alabama may in the year 1905 and every ten years thereafter cause a census of all the inhabitants of such village, town or city to be taken, and the General Assembly may change the classification of such town or city according to the result of such census.

     Referred to Committee on Municipal Corporations.

     Ordinance No. 187, by Mr. Weakly (Lauderdale):

     An ordinance to permit municipalities in the State of Alabama having more than two thousand inhabitants to establish municipal courts.

     Be it ordained by the people of Alabama in Convention assembled, that all cities and towns having a population of two thousand or more may establish minor courts, which shall have exclusive jurisdiction, civil and criminal, in the first instance for the enforcement of city ordinances and of penalties for the violation thereof. Such courts shall have such other or further jurisdiction as may be conferred by the legislature, but they shall not have equity jurisdiction, nor any greater jurisdiction in other respects than is now conferred on justices of the peace.

     No one shall be eligible to appointment as judge of such court unless he shall be learned in the law and shall have been duly authorized to practice law in the courts of this State for three years next before the date of his appointment. Such judge shall be subject to the same liabilities, and their judgment and proceedings may be reviewed in the same manner and to the same extent as is now or may be provided by law in the case of justices of the peace.

     The judges of such courts shall be appointed by the Mayor, and their term of office shall expire with that of the Mayor appointing them.

     Referred to Committee on Municipal Corporations.

     Ordinance No. 188, by same:

     To limit the indebtedness of the municipal corporations of this State.

      Be it ordained by the people of Alabama in Convention assembled. That no village, town or city shall hereafter become indebted for any purpose or in any manner to an amount which, including existing indebtedness, shall exceed 7 per cent. of the


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assessed valuation of the real and personal property within said city subject to taxation, as shown by the last preceding assessment for State and county purposes; provided, however, that in determining the limitation of the power of such village, town or city to incur indebtedness there shall not be included the followingclasses of indebtedness, to wit:

     (a) Notes, certificates of indebtedness, revenue bonds issued in anticipation of the collection of taxes, unless the same be not paid within two years from the date of their issue; and all notes, certificates of indebtedness and revenue bonds shall be provided for and payable from taxes levied for the year in which they are issued, and shall never exceed the amount of such taxes.

     (b) Bonds issued for the purpose of purchasing or otherwise providing for the supply of water or for the construction or installation of sanitary sewers.

     (c) Debts created for the preservation of the public health or the public peace.

     Second--No city, town or village whose present indebtedness exceeds the limitations herein imposed shall be allowed to become indebted to any further amount, until such indebtedness shall be reduced within such limit; provided, however, that nothing herein contained shall prevent any municipality from issuing bonds in removal of obligations already created and existing.

     Referred to Committee on Municipal Corporations.

     Resolution No. 91, by Mr. Weatherly:

     Whereas, The General Assembly of Alabama did provide for the holding of this Convention by an act entitled "An Act to provide for holding a Convention to revise and amend the Constitution of this State," approved December 11th, 1900; and,

     Whereas, In and by Sections 15 to 21 1-2, inclusive, of said act it was provided that certain matters should and that certain matters should not be incorporated in any Constitution which this Convention might adopt, and,

     Whereas, The question of whether or not this Convention should be held was duly submitted to the qualified electors of the State under and in accordance with said act, by whom the holding of this Convention was duly approved and this Convention has been duly convened and become organized in accordance with the requirements of said act, now therefore be it

     Resolved, That the Judiciary Committee of this Convention be and it is hereby instructed to report to this Convention at an early day to what extent, if any, this Convention is bound by the requirements contained in said Sections 15 to 21 1-2 of said act considered as a merely legislative enactment, independently of the


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vote of the qualified electors authorizing the holding of this convention, and also in connection with, and as affected by such vote.

     Note--See Jameson on Constitutional Conventions.

     Mr. White yielded his turn to Mr. Cornwall.

     Ordinance No. 189, by Mr. Cornwall:

     Providing for the levying and collecting municipal taxes.

     No city or town or other municipal corporation other than is provided for in this article, shall levy or collect a larger or greater rate of taxation in any one year on the property thereof than one-half of 1 per centum of the value of such property, provided that cities having 5,000 or more inhabitants may levy and collect an additional tax of one-half of 1 per centum on the value of such property in addition to the tax of one-half of 1 per centum hereinbefore allowed to be levied and collected.

     Referred to Committee on Municipal Corporations.

     MR. GRANT--I ask leave of absence for Monday, Tuesday and Wednesday. I have received news that makes it necessary.

     The leave was granted.

     Ordinance No. 190, by Mr. Cornwall:

     To amend Article II. of Section 7 of the Constitution of Alabama.

     That Section 7 of Article II. of the Constitution of Alabama be amended by adding thereto the following:

     And providing, further, that this Secton shall not apply to the city of Bessemer, which city may levy and collect a tax of one-half of 1 per centum in addition to a tax of one-half of 1 per centum hereinabove allowed to be levied and collected.

     Referred to Committee on Municipal Corporations.

     Ordinance No. 191, by Mr. Cornwell:

     An Ordinance to amend, alter and change, Article II, Sections 1 and 2 of the Constitution of Alabama, 1875, by the substitution therefor of the following article, to wit:

     State and County Boundaries.

     Section 1. The boundaries of this State are established and declared to be as follows: That is to say, beginning at a point where the 31st degree of north latitude crosses the Perdido river thence east to the western boundary line of the State of Georgia; thence along said line to the southern boundary line of the State of Tennessee, crossing the Tennessee River and into the second intersection of said river by said line; thence up said river to the


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mouth of Big Bear Creek; thence by a direct line to the northwest corner of Washington County in this State as originally formed; thence southerly along the line of the State of Mississippi to the Gulf of Mexico; thence eastwardly, including all islands within six leagues of the shore, to the Perdido River; thence up the said river to the point of beginning.

     Sec. 2. Until changed by the General Assembly as allowed by this constitution, the boundaries of the several counties of this State as heretofore established by law, are hereby ratified and confirmed, and no new county hereafter formed shall contain less than 15,000 inhabitants; nor shall it have less assessed taxable property than $2,000,000, as shown by the last tax returns; nor shall it contain less area than 400 square miles; and it shall be entitled to one or more representatives under the ratio of representation existing at the time of its formation.

     Sec. 3. The General Assembly may establish new counties in the following manner: Whenever one-third of the qualified electors within the area of each section of an old county proposed to be cut off to form a new county shall petition the Governor for the erection of a new county, setting forth the boundaries and showing compliance with the requirements of this article, the Governor shall order an election, within a reasonable time thereafter, by the qualified electors within the proposed area, at which election they shall vote "yes" or "no" upon the question of creating said new county; and at the same election, the question of a name and a county seat for such county shall be submitted to the electors.

     Sec. 4. If two-thirds of the qualified electors voting at such election shall vote "yes" upon such questions then the General Assembly at the next session shall establish such new county; Provided, no section of the county proposed to be dismembered shall be thus cut off without consent by a two-thirds vote of those voting in such section; and no county shall be formed without complying with all the conditions imposed in this article. An election upon the question of forming the same proposed new county shall not be held oftener than once in four years.

     Sec. 5. No old county shall be reduced to less area than 500 square miles, and to less assessed taxable property than $2,000,000 nor to a smaller population than 15,000 inhabitants.

     Sec. 6. In the formation of new counties no old county shall be cut within seven miles of its court house building.

     Sec. 7. All new counties hereafter formed shall bear a justapportionment of the valid indebtedness of the old county or counties from which they have been formed, taking into consideration the objects secured by such indebtedness and their resultant benefits and value to the old county, and to the section cut off from said old county to form part of the new county.


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     Sec. 8. The General Assembly shall have power to alter county lines at any time; Provided, that before any existing county line is altered, the question shall first be submitted to the qualified electors of the territory proposed to be taken from one county and given to another, and shall have received two-thirds of the votes cast; Provided further, that the change shall not reduce the county from which the territory is taken below the limits prescribed in Sections 3, 4, and 5 of this article; Provided, that the proper proportion of the existing county indebtedness of the section so transferred shall be assumed by the county to which the territory is transferred.

     Sec. 9. No county seat shall be removed except by a vote of two-thirds of the qualified electors of said county voting in an election held for that purpose, but said election shall not he held in any county oftener than once in four years.

     Sec. 10. Each county shall constitute one election district, and shall be a body politic and corporate.

     Sec. 11. The General Assembly may provide for the consolidation of two or more existing counties, if a majority of the qualified electors of such counties voting at an election held for that purpose shall vote separately therefor, but such election shall not be held oftener than once in four years in the same counties.

     Sec. 12. Each of the several beats of this State, with names and boundaries as now established by law, shall constitute a body politic and corporate but this shall not prevent the General Assembly from organizing other beats or changing the boundaries of those already established; and the General Assembly may provide such system of beat government as it shall think proper in any and all counties, and may make special provisions for municipal government and for the protection of chartered rights and powers of municipalities.

     Sec. 13. The General Assembly may at any time arrange the various counties into judicial circuits, and into Congressional districts, as it may deem wise and proper, and may establish or alter the location of voting precincts in any county.

     Sec. 14. Hereafter no county lines shall be so established as to pass through any incorporated city or town of this State.

     Referred to Committee on State and County Boundaries.

     Ordinance No. 192, by Mr. Whiteside:

     An ordinance to repeal Section 38 of Article I of the Constitution.

     Be it ordained by the people of Alabama in Convention assembled, That Section 38 of Article I of the present Constitution be and the same is hereby repealed.


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     Referred to Committee on Suffrage and Election.

     Ordinance No. 193, by Mr. Whiteside:

     An ordinance to amended Section 56 of Article IV of the Constitution.

     Be it ordained by the people of Alabama in convention assembled, That Section 56 of Article IV of the Constitution be amended so as to read as follows:

     Section 56. There can be no law of this State impairing the obligation of contracts by destroying or impairing the remedy for their enforcement; and the General Assembly shall have no power to make valid any contract which was invalid at the time of its execution, except with the consent of all the parties to said contract, and the General Assembly shall have no power to revive any right or remedy which may have become barred by lapse of tithe or by any statute of this State or to take away any right of action which may accrue to any party in this State, after such has been commenced to enforce such right of action.

     Referred to Committee on Legislative Department.

     Ordinance No. 194, by Mr. Willett:

     An ordinance to require all officers authorized by this Constitution to be elected by the people of the State of Alabama.

     Be it ordained by the people of Alabama, in convention assembled, That unless otherwise provided in this Constitution, all the officers created by this Constitutional Convention shall be elected by the people, and the Legislature of the State of Alabama are required to give force and effect to this provision of the Constitution..

     Referred to Committee on Executive Department.

     Ordinance No. 195 by Mr. Willett:

     An ordinance to make the directors of insolvent corporations trustees of the assets of said corporation, for the benefit of all the creditors.

     Be it ordained by the people of Alabama, in convention assembled, That the Assets of insolvent corporations shall be in the hands of the directors of said corporation a trust fund, for the benefit of all of the creditors of said corporation.

     Referred to Committee on Corporation.

     Mr. Williams (Barbour) yielded his turn to Mr. Oates (Montgomery.)

     Ordinance No. 196 by Mr. Oates:


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     To amend Section I. of Article XVI. of the Constitution by adding thereto a proviso.

     Be it ordained by the people of Alabama in Convention assembled, That Section 1 of Article XVI. be amended by adding thereto the following proviso, to wit:

     Provided, that the acceptance of a second office of profit other than those in this Section named, shall in fact forfeit and vacate the first office without any legal proceedings to declare the same.

     Referred to Committee on Amending Constitution and Miscellaneous Provisions.

     Ordinance No. 197, by same:

     An ordinance to amend Section 6 of Article V. of the Constitution.

     Be it ordained by the people of Alabama in Convention assembled, That Section 6 of Article V. be amended so as to read as follows, to wit:

     The Governor shall be at least thirty years of age when elected, and shall have been a citizen of the United States ten years, and a resident citizen of this State seven years next before the day of his election and his term of office shall be four years, and until his successor is elected and qualified, he shall not be eligible to succeed himself, in said office, nor to any other office during the term for which he is elected nor until one year after the expiration thereof and he shall receive for his services as Governor a salary of $5,000 per annum.

     Referred to Committee on Executive Department.

     Mr. Williams (Marengo) yielded his turn to Mr. Espy.

     Ordinance No. 198, by Mr. Espy:

     An ordinance to authorize railroad companies to exercise the powers of eminent domain.

    Be it ordained by the people of Alabama in Convention assembled, That railroad companies shall have the power and are hereby authorized to condemn rights of way over the lands of persons and corporations from any point on their roadbeds to any manufacturing establishment, or plant, or mill, or gin-provided said manufacturing establishment, or plant, or mill, or gin, shall not be more than five miles distant from said road bed; provided further, that due compensation shall first be made to the owner of said lands.


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     Referred to Committee on Corporations.

     Ordinance No. 199, by same:

     Be it ordained by the people of Alabama in Convention assembled, That a married woman shall have full power to contract as if she were a femmesole, except that she shall not directly or indirectly become surety for her husband, nor sell, nor convey her property in payment of his debts.

     Referred to Committee on Judiciary.

     Ordinance No. 200, by same:

     An ordinance to regulate the establishment of stock law district.

     Be it ordained by the people of Alabama in Convention assembled, That the General Assembly, Boards of Revenue nor Courts of County Commissioners shall not establish any district in which live stock shall be prohibited from running at large unless a majority of the legal voters residing in the district propose to be established so desire; and the desire of said voters shall be ascertained by an election to be held in a manner prescribed by law.

     Referred to Committee on Legislative Department.

     Resolution No. 92, by Mr. Espy of Henry.

     Be it resolved, that the Committee on Rules fix a time in which ordinances shall be introduced and after the expiration of the time so fixed by said Committee, no ordinance shall be introduced by any delegate for consideration by this Convention.

     Referred to Committee on Rules.

     Ordinance No. 201, by Mr. Williams (Elmore):

     To prohibit any change in the Preamble and Article 1, (Declaration of Rights) in the present Constitution of the State of Alabama, exceptions:

     Be it ordained by the people of Alabama in Convention assembled, that there shall be no change made whatever in the preamble and Article 1, Declaration of Rights, in this Constitution different from that in the Constitution of 1875, except so far as to be in harmony and consistency with the Constitution framed by this Convention.

     Referred to Committee on executive Department.

     Resolution No. 93, by Mr. Williams (Elmore):

     Resolution, To provide for a Committee on Pensions for Confederate soldiers: Be it resolved, that the Chairman of the Rules Committee be authorized to appoint a committee of nine of which


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Governor William C. Oates shall be Chairman, said Committee to be styled and known as "Pensions Committee for Confederate Soldiers."

     Referred to Committee on Rules.

     Resolution No. 94, by same:

     Resolution, for the appointment of the following standing committees:

     Be it resolved, that the Chairman of the Rules Committee appoint three standing committees of nine members each, to wit: A committee on Federal Relations, a Committee on Agriculture, Commerce and Industry, and a Committee on Temperance.

     Referred to Committee on Rules.

     Ordinance No. 202, by Mr. Wilson (Clarke):

    To amend Section 9 of Article VI of the Constitution of Alabama.

     Be it ordained by the people of Alabama, in convention assembled, That Section 9 of Article VI of the Constitution of Alabama be amended so as to read as follows:

     Sec. 9. There is hereby established in every county in this State, a court of probate, with general and exclusive jurisdiction of the granting of letters testamentary and of administration, and of the final settlement of all estates of decedents, and for orphans' business.

     Referred to Judiciary Committee.

     Resolution No. 95, by Mr. Wilson (Clarke):

     Resolved, That the Secretary of the Convention be and he is hereby, authorized to purchase such blank books, stationery and other necessary supplies as may be necessary for the use of his office.

     Referred to Committee on Rules.

     Resolution No. 96, by Mr. Wilson (Clarke):

     Resolved, That the clerks of the several committees of this convention shall, when not engaged in attendance upon the meetings of their several committees, remain at some convenient place, to be designated by the chairman of the committee, which said clerk serves, at all reasonable hours; and such clerk shall perform such clerical work as may be required of him by the several members of the Committee of which they are clerks.

     Referred to the Committee on Rules.

    Ordinance No. 203, by Mr. Wilson (Washington):


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     Be it ordained by the people of Alabama, in convention assembled, That Section 7 of Article V of the present Constitution be, and the same is hereby, abolished, and the following inserted in lieu thereof:

     No person who has been elected Governor of this State shall, during the term for which he was elected and for twelve months next succeeding the expiration thereof, hold any other office, civil, or military, either under this State, or any other State or Government; and after the first day of December of 1904 of the United States, except as otherwise provided for in this Constitution.

     Referred to Committee on Executive Department.

     Ordinance No. 204, by Mr. Wilson (Washington):

     Amendment to Section 25 of Article VI.

     Be it ordained by the people of Alabama, in convention assembled, That Section 25 of Article VI of the present Constitution be, and the same is hereby amended by adding the following:

     That each solicitor shall desire during his term of office, and for twelve months next preceding his election, in a county in which the court of which he is solicitor tries and disposes of indictments presented by the grand jury of the county.

     Referred to Judiciary Committee.

     Ordinance No. 205, by Mr. Wilson (Washington).

     Be it ordained by the people of Alabama, in Convention assembled, that all State and County officers shall be elected, at the same time and places, by a direct vote of the qualified electors of the State. Vacancies created by death, resignation, impeachment, removal from the State or County, or other disability, may be filled by appointment.

     Referred to Committee on Executive Department.

     Resolution No. 97, by Mr. Winn:

     A resolution relating to the form of ordinances submitted.

     Be it resolved by this Convention that all ordinances shall relate to but a single article or subject matter in order to the reference of the same to the appropriate committee.

     Second. Be it further resolved, That no ordinance offending this rule shall be received or referred.

     Referred to Committee on Rules.

     Mr. Almon yielded to Mr. Heflin of Randolph.


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     THE PRESIDENT -- The roll call having been completed will not be gone on with until the other order of business is exhausted.

     MR. INGE--I ask leave of absence for Monday and Tuesday until 12 o'clock.

     The leave was granted.

     THE PRESIDENT--The Chair desires to make a statement to the Convention.

     MR. LONG (Walker)--At the request of several gentlemen on both sides of the proposition I desire to state that I will not call up the resolution offered by myself to abolish the stenographic report until next Wednesday.

     THE PRESIDENT--The Chair in ruling on the point of order made against the motion of the gentleman from Madison ruled that it would not be in order to reconsider the vote whereby this convention decided when it adjourned it would, adjourn to meet on Monday. A number of authorities have been examined on this question and the Chair has been unable to find any direct authority on it in any of the books on parliamentary law that have been accessible, but in the opinion of the Chair it would be in the power of this Convention after it has decided and fixed an hour to which to adjourn to reconsider that action if it sees fit to do so and fix another and a different time and the Chair will reverse its ruling made this morning and recognize the gentleman from Madison.

     MR. GRAYSON--I have been informed that quite a number of the committees and sub-committees are behind with their work and desire to catch it up and it being very doubtful whether there will be a quorum here tomorrow I withdraw the motion to reconsider.

     THE PRESIDENT--The next order of business is the calling of the standing committees.

     The call was started.

     MR. OATES--I have no idea that any of the standing committees are ready to report and I therefore move to dispense with a further call.

     Leave of absence was granted to Mr. Williams (Elmore), also to Mr. Greer (Perry), until Tuesday.

     THE PRESIDENT--The next order is report of special committees of which there are none.

     Unfinished business. The Chair desires to call the attention to the fact that there is a petition or memorial presented to the


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Chair from the Federation of Women's Clubs of Alabama and the Chair desires to know whether the Convention wishes it read.

     The reading was called for and it was read as follows:

     Report made May, 1901, at convention in Montevallo, to Alabama Federation of Women's Clubs, by Mrs. W. F. Johnston, Anniston, Chairman of Committee on Education, Unanimously adopted by the Federation:

     Recognizing the deplorable necessity for education among the masses of the children of the State, and realizing that this necessity can only be met and relieved by the public schools, the Federation of Women's Clubs of Alabama in convention assembled do resolve:

     First--That the Constitutional Convention soon to be assembled in the city of Montgomery, be earnestly petitioned to declare in the organic law of the State, that no person shall be eligible to the office of State or County Superintendent of Education who is not sufficiently qualified to stand the examination required by law of applicants for certificates as first grade teachers in the public schools of the State.

     Second--That the said Constitutional Convention be petitioned to take such action as may be necessary to allow municipalities, counties and school districts within counties to secure local taxation for public schools within such territory.

     Third--That the said Constitutional Convention be petitioned for such action as will provide for and require the erection and proper equipment of suitable and comfortable school buildings in every school district in the State, whether districts by special acts of the General Assembly or under the general school law.

     Fourth--That the said Constitutional Convention be petitioned to take such action as will provide for the maintenance of a public school in each school district and neighborhood in the State for at least five months in every year.

     Fifth--The said convention be petitioned to take such action as will require every child in the State between the ages of 8 and 16 years to attend upon some school at least three months during each year.

     Sixth--That these resolutions be neatly printed for presentation to members of the Constitutional Convention, and that the members of the Women's Clubs in Montgomery be appointed a committee to present them.

     THE PRESIDENT--Quite a number of printed copies of this communication are on the desks and at the service of any delegate present.


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     MR. HOWELL--In courtesy to these ladies, I move that that communication be referred to the Committee on Education.

     On a vote the communication was so referred.

     MR. WADDELL--Yesterday's stenographic report is dated May 28th.

     THE PRESIDENT--That is an error which will be corrected.

     MR. ASHCRAFT--Yesterday at the hour of adjournment there was presented and read a communication from the colored citizens of this State. I move that that memorial be referred to the Committee on Education and to the Committee on Suffrage.

     The references were made.

     The hour for adjournment having arrived, the convention adjourned until Monday at 12 o'clock.

_________

CORRECTIONS

     The proceedings of the Eighth Day should be dated May 30th, instead of May 28th.

     MR. JACKSON (Cleburne)--At the top of third column, eighth days proceedings, where it reads: "Now, in the language of the distinguished gentleman from Jefferson" should follow "It will give emphasis to the pledges or promises made, to move the suspension of the rules, and put this resolution immediately upon its passage. I move a suspension of the rules and that this resolution be put upon its immediate passage."