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CONSTITUTIONAL CONVENTION, 1901

SEVENTH DAY

_______

                                                                                                                            MONTGOMERY, ALA.,
                                                                                                                             May 29th, 1901.

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

     Most Gracious Lord, we invoke Thy blessings at the beginning of the work of this new day. We acknowledge Thy loving kindness and Thy watchful Providence that has kept us during the rest of the night, and has awakened us in health and strength, and pray for Thy blessing as Thy servants enter upon the active discharge of the duties to which they have been called. We thank Thee for the spirit of order and for the spirit of patriotism that has been manifested in the councils of this body, and we pray Thee that Thou wouldst speak in every heart that these, Thy servants, may realize that they are building for the future of this great commonwealth, and may they place before their individual consciousness the highest and noblest and purest ideals. May the love of country take supreme possession of their hearts in the consideration of these great problems. We do pray Thee that Thou wouldst take from them all spirit of self-seeking, all spirit of partisanship, and enable Thy servants to discharge the solemn functions of the office to which they have been called in the fear of God. Command Thy blessings upon the loved ones left at home, watch over them and keep them day by day, and prosper Thy servants in their temporal affairs, and while they have come up to this place to carry forward the interests of the people, wilt Thou grant that the interests they have left at home be under Thy precious care, and Thy grace and benediction rest upon them. These things we ask, dear Lord, and for the pardon of our sins in the name that is above all names, the name of Jesus, Son of Man, Son of Mary, Son of God and our Savior. Amen.

     THE PRESIDENT--The next order is roll call.

     MR. SANFORD--Before the roll is call, if it will be in order, I ask that Ordinance No. 45 be withdrawn from the Committee on the Judiciary and referred to the Committee on Preamble and Bill of Rights.

     THE PRESIDENT--If there is no objection, the request of the gentleman will be granted. The Ordinance No. 45 will be so referred.

     The roll was called and showed the presence of 136 members, a quorum.


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     MR. WEATHERLY--I desire to ask leave of absence for Mr. Cornwall of Jefferson, for today and tomorrow.

     The leave was granted.

     MR. HALEY--I desire to ask leave of absence for Mr. Long of Walker, and his son Henry, and also desire to state that Pierce is down in his room sick this morning.

     THE PRESIDENT--For what length of time does the gentleman request leave of absence for Mr. Long?

     MR. HALEY--For today.

     The leave was granted.

     MR. HALEY--Also for Mr. Pierce.

     The leave was granted.

     MR. FITTS--I respectfully ask indefinite leave of absence for Mr. Thompson of Bibb, on account of sickness in his family.

     The leave was granted.

     MR. FITTS--Mr. President, I ask leave for today for Mr.Cofer of Cullman.

     The leave was granted.

     MR. FITTS--Mr. President, on account of certain duties which will necessitate my going to the University of Alabama at its commencement, the meeting of the Board of Trustees, I respectfully ask leave of absence for myself for tomorrow, Friday and Saturday.

     The leave was granted.

     MR. DAVIS (Etowah)--I desire to ask leave of absence for myself tomorrow, Friday and Saturday, to attend a session of the Board of Trustees of the University of Alabama.

     The leave was granted.

     MR. BURNS--I desire to ask leave of absence for Mr. Craig of Dallas, for today.

     The leave was granted.

     THE PRESIDENT--The next order will be the report of the Committee on Journals.

     MR. PROCTOR--Mr. Chairman, the Committee on Journal desires to again call the attention of delegates to rule No. 50, with reference to making titles to all ordinances in order that the Secretary may be able to keep track of the resolutions and ordinances.


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     The President stated the request. The report of the Committee on Journal was read.

     MR. BURNETT--I move the adoption of the report.

     The motion was carried.

     MR. FITTS--I now move that the reading of the Journal be dispensed with.

     The motion was carried.

     MR. WALKER--I desire to call attention to a mistake in the stenographic report of the ordinance introduced by myself on yesterday, in reference to the mode of voting for Constitutional amendments. The Ordinance as printed is divided into two paragraphs. The word no in quotations was followed by a comma, and the remainder of the Ordinance was a clause constituting a part of the same section, there being but one paragraph. As printed it is not in very good shape and I desire simply to call attention to it for correction.

     THE PRESIDENT--The original resolution, the Secretary informs me, is correct, and is entered correctly on the Journal.

     MR. WALKER--I understand that, but it is simply for the information of the members who use these printed copies.

     MR. HINSON--I notice in the official report yesterday it quotes Mr. Lomax as stating that his Ordinance on Local Legislation "is merely a readoption of the present Constitution with reference to municipal taxation, with the Birmingham amendment added." Mr. Lomax made that statement in reference to his Ordinance on Taxation, and not as the official report has it, as to the Ordinance on Local Legislation.

     THE PRESIDENT--The Secretary will call the roll of delegates in alphabetical order for the introduction of ordinances, resolutions, etc.

     MR. ALMON--I offer an Ordinance.

     Ordinance No. 59:

     An Ordinance to amend Section 5 of Article XI, of the Constitution.

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

     No county in this State shall be authorized to levy larger rate of taxation, in one year, on the value of the taxable property therein than one-half of 1 per centum. Provided, that to pay any debt or liability now existing against any county, incurred for the erection of the necessary public buildings or other ordinary county


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purposes, or that may hereafter be created for the erection of necessary public buildings or bridges or improving public roads, any county may levy and collect, such special takes as may have been or may hereafter be authorized by law, which taxes so levied and collected shall be applied exclusively to the purposes for which the same was so levied and collected; Provided that the whole amount levied for the above purpose shall not exceed one-fourth of 1 per centum.

     Referred to Committee on Taxation.

     Resolution No. 41 by Mr. Almon:

     To print 300 copies of Bill of Rights and Constitution.

     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.

     Referred to the Committee on Rules.

     At the calling of Mr. Banks's name he yielded to Mr. Waddell:

     Ordinance No. 60, by Mr. Waddell:

     An ordinance to provide for working of public roads, of the state.

     Sec. 1. Be it ordained by the people of Alabama in, Convention assembled, That the public roads of the State shall be worked by taxation.

     Sec. 2. The General, Assembly shall pass such laws as may be necessary to put into operation this article of the Constitution.

     Referred to Committee on Amending Constitution and Miscellaneous Provisions.

     Ordinance No. 61 by Mr. Waddell:

     Giving the General Assembly power to pass laws governing the gathering and marketing of farm products raised in this State.

     Be it ordained by the people of Alabama, in convention assembled, That the General Assembly shall have power to pass such laws as may be necessary to govern and control the gathering and marketing of farm products raised in this State.

     Referred to Committee on Legislative Department.

     Ordinance 62, by Mr. Barefield:

     To amend Article I, Section 1 Declaration of Rights of the Constitution of Alabama.


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     Be it ordained by the people of Alabama in convention assembled, That Section 1, of Article I be amended so as to include the word reputation.

     Referred to Committee on Preamble and Bill of Rights.

     Ordinance No. 63, by Mr. Beddow:

     To amend Section 7, Article XI, taxation of the Constitution, of Alabama.

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

     By striking out the word (preceding) where it occurs in the fourth line of said section, and inserting in the place thereof the word "same."

     Referred to Committee on Taxation.

     Ordinance No. 64, by Mr. Beddow:

     To amend Section 12, Article I, bill of rights of the Constitution of Alabama.

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

     That Section 12, Article I of the constitution be amended so as to read as follows:

     The right of trial by jury shall be secured to all and remain inviolate; but in civil actions three?fourths of the jury may render a verdict.

     Referred to Committee on Preamble and bill of rights.

     Ordinance No. 65, by Mr. Blackwell:

     An ordinance to prohibit any person who, while a candidate for any office, shall be guilty of bribery, or fraud, or willful violation of any election law, from voting or holding office in this State.

     Be it ordained by the people of Alabama in Convention assembled, That any person who shall while a candidate for any office be guilty of bribery, fraud, or willful violation of any election law, shall upon conviction be forever disqualified from holding any office of trust or profit in this State, and shall be forever deprived of the right of suffrage. And no future legislature shall have the power to remove the disabilities so incurred. Any person violating this ordinance shall be punished by imprisonment in the penitentiary for not less than one year, and the legislature may by appropriate legislation add greater punishment if it see fit.

     Referred to Committee on Suffrage and Election.


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     Ordinance No. 66, by Mr. Blackwell:

     An ordinance to prohibit any person who practices fraud in elections from voting or holding office in this State.

     Be it ordained by the people of Alabama, in convention assembled, That any person who shall give or promise or offer to give to an elector, any money, reward or other valuable consideration for his vote at an election, or for withholding the same or who shall give or promise to give such consideration to any other person or party for such elector's vote, or for the withholding thereof, for himself or another, any money, reward or other valuable consideration for his vote at an election, or for withholding the same, shall, upon conviction, be forever disfranchised, and shall be denied the right forever afterwards to hold any office of trust or profit in this State. No future Legislature shall have the power to remove the disabilities so incurred. Any person violating this ordinance shall be punished by imprisonment in the penitentiary for not less than one year, and the Legislature, by appropriate legislation, may add greater punishment if it sees fit.

     Referred to Committee on Suffrage and Election.

     Ordinance No. 67, by Mr. Blackwell:

     To provide for the filling of all vacancies that may occur in county offices by direct vote of the people.

     Be it ordained by the people of Alabama, in convention assembled, That when a vacancy occurs in any county office, by death, impeachment or removal of an official, or for any other cause it shall be the duty of the Governor to call an election within thirty days after he receives notice of such vacancy or vacancies, to fill the same, and the people shall vote directly for the person or persons of their choice to fill said vacancy or vacancies.

     Referred to Committee on Executive Department.

     Ordinance No. 68, by Mr. Blackwell:

     Providing that each county shall have a Superintendent of Education, who shall be elected by the people and shall possess certain qualifications.

     Be it ordained by the people of Alabama, in convention assembled, That each county shall have a Superintendent of Education, who, under the control and direction of the State Superintendent of Education, shall have supervision of the public schools of his county; said County Superintendent of Education shall be elected by direct vote of the qualified electors of the county. No person shall be eligible to election as County Superintendent of Education who does not at least hold a first grade certificate as teacher and make teaching his vocation.

     Referred to Committee on Education.


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     Ordinance No. 69, by Mr. Boone

     To amend Article XIV, Section 1, of the Constitution of Alabama.

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

     Corporations may be formed under general laws, but shall not be created by special act. All general laws or special acts creating or authorizing the creation of corporations passed since July 13th, 1868, and all general laws enacted pursuant to this section may be altered, amended or repealed.

     See Mayor of Mobile vs. Stonewall Insurance Co., 53 Ala., Page 576.

     Referred to Committee on Corporations.

     Ordinance No. 70, by Mr. Boone:

     To amend Article I, Section 12 of the Constitution.

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

     Article I, Section 12--That right of trial by jury as heretofore enjoyed shall remain inviolate; but in civil actions three-fourths of the jury may render a verdict. A trial by jury may be waived in all criminal cases, not amounting to a felony, by the consent of both parties expressed in open court, and in civil actions by the consent of the parties signified in such manner as may be prescribed by law.

     Referred to Committee on Preamble and Declaration of Rights.

     Ordinance No. 71, by Mr. Boone:

     An ordinance to amend Article I, Section 23 of the Constitution of Alabama.

     Be it ordained, by the people of Alabama in convention assembled, That Article 1, Section 23 of the Constitution of Alabama be amended so as to read as follows:

     Article I, Section 23, That no expost facto law, or any law impairing the obligation of contracts, or making grants of exclusive privileges or immunities shall be passed by the General Assembly.

     See Birmingham Street Railway cases, 79 Alabama, pages 473, 474 and 475.

     Referred to Committee on Preamble and Bill of Rights.

     Ordinance No. 72, by Mr. Boone:

 


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     An ordinance to amend Article XIV, Section 10, of the Constitution of Alabama.

     Be it ordained by the people of Alabama in convention assembly, That Article XIV, Section 10, of the Constitution of Alabama be amended so as to read as follows:

     "The General Assembly shall have the power to alter, revoke or amend any charter of incorporation now existing and revocable at the ratification of this constitution whenever in the opinion of the General Assembly it may be injurious to the citizens of the State; in such manner, however, that no injustice shall be done to the corporators. No law hereafter enacted shall renew or extend the charter of more than one corporation.

     Referred to Committee on Corporations.

     Ordinance No. 73, by Mr. Browne:

     An ordinance to amend Section 7, Article XI of the Constitution.

     Be it ordained by the people of the State of Alabama in convention assembled that Section 7 of Article XI of the Constitution be amended by adding therein, after the words "such indebtedness" the following:

     "Provided no city, town or other municipal corporation shall issue bonds in an amount in excess of 10 per centum of the value of the taxable property therein, as shown by the last preceding assessment thereof for State and county taxation, but this limitation shall not apply to such bonds as may have been already issued or authorized to be issued."

     Referred to Committee on Municipal Corporation.

     Ordinance 74, by Mr. Bulger:

          To revise and amend Article XIII of the present Constitution of this State which relates to education.

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

     Article X III--Education.

     Section 1. The General Assembly shall establish, organize, and maintain a system of public schools throughout the State for the benefit of the children thereof, between the ages of 7 and 21 years; but separate schools shall be provided for the children of citizens of African descent.

     Sec. 2. The principal of all funds arising from the sale or other disposition of lands or other property, which has been or may hereafter be granted or intrusted to this State, or given by the United States, for educational purposes, shall be preserved inviolate and undiminished; and the


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income arising therefrom shall be faithfully applied to the specific objects of the original grants or appropriations.

     Sec. 3.  All lands or other property given by individuals, or appropriated by the State for educational purposes, and all estates of deceased persons who die without leaving a will or heir shall be faithfully applied to the maintenance of the public schools.

     Sec. 4.  The General Assembly shall also provide for the levying and collection of an annual poll tax, not to exceed $1.50 on each poll, which shall be applied to the support of the public schools in the counties in which it is levied and collected.

     Sec. 5.  That each male inhabitant in this State between the ages of 21 and 50 years shall be subject to the payment of a poll tax.

     Sec. 6.  The poll tax of each race shall be kept separate, and the poll tax paid by the white race shall be appropriated to the support and maintenance of the schools attended by the children of the white race, and the poll tax paid by the race of African descent shall be appropriated to the support of the schools attended by the children of the race of African descent.

     Sec. 7.  The income arising from the sixteenth section trust fund, the surplus revenue fund, until it is called for by the United States Government, and the funds enumerated in Sections 3 and 4 of this article, with such other monies, to be not less than $500,000 per annum as the General Assembly shall provide by taxation or otherwise, shall be applied to the support and maintenance of the public schools; and it shall be the duty of the General Assembly to increase, from time to time, the public school fund, as the condition of the treasury and the resources of the State will admit.

     Sec. 8.  Not more than 6 per cent of all monies raised or which may hereafter be appropriated for the support of public schools shall be used or expended otherwise than for the payment of teachers employed in such schools; Provided, that the General Assembly may by a vote of two-thirds of each house suspend the operation of this section.

     Sec. 9.  The supervision of the public schools shall be vested in a superintendent of education, whose powers, duties and compensations shall be fixed by law. The Superintendent of Education shall be elected by the qualified voters of the State in such manner, and at such time as shall be provided by law, whose term of office shall be four years, and he shall be ineligible for re?election to succeed himself.

     Sec. 10.  No money raised for the support of the public schools of this State shall be appropriated to, or used for, the support of any sectarian or denominational school.

     Sec. 11.  The State University, the Agricultural and Mechanical College, and the Girls' Industrial School shall each be under the management and control of a board of trustees. The board for the University shall consist of two members from the Congressional District in which the University is located, and one member from each of the other Congressional Districts,


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and one member from the State at large. The board for the Agricultural and Mechanical College shall consist of two members from the Congressional District in which the college is located, one from each of the other Congressional districts, and one from the State at large. The Board for the Girls' Industrial School shall consist of two members from the Congressional District in which the college is located, one from each of the other Congressional Districts and three female trustees from the State at large. Said trustees shall be appointed by the Governor, by and with the consent of the Senate, and shall hold office for a term of six years, and until their successors shall be appointed and qualified. Each of said boards shall be divided into three classes as nearly equal as may be. The seats of the first class shall be vacated at the expiration of two years, and those of the second class in four years, and those of the third class at the end of six years, from the date of appointment, so that one-third may be chosen bi-annually. No trustee shall receive any pay or emolument, other than his actual expenses incurred in the discharge of his duties as such, the amount of which expenses shall be shown by itemized statement, sworn to by the trustee. The Governor shall be ex-officio president, and the Superintendent of Education ex-officio member of each of said boards of trustees.

     Sec. 12.  The General Assembly shall have no power to change the location of the State University, the Agricultural and Mechanical College, or the Girls' Industrial School as now established by law, except by a vote of two-thirds of the members of the General Assembly, taken by yeas and nays, and entered upon the journals.

     Sec. 13.  All taxes paid by the two races shall be kept separate and distinct and appropriations for the support of the schools of the white race, shall be made out of the taxes paid by the white race, and appropriations for the support of the schools of the race of African descent shall be made out of taxes paid by the race of African descent.

     Referred to Committee on Education.

     Ordinance No. 75, by Mr. Burns.

     An ordinance to exempt veterans of the civil war from payment of licenses, etc.

     Be it ordained, That all ex?soldiers of the war of 1861-5 shall not be required to pay any license for doing or carrying on any business or occupation in which his own manual labor is necessary.

     Referred to Committee on Taxation.

     Ordinance No. 76, by Mr. Burns:

     An ordinance to add an additional section to Article VIII of the Constitution of Alabama.

     Be it ordained that Section 8 of the Constitution of Alabama be amended by adding: No person shall vote at any primary election, or in any convention, or other regular political assembly held for the purpose of nominating any candidate for public office unless


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he be at the time a registered or qualified voter. And in all political conventions held in this State the apportionment of representation shall be on the basis of population.

     Referred to Committee on Suffrage and Elections.

     Ordinance No. 77, by Mr. Carmichael (Colbert):

     An ordinance to amend Section 1 of Article XIII of the Constitution.

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

     (1) The General Assembly shall establish, organize and maintain a system of public schools throughout the State for the benefit of the children thereof between the ages of 7 and 21 years; provided, that the General Assembly shall apportion the public school fund between the white and negro children in such manner as may to them seem just and equitable, and provided the funds apportioned to the white children shall be equally divided between all the white children and the funds apportioned to the negro children shall be equally divided between all the negro children of the State; but separate schools shall be established for the children of African descent.

     Referred to Committee on Education.

     Ordinance No. 78, by Mr. Carmichael (Coffee):

     An ordinance to regulate the granting of franchises by municipal corporations.

     Be it ordained by the people of Alabama, in convention assembled, That no municipal corporation shall grant an exclusive franchise to an individual or private corporation, unless an election be held under the laws regulating municipal election, and a majority of the qualified voters at such election vote for the granting of such franchises.

     Referred to Committee on Municipal Corporation.

     Ordinance No. 79, by same:

     An Ordinance to amend Section 24 of Article IV, of the present Constitution.

     Be it ordained, by the people of the State of Alabama, in Convention assembled, that Section 24 of Article IV, of the present Constitution be amended so as to read as follows:

     "No general law from which any county or municipality shall be excepted, and no local or special law shall be passed by the General Assembly unless notice of the intention to secure the passage of such law be given by publication in a newspaper pub


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lished in the county to be affected by such law, or in which the municipality to be affected by such law is situated, or in which the person to be benefited by such law resides; said notice shall contain the caption of the proposed law, and shall be published at least four consecutive weeks, not longer than sixty nor less than ten days prior to the introduction of such bill; a copy of the notice and affidavit of the correct publication shall be attached to the bill introduced and be made a part of the House and Senate Journals, and be read at length at each reading of the bill.

     Provided, That in the event the publication cannot be procured at the legal advertising rates, then existing, the publication above required shall be made by posting it at least five public places in each precinct in the county, and an affidavit that such publication could only be procured in such manner shall take the place of the newspaper publisher's affidavit aforementioned.

     Referred to Committee on Local Legislation.

     Ordinance No. 80, by same:

     An Ordinance to make the pay of the public school teachers a preferred claim.

     Be it ordained by the people of the State of Alabama in Convention assembled, That the General Assembly shall enact laws making the pay of teachers in the public schools claims against the moneys in the State Treasury preferred above all others, except the interest on the public debt.

     Referred to Committee on Education.

     Ordinance No. 81, by Mr. Case:

     Ordinance to amend Article I. of the Constitution -- Declaration of Rights.

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

     That the great, general and essential principles of liberty and free government may be established, we declare:

     First--That all men are equally free and independent; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness; and that the sole object and only legitimate end of government is to protect the citizen in the enjoyment of these principles; and when the government assumes other functions, it is usurpation and oppression, and that this State shall not make or enforce any law which shall abridge the principles or immunities of citizens of the United States; nor shall it deny to any person within its jurisdiction the equal protection of the laws:


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     Referred to Committee on Preamble and Declaration.

     Resolution No. 42, by Mr. Case:

     Whereas, The State of Alabama is far behind other States appertaining to educational advantages and most especially as relating to public schools; and,

     Whereas, It has been suggested that school districts should be laid off in every county, town and city in this State, and at each such district be empowered to vote any taxes upon itself for the education of its children, which it may see proper; and that the 10 cents now levied on every $100 worth of taxable property by the State for school purposes be repealed; and,

     Whereas, Should that be done, a great many of such school districts would be composed entirely of very poor people, and thinly settled; and,

     Whereas, It has been further suggested that, when the above mentioned changes shall have been effected, the State shall stop its appropriations to the common schools; and, whereas, should this be done, each such school would be confined, for support, alone to the taxes levied in its own district, which would cause the common schools in the rural districts to languish and die as it were, for want of sufficient funds which to educate their children; and many bright?eyed boys and girls, the parents of whom fortune has failed to favor, would not have an equal chance for a common school education with the children of those wealthy districts, blessed with railroads, and the homes of many capitalists and large corporations possessed of their millions. For such last named schools would get the principle amount of such money for educational purposes, leaving the poor rural districts almost absolutely destitute of educational aid; therefore, be it

     Resolved, That it is the sense of this convention that it hold intact the present provision of 10-cent tax upon the $100 of assessible property in the State, to be levied and collected for the support of the common schools; and that it request the Legislature to make additional appropriations for such schools, from time to time, whenever the financial condition of the State will justify it.

     Referred to Committee on Education.

     Resolution No. 43, by Mr. deGraffenreid:

     To authorize the President of this convention to appoint two short-hand reporters to serve the committees and the members of this convention.

      Resolved, That the President of this convention shall appoint two short-hand reporters, at a salary of $2.50 per day, whose duty it shall be to wait upon and serve the committees of this convention, when directed to do so, by the chairmen thereof, and when


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not performing work for the committees to wait upon and serve the members of this convention in the preparation of ordinances, resolutions and motions to be submitted to this convention. The said short-hand reporters appointed under this resolution shall have, as their regular place of business the cloak room of the Senate chamber.

     Referred to Committee on Rules.

     Ordinance No. 28, by Mr. Duke:

     To amend Section 5, Article V, of the Constitution.

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

     The Governor, Secretary of State, State Treasurer, State Auditor and Attorney-General shall hold their respective offices for the term of four years from the time of their installation in office and until their successors shall be elected and qualified.

     Referred to Committee on Executive Department.

     Ordinance No. 83, by Mr. Duke:

     To amend Section 4 of Article IV of the Constitution.

     Be it ordained by the people of Alabama in Convention assembled; that Section 4 of Article IV of the Constitution be amended so as to read as follows:

     Senators shall be at least 25 years of age, and representatives 21 years of age; they shall have been citizens and inhabitants of this State three years and inhabitants of their respective counties or districts one year next before their election, if such county or district shall have been so long established; but if not then of the county or district from which the same shall have been taken, and they shall reside in their respective counties or districts during their terms of office.

     Referred to Committee on Legislative Department.

     Ordinance No. 84, by Mr. Eyster:

     To amend Section 2 of Article II of the Constitution.

     Be it ordained by the people of Alabama in Convention assembled, that Section 2 of Article II of the Constitution be amended so as to read as follows:

     Section 2. The boundaries of the several counties of this State as the same now exist are hereby ratified and confirmed. The General Assembly may by a two-thirds vote of both houses thereof arrange and designate the boundaries for the several counties of this State, which boundary shall not be altered except by


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a like vote; but no new counties shall be hereafter formed of less extent than four hundred square miles and no existing counties shall be reduced to less extent than four hundred square miles, and no new counties shall be formed which does not contain a sufficient number of inhabitants to entitle it to one representative under the ratio of representation existing at the time of its formation, and leave the county or counties from which it is taken with the required number of inhabitants entitling such county or counties to separate representation.

     Referred to Committee on State and County Boundaries.

     Ordinance No. 85, by same:

     Be it ordained by the people of Alabama, in Convention assembled, that Section 35 of the Declaration of Rights be, and the same hereby is repealed.

     Referred to Preamble and Bill of Rights.

     Ordinance No. 86, by same:

     An ordinance relating to the State University.

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

     Section 1. The State University shall be under the management and control of a board of trustees, which shall consist of two members from the Congressional District in which the University is located, and one from each of the other Congressional Districts in the State. Said trustees shall be appointed as follows: The Goverror shall appoint three, the Chief Justice shall appoint three, and the Society of the Alumni of the University of Alabama shall appoint four. All by and with the advice and consent of the Senate, and they shall hold office for a term of six years and until their successors are appointed and qualified. Should the number of Congressional Districts be increased beyond nine in number, the Society of the Alumni shall appoint the additional trustees for such increased congressional representation. Should the number of congressional districts be reduced, the number of trustees to be appointed by the Governor shall be correspondingly reduced. The terms of office of the present trustees as they expire, shall be filled by appointment by the Society of the Alumni, the Chief Justice and the Governor, each appointing one in the order named, beginning with the Society of the Alumni.

     Sec. 2. No trustee shall receive any pay or emolument other than his actual expenses incurred in the discharge of his duties as such, except for extraordinary services the compensation for which must be agreed upon by the other members of the board before such extraordinary services are rendered or entered upon.

     Sec. 3. The Governor shall be Ex-officio President, and the Superintendent of Education Ex-officio a member of said board of trustees.


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     Sec. 4. The General Assembly shall have no power to change the location of the State University except upon a vote of three-fourths of the members of the General Assembly taken by yeas and nays and entered upon the journals.

     Referred to Committee on Education.

     Resolution No. 44, by same:

     Resolved, That the office of Reading Clerk of this Convention is hereby created, and the compensation of such Reading Clerk shall be the same as that of the Assistant Secretary.

     MR. PARKER--I move that the rules be suspended and that that resolution be adopted.

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

     Ordinance No. 87, by Mr. Ferguson:

     An Ordinance concerning the right of citizens to bear arms.

     Be it ordained by the people of Alabama in Convention assembled, That in lieu of Section 27 of Article I. of the Constitution of 1875, the following provision shall be enacted:

     Section ---. That every citizen has a right to bear arms in defense of himself and the State, but the General Assembly shall have the power to regulate the bearing of small arms, shall define the same, and shall pass laws requiring a license for the bearing of such small arms.

     Note--For the benefit of the Committee the following authorities are cited:

     Miller vs. Texas, 153 U. S. P., 533, and authorities there cited: 92 U. S. P. 542 ; 116 U. S. P. 252.

     Referred to Committee on Preamble and bill of Rights.

     MR. BLACKWELL--I move that the rules be suspended and that W. W. Brandon lie elected Reading Clerk.

     THE PRESIDENT--He has already been appointed.

     Resolution No. 45, by Mr. Ferguson:

     Resolved, That in framing the suffrage clause to the Constituition to be enacted by this Convention, due regard shall be given to the following well known principles:

     First--That the ability to read and write is not a supreme test of good citizenship.

     Second--That the inability to read and write is not a test of good citizenship.


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     Third--That the true test of good citizenship is the patriotic and fairly intelligent use of the ballot in the hands of those who look to their country's good, free from malevolent or corrupting influences of any character whatever, and who, by inherited characteristics, act for the best interests of good government.

     Fourth--That it is the purpose of this Convention in conferring the electoral franchise, to give it in harmony with these principles, to the end that good government shall be made secure, and that substantial, patriotic citizenship shall be recognized, in accordance with the Fifteenth Amendment to the Federal Constitution.

     Referred to Committee on Suffrage and Elections.

     Ordinance No. 88, by Mr. Fitts:

     An ordinance to repeal Section 38 of the present Bill of Rights.

     Be it ordained by the people of Alabama in Convention assembled, That Section 38 of the Bill of Rights be and the same is hereby repealed.

     Referred to Committee on Preamble and Bill of Rights.

     Ordinance No. 89, by Mr. Fletcher:

     An Ordinance to Amend Section 7, Article XI, of the Present Constitution in regard to the taxation of municipal corporations.

     Be it ordained by the people of Alabama in Convention assembled, that Section 7 of Article XI, be amended by striking out the words "assessed for State taxation during the previous year."

     Also by striking out "1 per cent." as an additional rate, when it occurs, and insert one-half of 1 per cent. And the re-adoption of the Section as amended.

     Referred to Committee on Taxation.

     Ordinance No. 90, by Mr. Foster:

     An ordinance to define general laws.

     Be it ordained by the people of Alabama, in convention assembled, That the general laws within the meaning of this Constitution, are laws which operate on all the subjects or all of the class of subjects which they affect uniformly throughout the territorial limits of the State, and laws which fix the time of holding terms of courts. All other laws are local or private.

     Referred to Committee on Local Legislation.

     To amend Article VIII of the Constitution.

     To amend Section 9, Article VIII of the Constitution.


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     Ordinance No. 91, by Mr. Foster

     Be it ordained by the People of Alabama, in convention assembled, That Section 1 of Article VIII of the Constitution be amended by substituting therefor the following:

     Every male citizen of the United States who is twenty-one years old and upward, possessing the following qualifications, shall be an elector, and shall be entitled to vote at any electron by the people except as otherwise provided in this Constitution: First, he shall have resided in the State at least two years immediately preceding the election at which he offers to vote. Second he shall reside in the county one year and in the precinct or ward three months immediately preceding the election at which he offers to vote. Third, he shall have paid on or before the first day of March in the year in which such election is held and on or before the first day of March of each year in which he shall be liable for poll tax intervening between the year in which such election shall be held and the last general election next preceding, a poll tax of $1.50; and shall upon offering to vote produce and show to the managers of election receipts for such poll taxes, signed by the officer charged by the law for the collection of taxes in the counties in which such poll taxes shall have been paid. The officers, whose duty it shall be to collect taxes in their respective counties shall provide each year well-bound books, in which they shall record the names of all persons paying poll taxes, with the precinct of their residence, which books shall be by such officers delivered to the Probate Judges of their respective counties on or before the first day of April of each year, and the said Probate Judges shall immediately, upon the delivery of such books to them, so mark such books at the end of the list of names therein as that no other names may be added thereto. Such books shall be preserved as other records of the office of the Probate Judge, and upon any contest of election shall be evidenced for either party to the contest; provided, that no person shall be entitled to vote unless he shall have registered as required by law at least three months prior to the election at which he offers to vote, and, provided, further, that any person offering to vote after five years from the date this Constitution is ratified, shall possess all qualifications and shall have complied with all the requirements prescribed above, and shall also, without aid, write his own name on the book of registration at the time he registers or shall have paid at least $5 as taxes to the State and county upon property bona fide owned by him and listed for taxation for the year immediately preceding the year in which the election at which he offers to vote shall be held. And, provided, further, that the tax collectors shall receive no commission or compensation for collecting the poll taxes provided for above, and that no compulsory process for the collection of such poll tax shall ever be authorized by law.

     Referred to Committee on Suffrage and Election.

     Ordinance No. 92, by Mr. Foster:

     To amend Section 9, Article X I I I of the Constitution.

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


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     The State University, located at Tuscaloosa, and The Agricultural and Mechanical College, located at Auburn, shall be under the control and management of one and the same board of trustees; said board shall consist of seven trustees, one of whom shall be ex officio the State Superintendent of Education, who shall be the President; two of said trustees shall be appointed by the Governor; one shall be elected by the faculty of the University of Alabama; one by the faculty of the Agricultural and Mechanical College; one by the alumni of the University of Alabama and one by the alumni of the Agricultural and Mechanical College. The term of office as trustee of the Superintendent of Education shall continue during the term of his State office; the terms of the other six trustees shall begin on the date of their election or appointment, and shall expire after periods ranging from one to six years each, so that one trustee shall go out of office each year: The order in which their terms shall expire shall be determined by lot or otherwise by the trustees themselves. When the terms of any one of said six trustees has expired, his successors shall be appointed or elected for a term of six years in the same manner as in the first instance. In case the office of any trustee is vacated in any manner before his term has expired his successor shall be elected or appointed, as the case may be, for the balance of the unexpired term.

     The Senate at every session shall confirm or disaffirm the appointment or election of those trustees who have come into office since the last General Assembly; and in case they do not confirm the appointment or election of any trustee they shall declare his office vacant and elect a person to fill the place for the balance of the unexpired term.

     No trustee shall receive any pay or emolument other than actual expenses actually incurred in the discharge of his duties as such.

     Referred to Committee on Education.

     Ordinance No. 93, by Mr. Foster:

     An ordinance to further restrict the power of the General Assembly in the passage of local laws.

     Be it ordained by the people of Alabama in convention assembled, That the General Assembly shall not have power to pass any local, private or special laws in any of the following enumerated cases, but shall provide for such matters only by general laws, viz:

     First--Concerning fees or compensation, of any officer of this State, or of any county thereof.

     Second--Defining crimes and misdemeanors and regulating the punishment thereof.

     Third--Authorizing or regulating the levy, assessment or collection of taxes of any kind by any county or municipal corporation


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     Fourth--Authorizing any county or municipal corporation to incur indebtedness or to issue and sell bonds or other securities.

     Fifth--Chartering any private or municipal corporation, or amending the charters of any such now in existence.

     Sixth--Locating or changing county seats, except upon the organization of new counties.

     Referred to Committee on Local Legislation.

     Ordinance No. 94, by Mr. Glover:

     To amend Section 12, Article I of the Constitution of Alabama,

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

     That right of trial by jury shall remain inviolate, but the number to comprise the jury can be regulated by law.

     See Collins vs. State 83 p. 212 and 96 Ala. p. 571.

     Referred to Committee on Preamble and Bill of Rights.

     Ordinance No. 95, by Mr. Glover:

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

     That it shall be the duty of the legislature to encourage by suitable means, the promotion of education, by establishing a uniform system of free public schools, by taxation or otherwise, for all children between the ages of 7 and 21 years, but separate schools shall be provided for the children of citizens of African descent.

     Referred to Committee on Education.

     Mr. Oates took the chair.

     Ordinance No. 96, by Mr. Graham (Montgomery):

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

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

     The Executive Department shall consist of a Governor, Secretary of State, State Treasurer, State Auditor, Attorney General, Superintendent of Education, Commissioner of Agriculture and a sheriff for each county.

     Referred to Committee on Executive Department.

     Ordinance No. 97, by same:


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     An ordinance to amend sections 23 and 24 of Article IV of the Constitution of Alabama.

     Section 1. Be it ordained by the people of Alabama in Convention assembled; That Section 23 of Article I V of the Constitution of Alabama be amended so as to read as follows: No special or local law shall be enacted for the benefit of individuals or corporations, in cases which are or can be provided for by a general law, or where the relief sought can be given by any court of this State; nor shall the operation of any general law be suspended by the General Assembly for the benefit of any individual, corporation or association. In passing upon questions arising under this section, the courts are authorized to determine the fact as to whether or not the purpose of the statute in question could have been accomplished under a general law.

     Sec. 2. Be it further ordained, that Section 24 of Article IV of said Constitution be amended so as to read as follows: No local or special law shall be passed on a subject which can be provided for by a general law, unless notice of the intention to apply therefor shall have been published in the locality where the matters or things to be affected may be situated; which notice shall be at least twenty days prior to the introduction into the General Assembly of such bill, and the evidence of such notice having been given shall be exhibited to the General Assembly and noted on the journal of the House in which such bill is introduced before it shall be passed. The courts must determine the fact of such notice and indulge no presumptions in reference thereto; provided, that the provisions of this Constitution, as to special or local laws, shall not apply to public or educational institutions of or in this State, nor to industrial, mining, immigration or manufacturing corporations or interests, or corporations for constructing canals, or improving navigable rivers or harbors of this State.

     Referred to the Committee on Legislative Department.

     Resolution No. 46, by Mr. Graham (Montgomery):

     Resolved, That the Secretary of State be and is hereby instructed to furnish each member of this Convention a copy of the Code of Alabama (Civil and Criminal) taking his receipt therefor.

     Resolved, further, That immediately before this Convention shall adjourn sine die, the members thereof shall return to the Secretary of State the codes delivered to them, and take up their receipts therefor.

     Referred to Committee on Rules.

     MR. HOWELL--I move that the rules be suspended and that resolution be passed immediately.

     MR. O'NEAL--My impression is that the act providing for the holding of this Convention ordered the Secretary of State to furnish delegates with a Code.


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     MR. JACKSON--I desire to ask if a resolution was not introduced and referred to some committee requiring a certain number of copies of Constitutions to be printed and placed on the desks.

     THE PRESIDENT PRO TEM.--That was referred to the Committee on Rules.

     MR. JACKSON--Then I move that that Committee be instructed by the Convention to report.

     A reading of the clause of the act calling the Convention in this regard was called for and it was read as follows:

     Section 9. Be it further enacted, That the delegates to said Convention shall be supplied with stationery and the use of the books, statutes, reports and documents the same as members of the General Assembly.

     MR. WILSON--I am requested by the Doorkeeper to announce that the Codes are ready for delivery upon being receipted for.

     THE PRESIDENT--Further action, then is unnecessary.

     MR. GRAHAM (Montgomery)--Under the circumstances I ask leave to withdraw the resolution which I introduced. I have been sitting here for several days trying to keep up with the Convention and it is impossible to do so without having before me the Constitution of the United States and of Alabama. Being unable to secure them I introduced the resolution. The condition being as it is, I withdraw the resolution.

     Leave was granted.

     Ordinance No. 98, by Mr. Graham (Talladega):

     To amend Section 25 of Article VI of the present Constitution, relating to the election of solicitors by the people.

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

     That a solicitor for each Judicial Circuit in this State shall belected by the qualified electors of such circuit every four years and such solicitors shall not be eligible to succeed themselves after having been once so elected. Such solicitors shall be learned in the law and shall reside in the respective circuits wherein elected; provided, that the General Assembly may provide for County Solicitors of City Courts who shall be learned in the law and shall be elected by the qualified electors of the County where such court is established. The term of office of such solicitors shall not exceed four years, and they shall be ineligible to succeed themselves after having been once so elected.


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     Referred to Committee on Judiciary.

     Ordinance No. 99, by Mr. Grayson:

     To amend Section 2 of Article I. of the Constitution of 1875.-- Relating to Declaration of Rights.

     Be it Ordained, That Section 2 of Article I. of the Constitution of 1875, be, and the same is hereby amended to read as follows:

     Sec. 2. That all persons resident in this State, born in the United States, or naturalized, or who shall have declared their intention to become citizens of the United States and who have been bona fide citizens of the State of Alabama, or of the United States for five years, are hereby declared citizens of the State of Alabama possessing equal civil and political rights.

     Ordinance No. 100, by same:

     An Ordinance to amend Section 5 of Article X I I I. of the Constitution of 1875.

     Be it ordained, That Section 5, Article XIII. of the Constitution be and the same is hereby amended to read as follows:

     Section 5. The income arising from the sixteenth section trust fund the surplus revenue fund, until it is called for by the United States Government, and the funds enumerated in Sections 3 and 4 of this Article, with such other moneys, to be not less than $100,000 per annum, as the General Assembly shall provide by taxation or otherwise, shall be applied to the support and maintenance of the public schools.

     Be it further ordained, That it shall be the duty of the General Assembly to provide a law for an election, to be held in any township or other school district, upon petition of one-fourth of the registered voters of said township or district, not oftener than every two years, to determine whether or not a tax shall be levied upon the property of said township or district to supplement the public school fund; said petition to designate the tax rate which shall not exceed one-fourth of 1 per cent. Provided, that taxes collected from the property of the white race shall be appropriated as a supplement to the white public schools of that township or district, and that collected from the property of the negro race to be appropriated as a supplement to the public schools of the negro race in that township or school district. And provided, further, that the ,taxes collected from the property of corporations in said township or district shall be appropriated to the public
schools of each race in the same proportion that the property of each race of that township or district bears to the property of the other race.

     Referred to Committee of Education.

     Resolution No. 47, by Mr. Greer (Calhoun):

     Resolved, That a tax of $1.50 per head be and is hereby levied against all dogs, bitches, all other species of the canine family, and said tax to be levied and collected in same manner that present


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poll tax is levied and collected, the same to be used exclusively for school purposes, and each school district, or township, is to have all of said funds collected in its own township or district, provided, however, that any person or persons convicted of stealing a dog, bitch, or other species of dog, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than $50 nor more than $500, and also be sentenced to hard labor for the county for not more than six months at the discretion of the court, and all such fines collected shall go into the general school fund, and the same shall be distributed as may be prescribed by law.

     Referred to Committee on Education.

     THE PRESIDENT PRO TEM--There is no committee on Dogs, and the Chair would inquire what reference the delegate desires.

     MR. GREER (Calhoun)--Refer it to the Committee on Education.

     MR. GRAHAM (Talladega)--Is that a reflection on the Committee on Education.

     MR. GREER (Calhoun) --Without any reflection on any other Committee, I consider the Committee on Education the most intelligent committee, and I asked for reference to it.

     Resolution No. 48, by Mr. Henders:

     Resolved, That no county site shall be removed except it be done by a majority of the voters of the county by ballot.

     Referred to Committee on State and County Boundaries.

     Resolution No. 49, by Mr. Greer (Calhoun):

     Resolved, That no bill shall be introduced in the General Assembly during the last fifteen days of its session that is purely local in its nature.

     Referred to Committee on Legislative Department.

     Ordinance No. 101, by Mr. Handley (Randolph):

     An ordinance providing for a reduction in taxation and certain contingencies.

     Be it ordained by the people of Alabama in convention assembled, That if at any time there is a surplus in the State Treasury above the needs of the State Government economically administered, it shall be the duty of the Governor to report that fact to the General Assembly, and in that event, it shall be the duty of the General Assembly to reduce the rate of taxation of three-fourths of one per centum allowed by this constitution in such proportion that such surplus bears to the ordinary expenses of the


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State Government honestly administered, provided the same can be done without detriment to the best interests of the State.

     Referred to Committee on Taxation.

     Ordinance No. 102, by Mr. Heflin (Randolph):

     An ordinance to confirm and ratify Section 12 of Article I of the Constitution.

     Be it ordained by the people in convention assembled, That Section 12 of Article I of the Constitution of Alabama, which reads as follows: "That the right of trial by jury shall retrain inviolate" is hereby ratified and confirmed.

     Referred to Committee on Preamble and Bill of Rights

     Resolution No. 50, by Mr. Henderson (Pike):

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

     Referred to Committee on Rules.

     Resolution No. 51, by Mr. Henderson:

     Resolved, That the rate of interest in this State shall be fixed at 6 per cent per annum : Provided, any rate may be contracted for, not exceeding 10 per cent per annum, and that these rates shall not be increased or lessened by law. And that no days of grace be hereafter allowed on commercial or negotiable paper.

     Referred to Committee on Banks and Banking.

     Resolution No. 52, by Mr. Henderson:

     Resolved, That a commission known as the Railroad Commission of Alabama be established by the new constitution. That it consist of one president and two associates. One to be elected by the people, one by the Senate, and one to be appointed by the Governor. They shall hold office for six years, but it shall be so arranged that one shall go out of office every two years. Said Commission shall have power:

     First--To exercise a general supervision over all railroads and other common carriers of this State.

     Second--To revise all tariff rates for transportation and adjust the same to just and equitable compensation, and to prevent all unjust discrimination.

     Third--To require needful improvements, fencing and repairs, and to require the establishment and charges of stations.

     Fourth--To hear and determine all complaints by and against railroads and other common carriers, and its judgments, orders and decrees shall have the force and effect of judgments of law,


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and it shall have full power to enforce them as may be provided by law.

     Fifth--Said commission shall do and perform any duty required of it by law.

     Referred to Committee on Corporations.

     Resolution No. 53, by Mr. Henderson:

     Resolved, That the new constitution shall provide, that no person of African descent shall hold office in this State, except as a teacher in the public schools of his race. Nor shall any such person be drawn to serve as a juror in the courts of this State.

     Referred to Committee on Judiciary.

     Resolution No. 54, by Mr. Henderson:

     Resolved, That the new constitution provide, that the Governor of this State shall not be eligible to the Senate of the United States while in office, nor within one year thereafter.

     Referred to Committee on Executive Department.

     MR. WEATHERLY--Does not Rule 23 require all resolutions to be referred to the Committee on Rules.

     THE PRESIDENT PRO TEM--The Chair did not observe that these were resolutions, lout thought they were ordinances. The references will be changed.

     MR. HOWZE--My friend has a printed rule which he is evidently reading from, and that rule has been changed and all resolutions go to the proper committees.

     THE PRESIDENT PRO TEM--The first references were proper.

     Resolution No. 55, by Mr. Henderson:

     Resolved, That the new constitution provide, that no member of the General Assembly be allowed mileage for the distance traveled to and from the seat of government, where he travels by public conveyance free of charge.

     Referred to Committee on Legislative Department.

     Resolution No. 56, lay Mr. Henderson:

     Resolved, That Section 30 of the Declaration of Rights be amended to read as follows:

     That no title of nobility or hereditary distinction, privilege, honor or emolument, shall ever be granted or conferred in this State; and that shall be no unjust discrimination against the rights of persons or the rights of things, except in the exercise of the


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police powers, and of eminent domain of government, and to exempt from taxation property used for educational, charitable and religious purposes; and that no office shall be created, the appointment to which shall last loner than good behavior.

     Referred to the Committee on Preamble and Bill of Rights.

     Resolution No. 57, by Mr. Henderson of Pike:

     Resolved, That no special tax shall be levied and collected to pay the salary of any officer of this State, nor to maintain any separate State Department.

     Referred to Committee on Taxation.

     Resolution No. 58, by Mr. Henderson:

     Resolved, That the homestead of every resident of this State be exempt from any sale under execution or other legal process from any court, and from sale under mortgage, nor shall the same be waived in any manner for the payment of any claim for money.

     Provided, said homestead shall be liable for the purchase money and for any lien created by law for labor and material furnished for improvements or betterments. If said homestead is not in any city, town or village, it shall not exceed in area more than eighty acres and shall not be increased or lessened in area by law. If in any city, town or village it shall not exceed in value two thousand dollars.

     There shall also be exempt in the same manner the following personal property: All household and kitchen furniture, all family portraits and pictures, all books used in the family, but said personal property shall be liable for payment of any lien for rent for any house used as a dwelling place for such family.

     There shall also be exempt from sale under execution or legal process issued from any court, personal property to be selected by the owner not to exceed in value one thousand dollars. But this exemption may be mortgaged, sold by private sale or tinder legal process where the same is waived as provided by law, for the payment of any debt contracted since the adoption of this Constitution.

     Referred to Committee on Exemptions.

     Resolution No. 59, by Mr. Henderson:

     Resolved that the new Constitution provide that no bonded indebtedness shall be authorized by law to be created by any county, city, town, or other sub-division of the State, unless by the consent of a majority of the legally qualified voters residing within the district to be affected, such consent to be ascertained by an election, as may be provided by law. For the payment of bonds issued under this provision for educational purposes, no tax exceeding one-fourth of one per cent shall be levied and col


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lected upon the assessed value of the property within the district for which such bonds may issue.

     Referred to Committee on Taxation.

     Ordinance No. 103, by Mr. Hinson:

     An ordinance to amend Section 24, Article IV, of the Constitution of Alabama.

     Be it ordained by the people of Alabama, in convention assembled, That Section 24 of Article VI, of the Constitution be amended so as to read as follows:

     No local or special law shall be passed on a subject which cannot be provided for by a general law, unless notice of the intention to apply therefor shall have been published in the locality where the matter or thing to be effected may be situated, which notice shall be at least thirty days prior to the introduction into the General Assembly of such bill; the evidence of such notice shall be exhibited to the General Assembly before such act shall be passed, and the journals shall affirmatively show that such notice has been given and the evidence thereof exhibited to the General Assembly.

     Referred to Committee on Legislative Department.

     MR. WEATHERLY -- I submit to the chair that Rule 28 requires that all resolutions as distinguished from ordinances shall be referred to the Committee on Rules and this is the exception which was engrafted at the request of the gentleman from Montgomery "except resolutoins relating to the privileges of the Convention or of members, orders of the day, motions to discharge the Committee on Rules from the consideration of a resolution or to order it to report back by a day ceratin." That is my recollection of the rule as amended.

     MR. WILSON (Clarke) -- I call attention to the President to Rule 54 which defines the term "resolution" and the term "ordinance" as used in these rules. Rule 54 says that the term resolution as used in the rules refers to some proposition which is not intended to be engrafted in the Constitution. Therefore when the rule that provides that all resolutions shall be referred to the Committee on Rules is read in the light of Rule 54 it must be construed that all resolutions which do not have for their purpose the engrafting of something into the Constitution shall be referred to the Constitution on Rules and any proposition which is meant to be made a part of the Constitution, whether the delegate calls it a resolution, a composition or what not, goes to the appropriate Committee and is not governed by the rule referred to by the gentleman from Jefferson.

     THE PRESIDENT PRO TEM.-- The Chair is of the opinion that the delegate from Clarke puts the proper construction upon


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the rule. Wherever the resolution refers to some matter that is a rule of proceeding or something other than something to go in the Constitution, it certainly is required to be sent to the Committee on Rules but though it be in the form of a resolution when it pertains to changes in the Constitution it should be referred to the committee having jurisdiction over that branch of the Constitution.

     Ordinance No. 104, by Mr. Howell:

     Regulating the per diem and mileage of the General Assembly of Alabama.

     Section 1. Be it ordained by the people of Alabama in Convention assembled: That, from after the ratification of the Constitution now being formulated, the per diem of members of the General Assembly shall be five dollars, and fifty cents per mile in going to and returning from the seat of government, the distance traveled to be computed from the court house of each country by the usual route of travel, and mileage shall not be paid for but one trip at any one session.

     Referred to Committee on Legislative Department.

     Ordinance No. 105, by Mr. Howze (Jefferson):

     An Ordinance to require salaries for Judges to be paid by the State.

     Be it ordained by the people of Alabama in Convention assembled, That the salary of all Judges of the Supreme Court, Circuit Court, Chancery Court, and all inferior courts having and exercising criminal jurisdiction, shall be paid by the State.

     Referred to Committee on Judiciary.

     MR. SMITH (Mobile)--I am directed by the Rules Committee to make a report. Under Rule 41 the Rules Committee may report at any time.

     THE PRESIDENT PRO TEM-- The gentleman is in order and the Clerk will read the report.

     The report was read as follows:

     The Committee on Rules have considered the resolutions hereinafter mentioned, and beg leave to report in regard thereto as follows:

     It reports, as a substitute for Resolution No. 11, offered by Mr. Rodgers of Lowndes, the following resolution, and recommends its adoption by the Convention:

     Resolved, That until otherwise ordered this Convention shall meet regularly at 10 o'clock, and stand adjourned at 1 o'clock p.m.


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     It reported favorably Resolution No. 12, introduced by Mr.Bulger of Tallapoosa, and recommends its adoption by the Convention. Said resolution reads as follows:

     Resolved, That whereas, Hon. Jno.. B. Knox, the distinguished President of this Convention, delivered a most able address, outlining our plans, policies and duties looking to the framing of a Constitution for our State, therefore be it

     Resolved, That the Secretary of the Convention be and is hereby directed to have printed 5,000 copies of the address for the use of the members of the Convention.

     It reports favorably that the substance of Resolution No. 15, offered by Mr. Watts of Montgomery, has already been embodied in the rules of the Convention, and further consideration thereof, becomes unnecessary.

     It reports favorably upon Resolution No. 14, introduced by Mr. Rodgers of Sumter, and recommends its adoption by the Convention. Said resolution reads as follows:

     Resolved, That the Secretary of this Convention procure, and have printed in consolidated form for the use of its members 500 copies of those sections relating to suffrage in the Constitutions of the following States: Connecticut, Massachusetts, Maryland, Pennsylvania, North and South Carolina, Mississippi, Louisiana, California and Utah.

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

     MR. O'NEAL--I move to amend Resolution 14 by adding the dates at which these constitutions were adopted and also to incorporate the general laws of the State of Massachusetts in reference to suffrage and elections.

     MR. COLEMAN (Greene)--Only a portion of the laws of the State of Massachusetts will be needed.

     MR. O'NEAL--My motion is to incorporate the last statute of that State with reference to suffrage and elections.

     A vote being taken the amendment was adopted.

     MR. CUNNINGHAM--I move to amend Resolution 14 by adding "so much of the Constitution of the United States as relates to this subject."

     THE CHAIRMAN PRO TEM.--Does the delegate mean the Twelfth, Thirteenth and Fourteenth amendments?

     MR. CUNNINGHAM--Yes, and also the first section of the article in regard to the qualifications of electors in elections for


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Congress. It is only a small portion and it will be a ready reference for every delegate to have before him.

     THE CHAIRMAN PRO TEM.--The delegate will reduce his amendment to writing.

     MR. PROCTOR--I would suggest to the gentleman from Jefferson that each delegate has at his desk a Code of Alabama which contains the very thing he wants.

     MR. SAMFORD--I rise to a point of inquiry. The other day we ordered some publications of the rules with certain other matter. As one delegate to the convention, I would like to know when we are to get them.

     THE PRESIDENT PRO TEM.--The chair is informed that the printer is at work on that matter now and it will soon be ready.

     The amendment of Mr. Cunningham was reduced to writing and was read as follows: "Amend by adding so much of the Constitution of the United States as relates to suffrage and elections.

     A vote being taken, the amendment was adopted.

     MR. JONES (Montgomery)--I will move to amend the report of the committee as to the time for adjournment, by striking out one o'clock and inserting "at will." There may be occasions when we cannot adjourn at one, and I think we ought to be able to hold on as we please.

     A vote being taken, the amendment was lost on a division--ayes, 54 ; noes, 56.

     MR. KIRK--I move that the hour of adjournment be two o'clock instead of one.

     A vote being taken, this amendment was lost, and a further vote being taken, the report of the committee, as amended, was adopted.

     MR. GREER--Mr. President, I move that we adjourn.

     MR. BULGER--I move that this convention do now adjourn until tomorrow at 10 o'clock.

     PRESIDENT PRO TEM--Before putting the motion to adjourn, the chair desires to make some announcements as to committee meetings.

     The announcements were read by the clerk.

     PRESIDENT PRO TEM--I will state to the convention, if the delegate from Tallapoosa will withhold his motion for that purpose, that there is a communication I have, addressed to Mr.


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Knox, President of the Convention. If he will withhold his motion, and it is desired the communication shall he read. Does the gentleman withhold the motion.

     Cries of leave.

     MR. COLEMAN (Greene)--Who is the author of the communication.

     PRESIDENT PRO TEM--I see it is signed Booker T. Washington.

     MR. SAMFORD--I move that we adjourn.

     Cries of "read it."

     MR. COLEMAN (Greene) -- I was just going to remark that the author of that communication is the most noted man of his race in the State, and perhaps in the South, and under the circumstances, as we are considering a question in which he and his race are vitally interested, I for one would be pleased to hear it read. I move that it be read to the convention.

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

     PRESIDENT PRO TEM--The gentleman will state his point of order.

     MR. WILLETT--We have just adopted a rule that this house adjourn at 1 o'clock. It is after one now and it stands, adjourned by that rule.

     MR. JONES (Montgomery)--I move to suspend the rules then.

     THE PRESIDENT PRO TEM--I think the report of the committee was adopted after 1 o'clock, and the chair will hold that the point is not well taken. Hereafter it may be.

     MR. ROGERS (Sumter)--I would like to suggest that we might hear it tomorrow. If the communication is of much importance it had better be postponed until morning. I merely make that as a suggestion. I move that it be postponed.

     Seconded.

     MR. COLEMAN (Greene)--Mr. President we are here, and I do not suppose it would take but a very short time to read it.

     PRESIDENT PRO TEM--Does the gentleman from Sumter insist on the motion or withdraw it?

     MR. ROGERS (Sumter)--I withdraw the motion.

     The paper was read and is as follows:


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                                                                                                                                                       May 23, 1901.

Hon. John B. Knox, President, Alabama State Constitutional Convention,
            Montgomery, Ala.:

     Dear Sir--I have been appointed chairman of a committee composed of Messrs. W. H. Councill, Henry A. Loveless, William Watkins, W. R. Pettifold, Charles O. Boothe and Dr. S. S. H. Washington, to present the enclosed address representing the feelings and wishes of the colored people of the State of Alabama to your convention, and I very much hope that you can see your way clear to have it read to the convention and to make whatever disposition of it you think proper.                                                                                  Yours truly,

                                                                                                                          Booker T. Washington.

To the: Members of the Constitutional Convention:

     Since it is true that our race numbers in this State about 800,000 and there is no member of the race a member of your body, who can speak directly for us in an official capacity, we do not think that you will misunderstand the object and spirit of this communication, for it is not sent to you in a dictatorial, fault-finding spirit, but with an earnest desire to be of some assistance in the performance of a grave and perplexing task. We make ourselves all the more bold to send you this communication because members of your body in nearly every part of the State have expressed a desire to hear from us.

     It could not be expected that the 800,000 colored people in this State would not have some interest in the deliberations of a body that is to frame the fundamental law under which both races are to be governed in this State, perhaps for all future time.

     Your petitioners are not stirrers-up of strife between the races, but we feel that the questions with which you are to deal are above and beyond party politics. Each of us, in some calling, is a hard working, tax-paying, and, we trust, law-abiding citizen, and we believe that we represent in a large measure the feelings and desires of the masses of our people in the State.

     We beg to your honorable body to keep in mind in dealing with the problems that grow out of our presence that, as a race, we did not force ourselves upon you, but were brought here, in most cases against our will, but nevertheless we recognize that since being here, we have been vastly benefited. We have gotten habits of industry, the English language, and the Christian religion, and at the same time, we have tried in an humble way to render valuable service to the white men in clearing the forests, building the railroads, cultivating the lands, working the mines, as well as in many forms of domestic service and in other activities. Our fathers and mothers have helped nurse you and your children, and when the male members of the family were away from home fighting in war that might have meant our continued enslavement, we remained at home, working your farms, supporting and protecting your helpless wives and daughters. When we have been called to perform any duty of citizenship, whether fighting a


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foreign foe, working the public roads, or any other duty, we have tried to do our best.

     We beg of you to bear in mind that for more than twenty years the negro in this State has not, as a rule, been a disturbing or offensive element. Immediately after the war, we made mistakes just as would have been true of any people placed in the same position, but we have learned our lesson from those mistakes and they are not likely to be repeated.

     The changes wrought by time and the providence of God, it seems to us, place your body in a particularly responsible position. You assemble at a time when your actions will not be directed or restricted by any pressure from the Federal government or elsewhere. The North is almost unanimous in its agreement that the future of the negro in a large degree rests with the South. Almost for the first time since freedom came to us, a law-making body assembles in the South, bearing the supreme law-making power of the State, and is left free to act entirely untrammeled by outside influences. Almost for the first time, the negro is to rest his future in a large degree upon the conscience and intelligence of a great law-making body of a great Southern State. You have the power. The world will watch while you act.

     It requires little thought, effort or strength to degrade and pull down a weak race, but it is a sign of great statesmanship to encourage and lift up a weak and unfortunate race. Destruction is easy; construction is difficult.

     There are those among your petitioners who have persistently urged the negro to learn to trust his future with his Southern white neighbor and that when the supreme test came he would receive justice at his hands. This is a crucial hour for those who have thus advised our race, but we do not believe that our faith in you will be misplaced. We believe that the possession of great power will deepen your sympathy for the weak and dependent elements of our population.

     It seems to us on the whole, that the relations of the two races in this State are reasonably satisfactory, and we tremble with fear lest something will be done to disturb these relations and to bring discouragement and demoralization to our race.

     Of the greatest importance is the economic consideration. The greater portion of our people are settled upon the plantations in the cotton raising districts, while a large number of others is in the mining districts. These people are occupying and cultivating land that is largely owned by white people or operating other industries owned by white people. Still others are buying homes and thereby contributing to the welfare of the State. In most cases, they are a contented, producing, law-abiding people. Already, alarm is beginning to spread among them and their fears are being worked upon by emigration agents and exodus associations who are telling them that under the new Constitution the negro's citizenship will be taken from him and that his schools will be virtually blotted out. These agencies expect in one way or another to reap gain by reason of something that you will do in your Convention.


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     Anything that will unsettle and cause excitement of people at the present time, when, more than ever, in all parts of the State, the race is beginning to improve, to settle down to habits of thrift, economy and common sense, will not only prove injurious to our race, but to yours also. The history of all races proves that a contented, intelligent, friendly working class is the greatest possession of any State.

     The negro youth must have some incentive for right and useful living held out to him. Let the negro feel that no matter how intelligent or useful he makes himself, that there is no hope of reward held out before him, and there will be danger that he will become a beast, revelling in crime and a body of death about the neck of the State. In a thousand ways, the ignorant, shiftless, criminal negro will retard the progress of the white race.

     The negro is not seeking to rule the white man. In this State the negro holds not a single elective office. Whenever he votes, he usually votes for some white man and is learning more and more to vote for the best white man. There is in the last analysis a feeling of tenderness, good will and sympathy existing between the two races in this State, which the outside world can hardly understand or appreciate. We pray that this relation may not be disturbed.

     The negro does ask, however, that since he is taxed, works the roads, is punished for crime, is called upon to defend his country, that he have some humble share in choosing those who shall rule over him, especially when he has proven his worthiness by becoming a taxpayer and a worthy, reliable citizen. While the amount of direct taxes paid by the negro is small, all will acknowledge that he is a large factor in enabling some one else to pay taxes for the negro who rents a farm or a house not only pays the rent, but indirectly, the taxes also.

     We rejoice in that we have reached a period in our development when we can speak in frank but friendly terms of the objects of your convention, the chief aim of which is we trust, the wise and just government of the people of Alabama. In this high purpose, your petitioners agree and sympathize with you. We are all owners of property and tax payers and have the same interest in good government that you have. We know that the task before you is a delicate, trying and perplexing one. In this connection, we desire to add that, in our humble opinion, while there may be doubt and uncertainty in many directions, one thing is absolutely and unmistakably clear?that nothing that is not absolutely just and fair, will be permanently successful.

     Any law which will merely change the name and form of fraud, or can be interpreted as meaning one thing when applied to one race and something else when applied to another race, will not in our opinion improve our present condition, but may unsettle the peace and thrift of our people and decrease the wealth and prosperity of Alabama.


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     While you deliberate and act, be assured that you will have the prayers and good wishes of thousands of black people in every part of our State.

       (Signed.)                      Respectfully submitted,

Chas. O. Boothe,
D. H. Tulane,
Elijah Cook,
John L. Thomas,
M. H. Adams,
Moses Davis,
H. J. A. Loveless,
A. J. Wilborn,
A. J. Wood,
J. W. Adams,
John N. Brown,
Alfred C. Dungee, M.D.
Booker T. Washington
S. S. H. Washington,
C. F. Steers, Sr.,
William Watkins,
Henry Todd,
S. Ross,
R. H. Herron,
W. R. Pettiford,
W. H. Council,
M.D. R. B. Hudson,
R. E. Lee,
Ad. Wimbs.
  Mr. Greer renewed the motion to adjourn and on a vote it was carried and the convention adjourned.

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