JOURNAL PROCEEDINGS CONSTITUTIONAL CONVENTION STATE OF ALABAMA, HELD IN THE CITY OF MONTGOMERY, COMMENCING MAY 21ST, 1901, With an Index prepared by the Secretary. MONTGOMERY, ALABAMA THE BROWN PRINTING COMPANY, PRINTERS AND BINDERS 1901 Tta fa. 6" J90/ JOURNAL. FIRST DAY. Constitutional Convention Hall.. Montgomery, Ala., May 21, 1901. In compliance with the terms of an Act entitled "An Act to Revise and Amend the Constitution of the State of Alabama," approved December 11th, 1900, there as- sembled in the Hall of the House of Representatives in the Capitol in the city of Montgomery on this, May 21st, 1901, at 12 o'clock noon meridian, a Convention, com- posed of duly elected and accredited representatives of the people of Alabama, for the purpose indicated in said Act. Hon. Thomas N. McClellan, Chief Justice of the Supreme Court of Alabama, as directed by the enabling act, called the Assembly to order promptly at the noon hour, and appointed the Secretary of State, Hon. Robert P. McDavid, to act as Secretary of the temporary organ- ization. The Chief Justice referred the attention of the mem- bers to the Act providing for the organization of the Convention, and from a list of duly elected delegates,, which had been certified to him by the Secretary of State, he called the names of the members, all of whom came forward and enrolled themselves as follows : Messrs. D. C. Almon, D. S. Bethune, W. A. Altman, Samuel Blackwell,. John T. Ashcraft, B. Boykin Boone, Wm. H. Banks, Leslie E. Brooks, J. H. Barefield, Cecil Browne, W. H. Bartlett. Thos. L. Bulger, J. Robert Beavers, John D. Burnett,. C. P. Beddow, John P. Burns,. ivil8S95 Journal of Alabama Jolm A. B jars, H. W. Cardon, A. H. Carmicliael, M. S. Carmicliael, G. H. Carnatlion, D. C. Case, Keuben Chapman, James E. Cobb, W. T. L. Cofer, E. W. Coleman, Thomas ^V. Coleman, Thomas J. Cornwell, B. H. Craig, K. M. Cimningham, Herbert T. Davis, John A. Davis, S. H. Dent, Edw. \S\ (leGraffenried, J. B. Duke, B. T. Eley, John C. Eyster, T. M. Espy, Chas. W. Ferguson, Wm. C. Fitts, A. S. Fletcher, J. M. Foshee, J. M. Foster, Newman H. Freeman, John A, Gilmore, W. F. Glover, Edward A. Graham, Joseph B. Graham, L. W. Grant, John W. Grayson, Charles H. Greer, L. F. Greer, C. L. Haley, William A. Handley, Geo. P. Harrison, John T. Heflin, J. Thomas Heflin, J. C. Henderson, Evans Hinson, P. W. Hodges, O. R. Hood, W. P. Howell, A. C. Howze, W. B. Inge, E. C. Jackson, Samuel C. Jenkins, John C. Jones, James McLean Jones, Bichard C. Jones, Thomas G. Jones, John J. King, James T. Kirk, W. W. Kirkland, Wm. N. Knight, John B. Knox, R. B. Kyle, E. W. Ledbetter, Lawrence W. Locklin, Tennent Lomax, J. Lee Long, T. L. Long, Robert J. Lowe, W. T. Lowe, Gordon Macdonald, Lee McMillan, Geo. H. Malone, J. T. Martin, J. C. Maxwell, A. H. Merrill, Charles H. Miller, Joseph N. Miller, Milo Moody, E, R. Morrisette, W. O. Mulkey, Joel D. Murphree, C. C. NeSmith, J. D. Norman, Norvelle, R. Leigh, Jr. Joseph Norwood, Wm. C. Gates, Emmet O'Neal, John W. O'Neill, Henry Opp, Rufus A. O'Rear, Dabney Palmer, George H. Parker, Constitutional Convention. 5 John H. Parker, James P. Pearce, Erie Pettus, E. A. Phillips, Harry Pillans, P. H. Pitts, John H. Porter, John F. Porter, John F. Proctor, Henry Fontaine Reese, N. P. Renfro, Lewis H. Reynolds, E. J. Reynolds, J. J. Robinson, John A, Rogers, G. J. Rogers, Sr., Wm. H. Samford, W. T. Sanders, John W. A. Sanford, George A. Searcy, Henry C. Selheimer, J. O. Sentell, J. B. Sloan, Gregory L. Smith, Mac A. Smith, Morgan M. Smith, Michael Sollie, George A. Sorrell, N. B. Spears, Robert E. Spragins, J. H. Stewart, S. L. Studdard, W. H. Tayloe, J. F. Thompson, Watkins M. Vaiighan. Boswell deG. Waddell, Richard W. Walker, Thomas H. Watts, John B. Weakley, James Weatherly, Frank S. Wliite, W. W. Whiteside, E. D. Willet, A. E. Williams, Gesner Williams, Jere N. Williams, E. P. Wilson, Massey Wilson, James J. Winn. The Chief Justice then administered the following oath to the whole body, standing, it being in the lan- guage of the oath presented in the Enabling Act, to- wit: "I do solemnly swear that I will support the Con- stitution of the United States, and I will honestly and faithfully perform the duties which are now to devolve on me as a delegate of this Convention, so help me God." Upon motion of !Mr. Harrison, of Lee, the Conven- tion then adjourned until 11 o'clock a. m. on tomorrow. JouKXAL OF Alabama. SECOND DAY. Constitutional Convention Hall. Montgomery, Ala., Wednesday, May 22, 1901. The Convention was called to order by the Chief Justice at 11 a. m. The Divine blessing was invoked by the Rev. Mr. Patterson, of Montgomery. Upon the call of the roll 150 members, a quorum, re- sponded as follows: Messrs. Almon, Altman, Ashcraft, Banks, Barefield, Beavers, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Bulger, Burnett, B.urns, Byars, Cardon, Carmicliael (Colbert), Carmichael ( Coffee ) , Carnathon, Oase, Chapman, Cobb, Col eman ( reene ) , Coleman (Walker), Corn well, Craig, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, deGraffenried, Duke, Eley, Eyster, Espy, Ferguson, Fitts, Fletcher, Foshee, Foster, Freeman, (xilmore, Glover, Graham ( Montgomery Graham ( Talladega ) , Grant, Grayson, Greer ( Calhoun ) , Greer (Perrv), Haley, Handley, Harrison, Heflin ( Chambers) , Heflin (Randolph), Henderson, Hinson, Hodges, Hood. Howell, Howze, Tnge, Constitutional Convention. JacksoD, Jenkins, Jones (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), King, Kirk, Kirkland, Knight, Kyle, Ledbetter, Leigh, Locklin, Lomax, Long (Butler), Long (Walker), Lowe (Lawrence), Macdonald, McMillan ( Baldwin) McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Morrisette, Mulkey, Murphree, NeSmith, Norman, Norwood, Oates, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Pitts, Porter, Proctor, Reese Kenfroe, Reynolds (Chilton), Reynolds (Henry), Robinson, Rogers (Lowndes), Rogers (Sumter), Samford, Sanders, Searcy, Selheimer, Sentell, Sloan, Smith (Mobile), Smith, Mac. A., Smith, Morgan M., Sollie, Sorrell, Spears, Spragins, Stewart, Studdard, Tayloe, Thompson, Vaughan, W^iddell, Walker, Watts, Weakley, Weatherly. White, Whiteside, Willett, Williams (Marengo), Williams (Elmore), Wilson (Clarke), Wilson (Washington), WiDi>— 150. 8 Journal of Alabama Mr, Graham moved that the Convention proceed to the election of permanent officers, which motion pre- vailed. Mr, T, W. Coleman placed in nomination for Presi- dent of the Convention ^Ir. John B, Knox of Calhoun. The motion was seconded by Mr, J. Thomas Heflin, of Chambers. No other nominations being made, Mr. Coleman moved that the rules be suspended and that Mr. Knox be elected by acclamation, which motion pre- vailed, Mr, Knox was thereupon unanimously elected by acclamation. The Chair appointed Messrs, T. W. Coleman, Gates and Lomax to advise Mr. Knox of his election and es- cort him to the President's chair. The Chief Justice presented Mr. Knox to the Con- vention as its President, and relinquished to him the chair. In accepting it Mr. Knox said: Gentlemen of the Convention : I thank you for the high honor you have conferred in elevating me to preside over the deliberations of this Convention. Viewed from the standpoint of my pro- fession, to which, up to this moment, my life's work has been devoted, it is a great honor, indeed; for I know of no higher honor than can be conferred upon a lawyer than to be made President of the Constitutional Convention, which represents the sovereignty of his people, and numbers among its delegates, in large part, the intellect and talent of the State — ^those who have in the past, and who will in the future exert a potent influence in shaping and directing the affairs of the State. IMPORTANCE OF THE ISSUE. In my judgment, the people of Alabanui have been called upon to face no more important situation than now confronts us, unless it be w^hen they, in 1861, stir- red by the momentous issues of impending conflict be- tween the North and the South, Avere forced to decide CONSTITXTTIONAL CONVENTION. 9 whether they would remain in or withdraw from the Union. Then, as now, the negro was the prominent factor in the issue. Tlie Southern people, with this grave problem of the races to deal with, are face to face with a new epoch in Constitution-making, the difficulties of which are great, but which, if solved wisely, may bring rest and peace and happiness. If otherwise, it may leave us and our posterity continuously involved in race conflicts, or, what may be worse, subjected permanently to the baneflul influences of the political conditions now pre- vailing in the State. So long as the negro remains in insigniflcant minor- ity, and votes the Republican ticket, our friends in the North tolerate him Avitli complacency, but there is not a Northern State, and I might go further and say there is not an intelligent white man in the North, not gangrened by sectional prejudice and hatred of the South, who would consent for a single day to submit to negro rule. If the negroes of the South should move in such num- bers to the State of Massachusetts, or any other North- ern State, as would enable them to elect the officers, levy the taxes and control the government and policy of that State, I doubt not they would be met, in spirit, as the negro laborers from the South were met at the State line of Illinois, with bayonets, led by a Republi- can G^overnor, and flrmly but emphatically informed that no quarter would be shown them in that territory. One has studied the history of recent events to very little purpose who has failed to discover that race pre- judice exists at the North in as pronounced a form as at the South, and that the question of negro domina- tion, when brought home, will arouse the same opposi- tion in either section. And what is it that we do want to do? Why, it is, within the limits imposed by the Federal Constitution, to establish white supremacy in this State. This is our problem, and we should be permitted to deal with it, unobstructed by outside influences, with a sense of our responsibilities as citizens, and our duty to posterity. 10 Journal of Alabama northern interference. Some of our Northern friends have ever exhibited an unwonted interest in our affairs. It was this inter- ference on their part that jjrovoked the most tremen- dous conflict of modern times; and there are not a few phihmthropists in that section who are still uneasy lest we be permitted to govern ourselves and allowed to live up to the privileges of a free and sovereign peo- ple! Some of the same, in like missionary spirit, are greatly concerned about the condition of the China- man in China, but we do not find them appealing to Congress, or interfering with the local policy of Cali- fornia, a Northern State, for the protection of the Chinaman, who is a resident tliei'e, or making any at- tempt to interfere with the right of that people to gov- ern themselves, and to provide for a pure administra- tion of government and for the protection of property! If it is the negro that is the object of their solicitude, it Avould seem- — not to speak of Africa itself — they would find an inviting fie'd in Cuba and in our new ac- quisitions of Hawaii, Porto Kico and the Philippines. The disinclination thej^ exhibit to enter this field only servTS to confirm the well-grounded conviction in this section, that the point of their interference is not so much to elevate the black man as it is to humiliate the "VN'hite man, with whom they have long been in antago- nism. But we may congratulate ourselves that this section- al feeling, which has served to impair the harmony of our common country, and to limit the power and retard the development of the greatest government on earth, is fast yielding to reason. While me may differ from him politically, there is not an enlightened and patriotic Southern man who fails to see that much of this result is due to the honorable and statesuianlike policy of the present Chief Executive of these United States, who, by the consideration he has shown our section in many ways, notably in the Spanish- American war, and by refusing to lend his approval to any movement looking to the reduction of our represen- CONSTITI'TIONAL COXVEXTIOX. 11 tation in Congress or in the Electoral College; has shown himself capable of being President of the whole country, and not merely one section of it, and has been enabled to present the spectacle of a reunited people, and contrib- uted much to place our government in the very front rank with the nations of the world. THE ATTITUDE OF THE SOUTHERN MAN TOWARDS THE NEGRO. The Southern man knows the negro, and the negro knows him. The only conflict which has, or is ever likely to arise, springs from the effort of ill-advised friends in the North to confer upon him, without pre\ioUs training or preparation, places of power and responsibility, for which he is wholly unfitted, either by capacity or experi- ence. When it comes, however, to dealing with the negro, in domestic service, or in a business way, the Southerner is infinitely more indulgent to him than his Northern compatriot. There comes to us a well-authenticated story from Kentucky, of an old darky, who, after the war, influenced by the delusion that the only friends the negro had were in the North, wandered up into Illinois, hoping to find an easy fortune. But here he soon found, that while the people had much to say to him about the evils of slavery, and the destiny of his race, every one with whom he did business, held him to a strict accountabilit3\ Trained, as he was, to the slow movement of the mule in the Southern cornfield and cotton patch, he could not handle the complicated machinery, or keep pace Avith the quick- er methods of farming in the West, and so he was soon cast adrift. When he asked for help he was told to go to work, and so he wandered, foot-sore and weary, back through Indiana and Ohio, until he reached again the old Southern plantation in Kentucky. Finding the planter comfortably seated upon his veranda, the old darky ap- proached, hat in hand, and asked for something to eat. 12 Journal of Alabama "Why, you damn black rascal, what are you stopping here for? Go iuto the kitcheu and tell the cook to give you something- to eat." "Before God, master," the old darkey said, grinning from ear to ear, "them's the sweetest words I'se heard since I left old Dixie." The old man was home at last. He was among peo- ple who understood him, and whom he understood. WHITE SUPREMACY BY LAW. But if we would have white supremacy, we must es- tablish it by law — not by force or fraud. If you teacb your boy that it is right to buy a vote, it is an easy step for him to learn to use monej^ to bribe or corrupt officials or trustees of any class. If you teach your boy that it is right to steal votes, it is an easy step for him to believe that it is right to steal whatever he may need or greatly desire. The results of such an in- fluence will enter every branch of society; it will reach your bank cashiers, and atfect positions of trust in ever}' department; it will ultimately enter your courts, and affect the administration of justice. i submit it to the intelligent judgment of this Con- vention that there is no higher duty resting upon us, as citizens and as delegates, than that which requires us to embody in the fundamental law such provisions as will enable us to protect the sanctity of the l)allot in every portion of the State. The justification for whatever manipulation of the ballot that has occurred in this State has been the men- ace of negro domination. After the war, by force of Federal bayonets, the negro was placed in control of every branch of our government. Inspired and aided by unscrupulous white men, he wasted money, created debts, increased taxes until it threatened to amount to confiscation of our property. While in ])Ower, and within a few years, he increased our State debt from a nominal figure to nearly thirty millions of dollars. The right of revolution is always left to every people. Being prostrated by tlie etfects of the war, and unable to take- COXSTITUTIUNAL CUNVEXTIUX. 13 up arms in their own defense, in some portions of tliis State, wliite men, greatly in tlie minority, it is said, re- sorted to strategem — used tlieir great intellect to over- come the greater numbers of their black opponents. If so, such a course might be warranted when consid- ered as the right of revolution, and as an act of neces- sity ior self-preservation. But a people cannot always live in a state of revolution. The time comes when, if they would be a free, happy and contented people they must return to a constitutional form of govern- ment, where law and order prevail, and where every citizen stands ready to stake his life and his honor to maintain it. WHAT REMEDY SHALL BE ADOPTED. Upon the threshold of our deliberations, I will not undertake to indicate to you how you should solve this new and difficult question of Constitutional reform. At the outset of this movement, I venture to suggest that delegates should be cautious in undertaking to define just what provisions would be or should be embodied in the Constitution; that the new Constitution, when made and placed before the people for ratification, would be and ought to be the result of the united action of the Convention ; that if one came here with his mind made up and his Constitution in his pocket, he would hardly be in a fit condition to confer with his fellow- delegates on this important subject . I still hold this view. I fail to appreciate the idea of those who seem to think it the duty of delegates to this Convention to write out and publish their views before the Convention meets. Under this plan, we would be liable to have as many Constitutions as delegates. What the people want, in my judgment, is an earnest consideration of and consultation upon these important questions, so that the finished work will represent the united wisdom and experience of the Convention. Mississippi is the pioneer State in this movement. In addition to the payment of a poll tax, there it is pro- Tided that oulv those can vote who have been duly reg- 14 Journal of Alabama istered, aud oul}- those cau register who can read, or understand when read to them, any clause in the Con- stitution. The decision as to who are sufficiently in- telligent to meet the rexiuirements of the understanding, clause is exclusively in the hands of the registrars. But to this plan, the objection has been urged with force that it perpetuates the very form of abuse from which we are seeking to escape; that elections by man- agers or registrars is not what we want. Our aim should be for a correction of all evils which threaten the purity of the" ballot and the morals of the people. The provision adopted in South Carolina requires the payment of the poll tax, assessed against him for the previous year, six months before any election, and that the voter shall be duly registered. To be qualified for registration up to January 1st, 1898, voters must have been able to read a clause in the Constitution, or under- stand or explain it when read by the registration offi- cer; and all who register subsequent to that time must be able both to read and write any section of the Con- stitution, or else show ownership of property assessed at three hundred dollars or more, and the payment of all taxes assessed against him and collectable during the previous year. In Louisiana aud North Carolina, the methods of re- lief adopted are substantially the same, and require in addition to the poll tax clause, that the voter shall register in accordance with the provisions of the Con- stitution, and onh' those are authorized to register who are able to read and write any section of the Consti- tution in the English language, with the further proviso that no nuile i>ers()n who was, on January 1st, 1867, or at an\^ time prior thereto, entitled to vote under the laws of any State in 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 elec- tion by reason of his failure to possess the educational anization by the election of the following officers, in the order named : Secretary, Assistant Sec- retary, Doorkeeper, Assistant Doorkeeper." Mr. Carmichael, A. H., placed in nomination for Sec- tary Mr. Frank N. Julian of Colbert. There being no other nomination, the rules were suspended, and Mr. Julian was elected b}' acclamation. Mr. Lomax placed in nomination for Assistant Secre- tary Mr. William T. Herbert of Montgomery, Avho was, under a suspension of the rules, also elected by accla- mation. Mr. Graham, J. B., nominated Mr. Kobert Hasson of Calhoun for Doorkeeper; the rules were suspended and he was elected by acclamation. INIr. Sollie nominated Mr. T. J. Fain of Dale for As- sistant Doorkeeper, and he was likewise elected b}' ac- clamation, the rules having been suspended. Mr. Smith of Mobile introduced the following reso- lution, which was unanimously adopted: Resolution 2 — "Resolved, Tliat the President appoint a Committee on Rules, of i^iiie members, of which the President shall be the chaimiun, to report the number of subordinate officers, the mniner of their selection, and their duties, the various stt^nding committees, the order of l)usiness, and the rules for the government of this Convention." The follow'ng resolution was introduced by Mr. Browne, and was unanimously adopted : Resolution 3 — "Resolved, TJiat until the report of the Committee on Rules, all resolutions shall be referred, without debate, to the appro] -r'atc coiiniiittees when raised." Constitutional Convention. 23 Mr. Hefliu, of Chambers, moved that a committee of nine, one from each of the Congressional Districts, be appointed by the Chair to select seats for the several members. Mr, Blackwell, of Morgan, offered as a substitute the following : "Resolved, That in order to equitably assign the delegates seats in this Convention, that the names of all the delegates be placed in a hat and that one of the pages be blindfolded and draw one at a time the names from the hat, and that the Secretary immediately read the nauies so drawn, and that the party whose name is read at once select his seat. And after all the seats are so drawn, delegates shall have the right to exchange seats if they so desire." The substitute was adopted. Mr. Gates ottered the following resolution : "Resolved, That a special committee of nine mem- bers be appointed by the Chair, to take into considera- tion the advisability of contracting with an expert sten- ographer to report the proceedings of this Convention in full, and the necessary cost thereof, and report the same to the Convention at the beginning of to-morrow's session." The rules were suspended and the resolution was adopted. • Mr. Sanford offered the following resolution, which was referred to the Committee on Rules : "Resolved, That this Convention will entertain no motion, resolution or ordinance, having for its object the revision or amendment of the Constitution, until the committees are appointed by the President." On motion of Mr. Eyster, the oath of office was ad- ministered by the President to Messrs. Frank N, Jul- ian, William F. Herbert, Robert Hasson and T. J. Fain, the newly-elected officials of the Convention. The Journal of yesterday was read and approved. Indefinite leave of absence was accorded Hon. Jere N. Williams on account of illness in his family. Mr. Howell offered the following resolution : 24 Journal of Alabama "Resolved, That a committee of three he apiwinted b}' the Chair to wait on the eler«iymen of this city and invite them, to lead religions service at the opening of the mornino" session of this body." The rules were suspended, and the resolution was unanimously adopted. Mr. Long of Walker moved a reconsideration of the vote by which Mr. BlackwelFs resolution relating to the assignment of seats had passed. Mr. Fitts made the point of order that, as business had intervened since the adoption of the resolution, Mr. Long's motion was out of order. The Chair declined to sustain the point of order. Mr. White spoke in opposition to the motion of Mr. Long, and concluded by moving to lay it on the table, the fol- lowing being the vote on the motion : YEAS. Messrs. President, Almon, Altman, Ashcraft, Banks, Barefield, Bartlett, Beavers, Beddow, Blackwell, Boone, Browne, Bulger, Burnett, Burns, Byars, Carmichael (Colbert), Carmichael (Coffee), Carnathon, Case, Cunningham, - Dent, deOraffenried, Eley, Evster, Espy, Ferguson, Fitts, Foshee, Foster, I'reeman, Gilmore, Graham (Talladega),. Grant, Greer (Calhoun), Hand ley, Harrison, Henderson, Hinson, Hodges, Howell, Jackson. Jones (Hale), Jones (Wilcox) y King, Kirk, Constitutional Convention. 25 Kirkland, Led better, Leigh, Locklin, Loinax, Long (Butler), XiOwe (Lawrence), Macdonald, McMillan r Baldwin), McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Mulkey, Murphree, NeSmitk, Norman, Norwood, Oates, O'Neal ( Lauderdale) , O'Neill (Jefferson), Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Pitts, Porter, Proctor, Kevnolds (Chilton), Reynolds (Henry), Rogers (Sumter), Sam ford, Sanders, Sentell, Sloan, Smith (Mobile), Smith, Mac. A., Smith, Morgan M., Sollie, Sorrel 1, Spears, Studdard, Thompson, Vaughan, Waddell, AValker, ^A>akley, Weatherlv, White, Whiteside, Wilson (Clarke), Wilson (Washington) Winn. NOES. Messrs. Bethune, Brooks, Cardon, Chapman, Cobb, Coleman (Greene), Coleman (Walker), Cornwell, Craig, Lavis (DeKalb), Davis (Etowah), Duke, Fletcher, Glover, Graham (Montgomery), Grayson, ■26 Journal of Alabama Greer (Perry), Reese, Haley, Kobinson, Heflfn (Chambers), Kogers (Lowndes), Heflin (Randolph), Sanford, Hood, Searcy, Howze, Selheimer, Inge, Spragins, Jenkins, Stewart, Jones (Hale), Tayloe, Jones (Montgomery), Watts, Knight, " Willett, Kyle, • Williams (Marengo). Long (Walker), The President declared the motion adopted. Mr. Cnnningham moved that the assigning of seats be made the special order immediately after reading the Journal on to-morrow, the assignment to be in ac- cordance with tlie resolution heretofore adopted. This motion prevailed. On motion of Mr. Proctor, the Convention adjourned at 1:10 p. m. until 11 a. m. on to-morrow. THIRD DAY. Convention Hall. Montgomery, Ala., Thursday, May 23, 1901. The Convention met pursuant to adjournment. Prayer was offered by Rev. A. L. Andrews of the city. ROLL call. On a call of the roll of the Convention the follow- ing delegates answered to their names : Constitutional Convention. 27 Messrs. President, Almon, Altman, Aslicraft, Banks, Barefield, Bartlett, Beavers, Beddow, Betliiine, Blackwell, Boone, Brooks, Browne, Bulger, Burnett, Burns, Byars, Cardou, Carmicliael ( Colbert ) Carmichael ( Coffee) , Carnatlion, Case, Chapman, Cobb, Cofer, Col eman ( Greene ) , Coleman (Walker), Cornwell, Craig, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, deCraffenried, Duke, Eley, Evster, Espy, Ferguson, Pitts, Fletcher, Foshee, Foster, Freeman, Oilmore, Glover, Graham ( Montgomery ) , Graham (Talladega), Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hinson, Hodges, Hood, Howell, Howze, Inge, Jackson, pTenkins, Jones (Bibb), Jones (Hale), Jones (^Montgomery), Jones (Wilcox), King, Ki rk, Kirkland, Knight, Kyle, Ledbetter, Leigh, Locklin, Lomax, Long (Butler), Long (Walker), 28 Journal of Alabama Lowe (^ Jefferson), Lowe ( Lawrence ) , Macdonald, McMillan ( Baldwin ) , McMillan (Wilcox), Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Morrisette, Mulkey, Murphree, NeSmith, Norwood, Oates, O'Neal ( Lauderdale ) , O'Neill (Jefferson), Opp, O'Rear, Palmer, Parker ( Cullman ) , Pai-ker (Elmore), Pearce, Pettus, Phillips, Pillans, Pitts, Porter, Proctor, Reese, Reynolds (Chilton), Reynolds ( Henry ) , Robinson, Rogers (Sumter), Samford, Sanders, Sanford, Searcy, Selheimer, Sentell, Sloan, Smith (Mobile), Smith, Mac, A., Smith, Morgan M.,, Sollie, Sorrell, Spears, Spragins, Stewart, Studdard, Tayloe, Thompson, Vaughan, Waddell, Walker, Watts, Weakley, "N^'eatherlv, White, Whiteside, Willett, Williams (Marengo), Wilson (Clarke), Wilson (Washington) Winn. A quorum was present, one hundred and fort3'-nine delegates having answered to their names. JOURNAL. The Journal of yesterday was read and approved.. Constitutional Convention. 29 Oil motion of Mr. Harrison, the reading of tlie ad- dress of Hon. John B. Knox on accepting the Presi- denc}^ of the Convention, was dispensed with. RESOLUTIONS. Mr. Thompson offered the following resolntion : ''Kesolved, Tliat in tlie draAving about to talvc place, if any delegate be absent, his colleague, if there be one present from such county, shall have the right to select a seat for such absent member. If there is no delegate present from such county, then the Secretary of this Convention shall select a seat for such absent delegate or delegates." The rules were suspended, and the resolution was adopted. Mr. Weatherly ottered the following resolution : "Resolved, That Hon. W. C. Gates, Hon. Thos. G. Jones, Hon. T. W. Coleman, Hon. K. W. Walker, Hon. Dabney Palmer, Hon. John F. Burns, Hon. Joel D. Murphree, and Hon. George P. Harrison be allowed to select their seats before the commencement of drawing for seats." The rules were suspended, and the resolution was adopted. question of privilege. Mr. Case arose to a question of personal privilege, and proceeded to state his question of privilege. Mr. Lowe, of Jefferson, raised the point of order that Mr. Case was not speaking to a question of personal privilege, and that he (Mr. Case) was out of order. The Chair sustained Mr. Lowe's point of order. Mr. Case appealed from the decision of the Chair. The appeal was not sustained. REGULAR ORDER. !Mr. Reese demanded the regular order of business, which was the drawing of seats, under the resolution adopted on yesterday, as follows: 30 Journal of Alabama "That in order to equitably assign delegates seats in this Convention, the names of all the delegates be placed in a hat, that one of the pages be blindfolded, and draw one at a time the names from the hat, and that the Secretary immediately read the name so drawn, and that the party Avhose name is so read at once select his seat, and after all the seats are so drawn delegates- shall have the right to exchange seats, if they desire." ASSIGNMENT OF SEATS, Under the above resolution, the President ordered the Secretary to proceed witli the drawing of seats. Master Joe King was thereupon blindfolded and the names of all the delegates having been placed in the hat, he proceeded to draw therefrom, one at a time, the said names, and the delegates ordered seated. APPOINTMENT OF COMMITTEES. The President appointed the following committee,, under resolution which was adopted on yesterday : ''IJesolved, That a comnuttee of three be appointed by the Chair to wait on the clergymen of this city and to invite them to lead religious services at the opening of the morning session of this body." Com:mittee — Messrs. Howell, AVatts, Blackwell. Also, under the resolution adopted yesterda}- : "Resolved, That a special committee of nine members be appointed by the Chair to take into consideration the advisability of contracting with an expert stenogra- pher to report the proceedings of this Convention in full, and the necessary cost thereof, and report the same to the Convention at the beginning of to-morrow's ses- sion." Committee — Messrs. W. C. Oates, Henry Pillans, A. H. Merrill, Cecil Brown, J. Mauley Foster, O. K. Hood, John T. Ashcraft, James Weatherly. Also, under the resolution adopted yesterda.y : "Resolved, That the President appoint a Committee on Rules of nine members, of which the President shall be chairman, to report the number of subordinate offi- cers, the manner of their selection, and their duties, the Constitutional Convention, 31 order of business, and the rules for the government of this Convention." Committee — Messrs. Knox, Smith (of Mobile), Cun- ningham, Lomax, Harrison, O'Neal (of Lauderdale), deGraffenried, Browne, J. Thomas Heflin. resolutions. Mr. O'Neal, of Lauderdale, offered the following reso- lution : "Kesolved, That the privileges of the Convention be extended to General Joseph Wheeler, and that he be in- vited to a seat on the floor." Mr. Lowe, of Jefferson, moved to table the resolution offered by Mr. O'Neal. The motion was lost. Mr. Cunningham raised the point of order that under the rules the resolution should go to the Committee on Eules. The point of order was sustained. Mr. O'Neal, of Lauderdale, moved that the rules be- suspeuded, and that the resolution be adopted. Mr. Lowe, of Jefferson, offered the following amend- ment: "And that all members and ex-members of Congress be admitted to the floor." Mr. Bulger moved that the amendment oft'ered by Mr. Lowe, of Jefferson, be tabled, and the motion to table prevailed. The question recurred on the motion of Mr. O'Neal, of Lauderdale, to suspend the rules, and adopt tlie reso- lution, and the motion prevailed. notice of reconsideration of vote. Mr. Lowe, of Jefferson, gave notice that at the proper time on to-morrow, he would move a reconsideration of the vote by which the resolution extending the privi- leges of the floor to General Joseph Wheeler w^as adopted. Mr. Rogers, of Low^ndes, offered the following reso- lution : •32 Journal of Alabama "Resolved, That this Convention adjourn every day at 1 o'clock p. m." The resolution was referred to the Committee on Rules. Mr. Bulger offered the following resolution : "That, whereas, Hon. John B, Knox, the distinguish- ed President of this Convention, at the beginning of the permanent organization, delivered a most able and patriotic address, outlining our plans, policies and duties, looking to the framing of a Constitution of our State ; "Therefore, it be resolved that the Secretary of the Convention be, and is herel)y directed to have printed five thousand copies of the address for the use of the members of the Convention.'' The resolution was referred to the Committee on Rules. Mr. Oates offered the following resolution : That in order to expedite the business of this Con- vention, the President be authorized to appoint fifteen standing committees as follows, to-wit : First, a Committee on Bill of Right, of eleven mem- bers. Second, a Committee on State and County Bounda- ries of eleven members. Third, a Committee on Legislative Department, of fifteen members. Fourth, a Committee on Judicial Department, fifteen members. Fifth, a Committee on Executive Department, fifteen members. Sixth, a Committee on Suffrage and Elections of i:wenty-five members. Seventh, a Committee on Representation of fifteen members. Eighth, a Committee on Taxation, fifteen members. Ninth, a Committee on Education, fifteen members. Tenth, a Committee on Railroads and Canals, and Private Corporations, fifteen members. Eleventh, a Committee on ^lilitia, Banks and Bank- ing and Exempted Property, of thirteen members. Constitutional Convention. 33 Twelfth, a Committee on Oath of Office, Miscellane- ous Provisions, and Mode of Amending the Constitu- tion, of thirteen members. Thirteenth, a Committee on the Schedule to the Con- stitution, and upon the Mileage and Pay of Delegates, and Incidental Expenditures, of nine members. Fourteenth, a Committee on Kules, and Order of Busi- ness, of nine members, of which the President of the Convention shall be Chairman, Fifteenth, a Committee on the Order, Consistency and Harmony of the Whole Constitution, to consist of the chairman of the first thirteen committees above mentioned. The resolution was referred to the Committee on Rules. RECESS. Mr. Smith, of Mobile, moved that the Convention take a recess of twenty minutes for the purpose of allowing the Committee on l\ules to meet, and the motion pre- vailed. REPORT OF THE COMMITTEE ON RULES. Mr. Knox, Chairman of the Committee on Rules, sub- mitted the following partial report : We, the Committee on Rules, beg leave to submit the following partial report: We recommend — First — That the sub-ordinance officers shall be as fol- lows : Ten pages, two messengers, one gallery doorkeep- er, one enrolling and engrossing clerk, to be appointed by the President of the Convention. Second — The Secretary may, from time to time, with the approval of the President, appoint such additional clerical assistance as may be necessary. Third — The following shall constitute the standing committees of the Convention : (1) Rules, of which the President shall be Chair- man to be composed of nine members, and which shall have the right to report at any time. 3 34 Journal of Alabama (2) Judiciary^ to be composed of twentT-five mem- bers. (3) A Committee on the Order, Consistency and Harmony of the Whole Convention, to be composed of twenty-five members. (4) A Committee on Suffrage and Election, to be composed of twenty-five members. (5) A Committee on Legislative Departments, to be comjxjsed of nineteen members. (6) A Committee on Local Legislation, to be com- posed of nineteen members. (7) A Committee on Education, to be composed of nineteen members. (8) A Committee on Taxation, to be composed of nineteen members. (9) A Committee on Executive Departments, to be composed of fifteen members, (10) A Committee on Preamble and Declaration of Eights, to be composed of fifteen members. (11) A Committee on Corporations, composed of fifteen members. (12) A Committee on Representation, composed of fifteen members. (13) A Committee on Exemptions, to be comiwsed of fifteen members. (11) A Committee on Militia, to be composed of fifteen members. (15) A C(mimittee on Banks and Banking, to be composed of fifteen members. (16) A Committee on Municipal Corporations, to be composed of fifteen members. (17) A Ccmimittee on vState and County Boundar- ies, to be composed of fifteen members. (18) A Committee on Impeachments, to be com- posed of fifteen members. (19) A Committee on Amending the Constitution, and Miscellaneous Provisions, composed of fifteen members. (20) A Committee on the Journal, composed of five members. Constitutional Convention. 35 (21) A Committee oii Schedules, Printing and Mis- cellaneous Expenses, to be composed of nine members. Fourth — A majorit}'' of each committee shall consti- tute a quorum. Fifth — All committees shall be appointed by the President. Sixth — The following committees shall be entitled to a clerk each, to be appointed by the chairman thereof respectivel}", whenever, in the opinion of the chairman of either of the said committees, it may be necessary : Rules, Judiciary, Order, Consistency and Harmony of the Constitution, Suffrage and Elections, Education, and Corporations. Seventh — It shall be the dut^^ of the pages when the Convention is not in session and when directed by the President, to serve the committees. The report of the committee was adopted. RESOLUTION. Mr. Rogers, of Sumter, offered the following resolu- tion : Resolved, That the Secretary of this Convention pro- cure and have printed, in consolidated form, for the use of its members, five hundred copies of these sections, re- lating to suffrage in the Constitutions of tlie following States : Connecticut, Massachusetts, Maryland, Pennsylvania, North and South Carolina, Mississippi, Louisiana, Cali- fornia and Utah. The resolution was referred to the Committee on Rules. APPOINTMENT OP PAGES AND MESSENGERS. The President announced the appointment of the fol- lowing pages and messengers: Pages — Master Henry Long, Master Eyster, Master Reese, Master Prowell, Master Gaston, Master Tutwiler, Master Wilson, Master Driver, Master West, Master Alley. 36 Journal of Alabama Messengers — Master Joseph King, Master M. J. Bulger. APPOINTMENT OF ENGROSSING AND ENROLLING CLERK. The President announced, the appointment of Mrs. L. W. Francis, of Jefferson, as engrossing and enrolling clerk. APPOINTMENT OF DOORKEEPER OF THE GALLERY. The President announced the appointment of W. H. Manghan, of Calhoun, as doorkeeper of the gallery. SEATS AND DESKS. On motion of Mr. deGraffenreid, the doorkeeper of the Contention was instructed to procure seats and desks for such delegates as had failed to secure them bv the drawing. ADJOURNMENT. On motion of Mr. deGraffenreid, the Convention ad- journed until 11 o'clock to-morrow morning. FOURTH DAY. Convention Hall. Montgomery, Ala., Friday, May 24, 1901. The Convention met pursuant to adjournment. Prayer was offered by Rev. A. L. Andrews of the city. ROLL CALL. On a call of the roll of the Convention the follow- ing delegates answered to their names: Constitutional Convention. 37 Messrs. President, Altmau, Ashcraft, Banks, Barefleld, Bartlett, Beavers, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Bulger, Burnett, Byars, Carmichael ( Colbert ) , Carmicliael ( Coffee ) , Carnatlion, Case, Chapman, Cobb, Coleman (Greene), Coleman ( Walker ) , Cornwell, Craig, Canningham, Gofer, Davis (DeKalb), Davis (Etowah), Dent, Duke, Eyster, Espy, Ferguson, Fitts, Fletcher, Foshee, Foster, Freeman, Gilmore, Glover, Graham (Montgomery),. Graham (Talladega), Grant, Grayson, Greer ( Calhoun ) ,. Greer (Perrj^), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hinson, Hodges, Hood, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Hale), pTones ( Montgomery^) , Jones (Wilcox), Kirk, Kirkland, Knight, Ledbetter, Leigh, Lomax, Long (Butler), Long (Walker), Lowe (Jefferson), McMillan (Baldwin),, McMillan (Wilcox), ]Malone, :\rartin, ^Maxwell, iMerrill, 31] Her (Marengo), Miller (Wilcox), 38 Journal of Alabama Moody, Morrisette, Mulkey, Murpliree, NeSmith, Norman, Norwood, Gates, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pettns, Phillips, Pillans, Pitts, Porter, Proctor, Keese, Eenfro, Eeynolds (Chilton), Reynolds (Henry), Robinson, Rogers ( Lowndes ) , Rogers (Sumter), Samford, Sanders, San ford, Searcy, Selheimer, Sentell, Sloan, Smith, Mae. A , Smith, Morgan M., Sollie, Sorrel 1, Spears, Spragius, Stewart, Studdard, Tayloe, Thompson, Vaughan, Waddell, Walker, Watts, Weakley, Weatherly, White, Whiteside, Williams (Marengo), Williams (Elmore), Wilson (Clarke), Wilson ( Washington) Winn. A quorum was present, one hundred and forty dele- gates having answered to their names. .JOURNAL. The Journal of yesterday was read and approved. LEAVE OF ARSENCE. Leave of absence was granted as follows : To Messrs. Almon and Lowe, for to-day and to-mor- row; to Mr. ]\r;icdonald for to-day; to "Sir. Merrill, for to-dav. Constitutional Convention. 39 resolutions. Mr. Watts offered the following resolution : Be it resolved, That with the exception of delegates, officers and employees of this Convention, newspaper reporters, and those especially invited, no one shall be permitted on the floor of the Convention, and the door- keeper is hereby instructed to enforce this resolution. The resolution was referred to the Committee on Rules. Mr. Jackson offered the following resolution: Resolved, That 500 copies of the platform adopted by the State Democratic Convention of Alabama, on April 19, 1901, be printed and be placed on the desks of the members of this Convention. The resolution v^^as referred to the Committee on Rules. Mr. Long, of Walker, offered the following resolution : Resolved, That 500 copies of the present Constitu- tion of the State of Alabama, as annotated in the Code of Laws of Alabama, be printed in pamphlet form, for the use of the members of this Convention. The resolution was referred to the Committee on Rules. Mr. Reese offered the following resolution : Whereas, more than nine-tenths of the members of this Convention have, prior to their election, pledged the people of Alabama, that no new Constitution would be adopted without first submitting the same to the people for ratification; now, therefore, be it Resolved, That it is the sense of this Convention that such Constitution as may be adopted by this Conven- tion, shall be submitted to the qualified voters of Ala- bama for ratification. Mr. Reese moved that the rules be suspended and that the resolution be put upon its passage. Mr. Watts moved to strike out the preamble of the resolution. Mr. Reese, by unanimous consent, agreed to the mo- tion of Mr. Watts, and the resolution, as amended, read as follows: 40 Journal of Alabama Be it resolved, that it is the sense of this Convention that such Constitution as may be adopted b}' this Con- vention, shall be submitted to the qualified voters of Alabama for ratification. Mr. Lomax offered the following substitute for the resolution offered b}^ Mr. lleese : Eesolved, That it is the sense of this Convention that all the pledges of the Democratic party made in the platform adopted in April, 1901, that ''that the Con- stitution adopted by this Convention shall be submitted to the people,'' shall be carried out and fulfilled. Mr. Brooks demanded the previous question, and resolution, which was ordered. Mr. Walker moved to table the substitute offered by Mr. Lomax, and the motion prevailed. The question recurred on the motion of Mr. Reese on a suspension of the rules and passage of the resolution. ]Mr. Cunningham demanded a yea and nay vote. The rules were suspended, and the resolution was adopted, yeas, 145; nays, 0. YEAS. Messrs. President, Altman, Ashcraft, Banks, Barefield, Bartlett, Beavers, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Bulger, Burnett, Burns, Byars, Cardon, Carmichael ( Colbert) ^ Carmichael ( Coffee) , Carnathon, Case, Chapman, Cobb, T'ofer, ^'oh^nmn (Greene), Coleman ( Walker ) ^ Corn well, Craig, CiiTiningham, Davis (DeKalb), Davis (Etowah), Dent, Duke, Espy, . Eyster, Constitutional Convention.. 41' Ferguscn, Fitts, Fletcher, Foshee, Foster, Freeman, Gilmore, Glover, Graham ( Montgomery ) , Graham (Talladega), Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Hefl'in (Chambers), Heflin (Randolph), Henderson, Hinson, Hodges, Hood, Howell, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), Kirk, Kirkland, Knight, Ledbetter, Leigh, Locklin, Lomax, Long (Butler), Long (Walker), McMillan (Baldwin), McMillan (Wilcox), Maloue, Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Morrisette, Mulkey, Mnrphree, NeSmith, Norman, Norwood, Gates, O'Neal ( Lauderdale ) , O'Neill (JefPerson), Opp, O'Kear, Palmer, Parker ( Cullman ) , Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Pitts, Porter, Procto", Reese, Renfro, Reynolds (Chilton),, Reynolds ( Henry ) , Robinson, Rogers (Lowndes), Rogers (Sumter), Sam ford, Sanders, Sanford, Searcy, 42 Journal of Alai'.ama ; Selheimer, Vaiiiihau, Sentell, Waddell, Sloan, Walker, Smith (Mobile), Watts, Smith, Mac. A., Weakley, Smith, Morgan M., Weatherlv, Sollie, " White, Sorrell, Whiteside, Spears, Williams (Marengo), Spragins, Williams (Elmore), Stewart, Wilson (Clarke), Studdard, Wilson (Washington). Tajloe, Winn. Thompson, Mr. Harrison offered the following resolution : Eesolved, That when this Convention adjourn to-day it adjourn to meet at 12 o'clock on Monday next. Mr. Harrison moved that the rules be suspended and that the resolution be put on its immediate passage. Mr. Cunningham raised the point of order that the resolution was a privileged resolution, and did not re- quire a suspension of the rules. The Chair sustained the point of order, and the reso- lution was adopted. PRIVILEGES OP THE FLOOR. Mr. Gates moved that the privileges of the floor be ■extended to the Hon. E. W. Pettus. Mr. O'Neil, of Jefferson, moved to amend the motion of Mr. Gates by including the Hon. John T. Morgan. The amendment was accepted, and the motion was unanimously adopted. RESOLUTIONS. Mr. Pettus offered the following resolution : Be it resolved, That in its action this Convention ■shall adhere and be governed by the act of the General Assembly, approved December 11, 1900, providing for Constitutional Convention. 43 the lioldiiig of this Couvention, The resolution . was referred to the ' Committee on Kules. KEPORT OF SPECIAL COMMITTEE. Your committee to inquire into the desirability, practicability and probable cost of obtaining a full and accurate stenographic report of the proceedings of this Convention, make the following report : We called before us the stenographers applying for the contract, and received from them such information touching said work as was obtainable. Mr. McGauly submitted the folloAving proposition, to-wit : Montgomery, Ala., May 21, 1901. Alahaina Const it at tonal Convention, Montgomery^ Ala. Gentlemen — I would respectfuly submit the follow- ing proposition: I will undertake to furnisli an accurate verbatim stenographic report of each day's proceedings of the ■Constitutional Convention, and deliver one thousand (1,000) printed copies thereof, to the Secretary of the Convention by 9 o'clock on the morning of each days succeeding that on which such proceedings were had, for the sum of seventy dollars (flO.OO) per diem, for whatever number of days the Convention may remain in session. Should the Convention not convene on any clay, i. e., Sundays and recess days, no per diem charge to be made. In consideration of the per diem compensation quoted above, I will undertake to associate with me a sufficient number of skilled and experienced stenographers, men in every way competent to perform this class of work, who will act in relays — succeeding each other at short intervals throughout the session; (2) a staff of type- writers to whom the stenographers will dictate their notes; (3) reliable and responsible printers with ample 44 Journal of Alabama facilities to print and fiirnisli 1,000 copies of the pro- ceedings each morning by 9 o'clock. Very respectfully, Pat McGauly. Messrs. Hoffman & May submitted the following proposition, to-wit : Montgomery, Ala., May 23, 1901. To the Committee having in charge the question of steuographically reporting the proceedings of the Con- vention, etc. Gentlemen of the Committee — We beg to submit for your consideration two plans upon which we propose to report the proceedings. We are informed by The Advertiser that he will print daily, in a separate supplement to his newspaper, the full proceedings of the day before for the sum of |25 per day, and we are authorized to make the proposi- tion to this committee as coming from him. He will furnish to the Convention for this sum 200 copies of the supplement free of charge. If it is desired to have this done, we will begin deliv- ering copy to him at 1 o'clock each day, and thereafter, ■with sufficient rapidity, copy will be delivered to him to keep the printers busy and enable them to have the same printed in the morning paper. We will do this for |2,500 for the first thirty working days of the Con- vention. Should the session of the Convention extend beyond that time, we will perform the same work dur- ing tlie additional time over thirty days for the sum of f 125 per week or fraction thereof. Should it not be desired to print these proceedings daily as above outlined, we will report the proceedings and lay on the tal)le of the Secretary each morning a complete and accurate report of the previous day's ses- sion for |2,250.00 for the first thirty working days of the session, and |350 per week or fraction thereof in excess of that time. As there are others seeking this contract, and as the work will not be of anv service to the Convention or Constitutional Convention. 45 State unless absolutely accurate, we are willing to submit to the following test : Let our corps of reporters and the corps of any other applicant or applicants take the proceedings on any day named hj the committee, and then let the committee order both corps to trans- cribe the proceedings, or to come before the committee and read from shorthand whatever may be desired and let the contract be awarded the corps showing the greatest facility in reading or making the best trans- cript, as the case may be. We wish to assure the committee that we have a corps of reporters whose ability to do this work cannot be (luestioned, and we are so well satisfied ourselves on this point that we will gladly submit to the severe test of abilitj' above proposed, if it is required. We are ready to name our corps of reporters to the <:-oniniittee, and would suggest the advisability of hav- ing other applicants do the same, that the committee may judge as to whether any particular corps can or cannot do the work in a satisfactory manner. If either of these propositions is accepted, we request the committee to recommend the appointment of F. O. Hoffman of Mobile and E. L. May of Montgomery, jointly, as the official stenographers of this Convention. llespectfuUy submitted, Francis O. Hoffman^ E. L. May. The last proposition, including the printing, would amount in the aggregate to |3,100.00 per month of twenty-six working days, or for thirty days as set forth therein. The proposition of Mr. McCfauly for the same length of time, or twenty-six days, would cost |1,820.00. No test was made by the committee as to the capacity and efficiency of the bidders, "as we had no opportunity in our limited time, but presuming that each of them Avere capable, and to fix their responsibility for doing the work accurately, we recommend that the successful bidder be required to give a bond, payable to the State of Alabama, to be approved by the President of this 46 Journal of Alabama CouveutioD, iu the sum of |1,500.00, and conditioned that lie perform his duties as such reporter, according^ to the terms of his contract. Your committee recommend a full and complete re- port of the proceedinauly to comply with his said contract shall be deemed a breach of said bond. Your committee ask the adoption of this report, and that they be discharged. Wm. C. Gates. minority report. Mr. Ashcraft, of the special committee, offered the following minority report : Mr. Pi-f.sidcnt, and (renfleinen of the Convention: The undersigned, member of the special committee appointed to consider the propriety and expense of a stenographic report of all the proceedings of this Con- vention, feels constrained to dissent from the opinion of the majority, and begs leave to submit the following minority report: The Journals of this Convention will contain a full record of all its otticial proceeding.-!. The stenographic report will contain, in addition to these proceedings, a full report of all speeches and dehates. The majority Constitutional Convention. 47 claimed three advantages for a report of these si3eeches and debates : First — It is claimed that they will throw great light in the future, upon the true interpretation of the Con- stitution. I can not concur in this view. We and those who are to come after us, will 3'et be wiser than we are now. We will write a new Constitution with patriotic purposes, based upon the highest reasons within our grasp, and make the noblest uses of it we can. Here- after the same patriotism, in the light of new and hap- pier experiences, will find higher reasons for our ac- tion, and nobler uses for our work. When this work is tested before the Supreme Court of the United States, we do not want that body to search for light amid the impassioned darkness of the debates on the Fourteenth and Fifteenth Amendments. Nor will we want it. judged by the bitterness which the sense of our ever pressing injury will be sure to infect our debates. We are going to approach right conclusions, but we will sometimes be driven from the straight course by the irresistible storm. Second — It is claimed by the majority that the publi- cation of the speeches and debates will be of great value in educating our people to the needs of a new Constitu- tion and the reasons for the particular form it shall take. I do not believe it Will possess this value. The press of this State is in favor of this movement, and, if we give good reasons for our course, those reasons will be promulgated and given the widest circulation by our patriotic editors. If we give bad reasons, they will be charitably censored, and the evil influence restrained. Again, the great questions before the Convention will be chiefly determined before the committees, and it is urged by some that the main question we are here to determine should be considered in executive session. While I do not commit myself to this proposition, I mention it to show the anxiety felt as to the nature of the arguments which may be advanced. Third — The majority claim that a knowledge of the fact that every word is to be recorded will lend dignity and solemnity to the discussions. This does not com- 48 JouENAL OF Alabama port with my limited observations of men. If there are any who are rash or lightminded, they are, of all per- sons, least conscious of that fact, and lig'htly rush in, while those who are conservative and conscious of the weight of responsibility, hesitate. I believe this full report will repress discussion by this latter class, .and will increase it by the former class; if any such are members of this Convention. While I am satisfied that the arrangement planned by the committee is the most advantageous which can be had, I do not believe the proposed investment is the best use that can be made of the money for the good of •the people. With the profoundest regret, I am, for the reasons briefly stated above, compelled to differ from the able and patriotic gentlemen who compose the majority, and to report that I do not believe it is expedient for this Convention to cause a stenographic report of its pro- ceedings to be made, and to incur the expense thereof. John T. x\shcraft. Member of the Committee. Mr. Ashcraft moved to substitute the minority re- port for the majority report. Mr. Cobb moved that the further consideration of the report of the committee go over until Monday, and that it be made a special order, on that day immediately after the reading of the Journal. The motion was lost. Mr. Gates demanded the previous question on the motion of Mr. Ashcraft to substitute the minority re- port for the majority report. The ayes and nays were demanded. The motion was lost, yeas, 60; nays, 80. yeas. Messrs. Ashcraft, Bulger, Barefield, Burns, Beavers, Byars, Beddow, Carmichael (Colbert), Boone, Carnathon, Constitutional Convention. 49 CJase, diapman, Cobb, Cofer, Coleman (Greene), Coleman (Walker), Davis (DeKalb), Duke, Fitts, Fletcher, Glover, Gra3^son, H^ley, Heflln (Chambers), Heflin (Randolph), Hodges, Howze, Inge, Jackson, Kirk, Kirkland, Ledbetter, Locklin, Xiong (Butler), Long (Walker), McMillan (Wilcox), Malone, Maxwell, Miller (Marengo), Moody, Mulkey, Norwood, Opp, Parker (Elmore), Pearce, Pettus, Phillips, Proctor, Reynolds (Henry), Robinson, Rogers (Lowndes), Samford, Smith, Mac, A., Smith, Morgan M., Sorrell, Spragins, ^"N'alker, ^A>akley, Williams ( Marengo ) , Wilson (Clarke). 2s AYS. Messrs. President, Altman, JBanks, Bethune, Blackwell, Brooks, I5rowne, Burnett, Cardon, Carmichael (Coffee), Cornwell, Cunningham, Davis (Etowah), 4 Dent, Espy, Ferguson, Foshee, Foster, Freeman, Gilmore, Graham ( Montgomery ) , Graham (Talladega), Grant, Greer (Calhoun), Greer (Perry), Handley^ 50 Journal of Alabama Harrison, Henderson, Hinson, Hood, Howell, Jenkins, Jones (Bibb), Jones (Hale), Jones ( Montgomery ) ^ Jones (Wilcox), Knight, i^eigh, Lomax, Lowe (Jefferson), McMillan ( Bakhvin ) , Martin, Merrill, Miller (Wilcox), ? Morrisette, ]Mnrphree, NeSmitli, Norman, Gates, O'Neal (Lauderdale), O'Neill (Jefferson), O'Eear, Palmer, Parker (Cullman),. Pillans, Pitts, Porter, Kenfro, Bevnolds (Chilton),. Ixogers (Sumter), Sanders, Sauford, Searcy, Selheimer, Sentell, Sloan, Smith (Mobile), Sol lie, Spears, Stewart, Studdard, Thompson, Vaughan, Waddell, AVatts, Weatherlv, White, Whiteside, Wi ls( tn ( Washington ) Winn. CHANGE OF VOTE. Air. Greer, of Calhoun, changed his vote from aye to no for the purpose of moving a reconsideration of the vote. PAIRS ANNOUNCED. Afr. Eyster announced that he was paired with the delegate from Perry, Mr. Tayloe, if Mr. Tayloe was present he would vote aye, and. Air. Eyster would vote- no. • Constitutional Convention. 51 reconsideration of vote. Mr. Browne moved to reconsider the vote by which the minority report was k)st, and to lay that motion on the table. The motion prevailed. ADOPTION OF MAJORITY REPORT. Mr. 'Gates moved that the majority report of the spe- cial committee be adopted, and the motion prevailed. Mr. Long, of Walker, offered a substitute for the majority report. The substitute was ruled out of order. RESOLUTIONS. Mr. Eyster offered the following resolution, by re- quest : Resolved, That in order to test the accuracy of any report that nmy be made of the proceedings of this Convention, the following tests shall be had : 1. That said reporter or reporters who may be em- ployed to do this work, shall be required on to-morrow morning to furnish a transcript of the proceedings this day had, or such other day as the Convention shall re- quire, and the reporter or reporters furnishing the best transcript shall be awarded the work. 2. That said reporter or reporters shall be called upon to read their notes on the floor of the Convention when occasion requires, and the reporter or reporters reading their notes most fluently and satisfactorily shall be awarded the work. 3. That the Rules Committee, when said Convention is not in session, shall call said reporters before them and request a reading of any part of their notes, and those reporters reading them most satisfactory shall be awarded the work. Resolved further, that the Rules Committee may adopt any other mode of testing this question that they may see fit. Resolved further, that no steps shall be taken to make permanent arrangements with regard to this work until some one of the above tests have been made. 62 Journal of Alabama Resolved further, that the price shall meet with the approval of the ConveDtion before any work of this character shall be authorized. Mr. Sanford raised the point of order that the reso- lution was out of order, in that the majority report of the committee, which had been adopted, authorized a contract with a competent stenographer therein carried, thereby rendering a test unnecessary. The point of order was sustained, and the resolution was ruled out of order. ADJOURNMENT. On motion of Mr. Long, of Butler, the Convention adjourned until 12 o'clock m. Monday. FIFTH DAY. Convention Hall. Montgomery, Ala., Monday, May 27, 1901. The Convention met pursuant to adjournment. Prayer was offered by Rev. Neal Anderson of the city. ROLL call. On a call of the roll of the Convention the follow- ing delegates answered to their names: Messrs. President, Blackwell, Almon, Boone, Altman, Brooks, Banks, Browne, Barefield, Bulger, Bartlett, Burnett, Beddow, Burns, Bethune, Byars, Constitutional Con v ention. 53 Cardon, Carmiclmel ( Colbert ) , Carmichael ( Coffee) , Carnathon, Case, Chapman, Coleman (Greene), Coleman (Walker), . Cornwell, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, deGi-affenried, Eley, Eyster, Espy, Ferguson, Fitts, Fletcher, Foshee, Foster, Freeman, Gilmore, Glover, Graham ( Montgomery ) , Graham ( Talladega ) , Grant, Grayson, Greer (Calhoun), Handley, Harrison, Henderson, Hinson, Hodges, Hood, Howell, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Hale), J(mes ( Montgomery ) , Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Leigh, Lomax, Long (Butler), Lowe ( Lawrence ) , Macdonald, McMillan (Wilcox), Malone, Martin, Miller (Marengo), Miller (Wilcox), Moody, ^lorrisette, Mulkey, NeSniith, Norman, Norwood, Gates, O'Neal ( Lauderdale ) , O'Neill (Jefferson), OpD, O'Rear, Palmer, Parker (Elmore), Pettus, Phillips, Pillans, Pitts, Porter, Proctor, Reesp, Renfro, Reynolds (Chilton), Reynolds (Henry), 54 Journal of Alabama Rogers (Lowndes) Rogers (Sumter), Sam ford, SanfoiNi, Searcy, Selheimer, Sentell, Sloan, Smith (Mobile), Smitli, Mao. A., Smith, Morgan M. Sollie, Spears, Spragins, Stewart, Studdard, Tavloe, Thompson, Vaughan, ^Valker, Watts, A\'eakley, Weatherlv, Wliite, AVhiteside, ^Villiams ( Barbour ) , Williams (Marengo), ^Villiams (Elmore), AVilson (Clarke), Winn, A quorum was present, one hundred and twenty- eight delegates having answered to their names. LEAVES OF ABSENCE. Was granted to Messrs. Ledbetter, Sanders, Craig, Ashcraft, Parker of Cullman, Greer of Perry, and Wad- dell for to-day; to Messrs. Long of Walker, Locklin, Cofer, Haley and Pearee for to-day and to-morrow; to Messrs. Harrison and lienfroe for three davs. .JOURNAL. On motion of 'Sir. Pettus the reading of the Journal was dispensed with, and the same was referred to the Committee on the Journal. REPORT OF THE COMMITTEE ON RULES. Mr. Knox, cliairman of the Committee on Rules, sub- mitted tlie following report : Constitutional Convention. 55 EULES OF THE CONSTITUTIONAL CONVENTION 1901. DUTIES AND RIGHTS OF THE PRESIDENT. Opeiiiiif/ of DaUji Sessions. Rnle 1. — The President shall take the chair every day at the hour fixed on the preceding adjournment; shall immediately call the deleoates to order, and proceed with the regular order of business. Order; Dis-ciissioii of Points of; Appeals Therefrom. Rule 2. — He shall preserve order and decorum; may speak to points of order in i)reference to other dele- gates, rising from his chair for that purpose. He shall decide questions of order, subject to an appeal to the Convention, at the request of any delegate; which ap- peal shall be decided without debate, except that the delegate taking the appeal, or any other delegate to whom he may yield, nuiy speak to the appeal not exceed- ing five minutes. An appeal shall not l)e put to the Convention unless it is seconded. Questions, Hoir Put and Decided. Rule 3. — He shall rise to put a question, l)ut may state it sitting. All questions shall be distinctly put in tbis form, viz.: "Those in favor of (as the question may be) say aye," and after the affirmative vote is ex- pressed "those opposed to the motion say no." If the President doubts, or a division is called for before a de- cision is announced, thev shall divide. Those in the affirmative of tlie question shall rise from their seats; and afterwards those in the negative. The President sball then state the decision of the Convention. 3Iai/ suhstitute temporary President. Rule 4. — He shall have a right to name anv delegate to perform the duties of the Chair, but such substitu- tion shall not extend beyond an adjournment. 56 Journal of Alabama Calendar. KuLE 5. — The President shall, Avhenever he deems it necessary for the speedy dispatch of business, order the calendar printed for the use of delegates. Signature of President, Etc.; to What Required. Rule 6. — All ordinances which have been finally acted upon by the Convention, shall be signed by the Presi- dent, and all other acts of the Convention, except reso- lutions, which it may become necessary to reduce to- writing, shall l)e evidenced by the signature of the Presi- dent, attested by the Secretary, OFFICERS OTHER THAN PRESIDENT. Officers and Employes; Terms of. Rule 7. — All officers and employes appointed or elect- ed by the Convention, shall hold their offices at the pleasure of the Convention only, and the clerks of com- mittees at the pleasure of the committee for which they were appointed. Journal; Endorscmoit of Resolutions, Ect.; Documents. Rule 8. — The Secretary shall keep a correct journal of the proceedings of the Convention in a well-bound book, to be provided for that purpose, and shall read the same daily to the Convention, if required. He shall be responsible to the Convention for the accuracy of the journal, and for the faithful and prompt execution of the work ordered by the Convention. He shall en- dorse all resolutions and orders proper to be endorsed; he shall keep in his charge all documents in the custody of the Convention, and keep them in order, and shall perform such other duties as may lie required by the Convention. Register of Ordinances. Ri'LE 0. — The Secretary shall keep a register of ordi- nances, which shall show the titTe of each ordinance in the order in which it was introduced, and the several Constitutional Convention. 57 actions of the Convention shall be noted, with the date of the action, immediateh' below the title. He shall keep an index to the register, arranged according to the names of the delegates, and also the subject matter of the ordinances. Scrgea nt-at-Arms ; Door-Kecper. R.ULE 10. — The door-keeper shall perform the duties of Sergeant-at-Arms. He shall execute the orders of the President and of the Convention. He shall keep in order the hall. He shall keep the door of the hall, and perform such other duties as may be required of him. RULES OF DECORUM AND DEBATE. Delegates Shall Address Chair. Rule 11. — When any delegate is about to speak or deliver any matter to the Convention, he shall rise from his seat and respectfully address himself to the Presi- dent. Calling Delegate to Order. Rule 12. — If any delegate transgress the rules of this Convention, the President shall, or any delegate may, call him to order; in which case the delegate so called to order, if speaking, shall immediately sit down, unless permitted to explain. The point of order raised shall be stated when the delegate is called to order, and decided by the President, and the Convention shall, if appealed to, decide on the case, but without debate. If the decision be in favor of the delegate called to order he shall be at liberty to proceed; if the decision be against him, and he refuses to obey, the President may direct the Sergeant-at-Arms to seat him or remove him from the floor of the Convention, and he may be liable to the censure of the Convention. -58 Journal of Aladama Recognition hij the Chair. Rule 13. — When two or more delegates happen to rise at the same time, the President shall name the per- son who is first to speak. Speeches; Number and Lenyth of; Exceptions. Rule 14. — No delegate shall speak more than once to the same question, nor more than half an hour at any time, without leave of the Convention, unless he be the mover or chairman of the committee proposing the matter pending, in which case he shall be permitted to speak in reply, but not until every delegate choosing to speak shall have spoken. Respect to Chair and Deleyates; Visiting Secretary's Desk. Rule 15. — While the President is putting any ques- tion or addressing the Convention, no person shall walk out of or across the hall of the Convention ; nor in such €ase, or when a delegate is speaking, shall entertain pri- vate discourse, nor while a delegate is speaking shall pass between him and the Chair. Every delegate shall remain uncovered during the session of the Convention. No delegate or other person shall visit or remain by the Secretary's table while the yeas and nays are being called, or ballots are being counted. Personalities. Rule 1G. — Delegates shall particularly forbear per- sonal reflections; nor shall any delegate name another in argument or debate. Previous Question. Rule 17. — The previous question shall be in the fol- lowing form : "Shall the main question be now put?'' If demanded by a vote of a majority of the delegates pres- ent, its effect shall but to cut off all debate and bring Constitutional Convention. 59 the Convention to a direct vote, but the mover of the question, or the chairman of the committee having charge of the bill or resolution, shall have the right to close the debate, after the call for the previous question has been sustained, for not more than thirty minutes, unless the Couveuiion extends the time. The demand for the previous question may be limited by the mover to any subsidiary motion or motions not of a higher rank than the motion for the previous question, or made to apply to the main question and all subsidiary motions. Motion for Previous Question; Incidental Points of Order Pending. Rule 18. — On a previous question there shall be no debate. All incidental questions of order arising after a motion is made for the previous question, and pend- ing such motion shall be decided, whether on appeal or otherwise, without debate. ^tnohing. Rule 19. — No person shall be allowed to smoke with- in the house, lobby or gallery. Applause. Rule 20. — No applause shall be permitted, either on the floor or in the gallery of the Convention. Lobby or Gallery May Be Cleared. Rule 21. — In case of any disturbance or disorderly conduct in the lobby or gallery, the President shall have the power to order the same to be cleared. ORDER OF BUSINESS. Order of Business. Rule 22. — The following shall be the order of busi- ness in the Convention : 1. Call to order. 60 Journal of Alabama 2. Prayer. 3. Ascertainment of quorum. 4. Report of Committee on Journal. 5. Approval of Journal. 6. Call of the roll in alphabetical order for the in- troduction of resolutions, memorials, petitions and ordinances, and their proper reference. 7. Reports of standing committees. 8. Reports of special committees. 9. Unfinished business. 10. Special orders. 11. Consideration of ordinances and resolutions which have been reported from committees. 12. Miscellaneous. If the call of the roll for the introduction of resolu- tions, etc., is not completed on any day, it shall be re- sumed on the next day where left off on the preceding day. This provision shall also apply to reports of standing committees. RESOLUTIONS AND MOTIONS AND THEIR PRE- CEDENCE. Motions: Stated or Read; When to Be in Writing. Rule 23. — When a motion is made, it shall be stated by the President; or if in writing, shall be read aloud by the Secretary ; and every motion shall be reduced to writing if the President or any delegate request it. Withdrawal of Motions. Rule 24. — After a motion is stated by the President, or read by the Secretary, it shall be deemed in the pos- session of the Convention, but may be withdrawn by leave of the Convention, at any time before decision. Precedence of Motions. Rule 25. — When a question is before the ConvontioUy motions may be received in the following order, to- Constitutional Convention. 61 wit: First, to fix the time to wliieli the Coiiveution shall adjourn; second, to adjourn; third, to laj on the table; fourth, for the previous question; fifth, to postpone to a certain day, not beyond the prdbable duration of the session; sixth, to commit; seventh, to amend; eighth, to indefinitely postpone. When several motions shall have precedence in the order in which they are arranged and no motion to postpone to a day certain, to commit, or to postpone indefinitely, being decided, shall be again allowed on the same day and at the same stage of the motion or proposition. M^otion to Adjouni. Rule 2G. — A motion to adjourn shall always be in order, even in the absence of a quorum, except when on the call for the previous question, the main question shall have been ordered, or when the Chair is stating a question, or when the roll is being called or has been called, and the vote has not been announced, or when a vote is being verified, or when a member has the floor, — and such motion shall be decided without debate. Beconslderation. i Rule 27. — When a vote has passed, except on the previous question, or on motion to lay on the table, or to take from the table, it shall be in order for any dele- gate wlio voted with the majority to move for a recon- sideration thereof on the same day, or within the morn- ing sesson of the succeeding day, and such motion, if made on the same day, shall be considered on the next succeeding day immediately after the approval of the Journal ; but if first moved on such succeeding da}', it shall be forthwith considered; and when a motion for reconsideration is decided, that decision shall not be reconsidered, and no question shall be twice reconsid- ered. A motion to reconsider a vote, upon aiw inciden- tal or subsidiary question, shall not remove the main subject under consideration from the house, but shall be considered at the time when it is made. 62 Journal of Alabama Reference of Resolutions. Rule 28. — All rei^olutioiis, before they are voted on,, shall be referred to and reijorted from the Committee on Knles. Reference; Sidiidiiu/ Has Precedence of ii pedal Com- mittee on. EuLE 29. — When motions are made for the reference of a subject to a select committee and a standing com- mittee, the question for the reference to a standing com- mittee shall be first put. Special Orders. Rule 30. — Any matter may, b^' a vote of the major- ity present, be made the special order for any liour, which shall take precedence, at that hour, of an}' other business exce^Dt a motion to reconsider. Blanks; Filling in. Rule 31. — Motions to fill blanks shall be considered and treated as other amendments. Table; Effect of Motion to. Rule 32. — A motion to table shall carry to the table only the amendment, question or questions to which it is addressed. RIGHT AND DUTIES OF DELEGATES. Absentees; Call of the House; QiitJiion. Rt'LE 33. — T\venty-tiv(^ delegates shall liave power to send for absent delegates, or to move a call of the house; but no call of the house shall be made except on the con- currence of a majority of the deb^gates present. A ma- jority of the ("onveution shall be a quorum to transact business. Constitutional Convention. 63 Roll Call; Hoio Made. Rule 34. — Upou the call of the Convention for tak- ing the ayes and noes on any (question, the name of the President shall he tirst called, and the names of the delegates shall be called alphabetically, and each dele- gate shall answer from his seat. Voting; Inquiry of (^KC-stioii Pending Rule 35. — When any question is taken by ayes and noes, and a delegate who has been absent returns before the question is decided, he shall be privileged to make inquiry of the subject before the Convention, and re- cord his vote without discussion. Ayes and Noes; Call for. Rule 36. — The ayes and noes shall only be ordered when the call therefor is sustained by thirty delegates. Division of Question. Rule 37. — Au}^ delegate may call for a division of the question when the sense will admit of it. Voting by Ayes and Noes; Question Lost if Vote Equally Divided. Voting; Ayes and Noes. Rule 38. — Every delegate may be required to vote on any question before the Convention. When the ayes and noes are ordered, the President shall be first called, and if the Convention be equally divided, the question shall be lost. Absence of Members. Rule 39. — -No delegate shall absent himself from the session of the Convention, unless he have leave, be sick,, or unable to attend. 64 Journal of Alabama Explanation of Vote. Rule 40. — After a vote has been ordered upon any question no delegate shall be permitted to explain his TOte without the unanimous consent of the Convention. COMMITTEES. By Wlioin Coinmitlccs Appointed; Qiionini; Stdnding Committees. liULE 41. — The President shall appoint all committees unless otherwise directed by the Convention. A ma- jority shall constitute a quorum. The following shall constitute the standing committees of the Convention : (1) Rules, of which the President shall be chairman, to be composed of nine members, and which shall have the right to report at any time. (2) Judiciary, to be composed of twenty-five mem- bers. (3) Order, Consistency and Harmony of the Con- stitution, to be composed of twenty-five members. (4) Suffrage and Elections, to be composed of twenty-five members. (5) Legislative Department, to be composed of nineteen members. (6) Local Legislation, to be composed of nineteen members. (7) Education, to be composed of nineteen mem- bers. (8) Taxation, to be composed of nineteen members. (9) Executive Department, to be composed of fifteen members. (10) Preamble and Declaration of Rights, to be composed of fifteen members. (11) Corporations, to be composed of fifteen mem- bers. (12) Representation, to be composed of fifteen members. (13) Exemption, to be composed of fifteen members. (14) ^Militia, to be composed of fifteen members. Constitutional Convention. 65 (15) Banks and Banking, to be composed of fifteen :meml)ers. (1()) Municipal Corpora tit»ns, to be composed of fifteen members, (17) State and County Boundaries, to be composed of fifteen members. (18) Impeachment, to be composed of fifteen mem- bers. (19) Amending- the Constitution, and Miscellaneous Provisions, composed of fifteen members. (20) Journal, composed of five members. (21) Schedule, Printing and Incidental Expendi- tures, to be composed of nine members. Clerks of Coinmittees. EuLE 42. — ^Tlie following committees shall be en- titled to clerks, to be appointed bv the respective chair- men of the committees, Avhenever in the discretion of the chairman of either of saicl committees it may be necessary: Kules, Judiciary, Order, Consistency and Harmon}^ of the Constitution, Suffrage and Elections, Jj^ducation and Corporations. Recalliiu/ Matter From Committees. Rule 43. — Any ordinance or resolution may be re- called from a committee by a majority of the whole number of delegates elected to the Convention. iShall Xot Sit During i^essions. Rule 44. — No committee shall sit during the sitting »of the Convention without special leave. Chairmen of Co}nmittees ; hj/ Whom Desif/nated. Rule 45. — The President shall designate who shall be the chairmen of all committees appointed. Temporary Absence of Chairman. Rule 46. — When the chairman of a committee is rsick or unable to pei^form his duties, or absent from the 6 66 Journal of Alabama cit}', the delegate whose name appears second on the- committee shall, during the sickness, inability or ab- sence of the chairman, become chairman, and have power to call together the committee for consideration of business. KEGULATIONS GOVERNING ADOPTION OF OlIDINANCES. Introduction^ Reference and Printing of Ordinances. Rule 47. — When any ordinance is introduced it shall be read at length and be referred by the President with- out a vote being taken, unless otherwise ordered by a two-thirds vote of the Convention, to the appropriate committee. No ordinance shall be reported back from, any committee until after the lapse of one entire legis- lative day. When any committee shall have reported to this Convention any article or section of the proposed Constitution, said article or section shall again be read at length, and three hundred copies thereof printed for the use of delegates; and such article or section shall lie on the table at least one da}^, and until in regular order it shall be taken up for consideration b}^ the Con- vention. Recommitment. Rule 48. — Ordinances and reports may be recom- mitted at the pleasure of the Convention. Yeas and Najj.s on Final Passage; Journal Entries; Re- Conimitment. Rule 49. — Ui)on tlie final adoption of any article or section of the Constitution, the vote shall be taken by yeas and nays and spread upon the Journal, and the article as adopted shall be spread upon the Journal and be referred to the Committee on Ol-der, Consistency and ITarmonv of tlie Constitution. Constitutional Convention. 67 Ordluance. Title; Paper Upoii Wliich Written; Name of Introduce)'. Rule 50. — The title of each ordinance sliall state con- ciselj^ its subject matter, and shall state the article and section of the present Constitution to which it relates, as far as practicable. Each ordinance shall be Avritten on an entire sheet of paper, with the name of the dele- gate who introduces it, and the title of the ordinance endorsed thereon. Minority Reports. Rule 51. — When an ordinance or article is reported to the Convention and a minority report accompanies the majority report, the ordinance or article accompany- ing the minorit}' report shall be considered an amend- ment and the same shall be printed and the ordinance or article shall be read a second time; and said ordin- ance or article and minority report shall be placed on the calendar and be considered on the third reading of the ordinance or article. Engrossment and Ennollment of Ordinances. Rule 52. — All articles of the Constitution, after their adoption by the Convention, shall be engrossed before their delivery to the Committee on Order, Con- sistency and Harmony of the Constitution, and after the report of said committee has been adopted by the Convention said Constitution shall be correctly en- rolled. Report of Entire Constitution to Convention; Actioii Thereon. Rule 53. — The Committee on Order, Consistency and Harmony of the Constitution, shall report the en- tire proposed Constitution to the Convention, and the Constitution so reported shall be read and acted upon C8 JOUUXAL OF Alakama article 1»y article, and .section l»y section, and submitted to a vote of the Convention; if a majority of the niemljers present shall vote therefor the same shall be adopted, but if amended in any particular it shall be re-referred with such amend- ments to the said committee, who shall cause the Con- stitution with the amendments so adopted to be re- written and report the same to the Convention for its action. When the Constitution shall have been finally adopted by the Convention it shall be enrolled, and when enrolled it shall be again read and attested by the Presi- dent and Secretary, and each clelegate to the Convention personally shall sign his name thereto. The signature of a majority of the delegates present, if a majority of the Convention, shall constitute a sufficient attestation. MISCELLANEOUS. Definition of Terms "^Ordinance," '^'Resolution.'' Rule 54. — All propositions intended to be incorpor- ated in the Constitution to be formed when herein re- ferred to are designated as ordinances, and other prop- ositions sultmitted to the Convention when herein re- ferred to are designated as resolutions. Rules; Suspension of. Rule 55.- — That the rules of the Convention shall not be suspended, except by a two-thirds vote of every dele- gate present, provided a quorum must vote. Privileges of the Floor or Hall; Who Entitled to. Rule 5(5. — The lobby or floor of the Convention shall be kept clear of all persons who are not entitled to the freedom thereof; and the persons entitled to such free- dom of the hall shall be as follows, viz.: (1) Delegates and officers of the Convention; (2) clerks of the com- mittees of the Convention; (3) bona fide representatives of the press. COXSTITUTIUXAL CONVENTION. 69 Rules; Rescisshn of; Ptiiiishineiit for Violation. Rule 57. — Noue of the foregoing rules shall be re- scinded without one da^^'s notice of the motion thereof being given; and a violation of either of them ma}^ be punished by such censure as a majority of the Conven- tion may direct. Mr. Knox offered the following amendment, which was accepted by the committee : Add to the end of Kule 3 : "Upon the vote being taken, the Chair shall announce that the one or the other side of the question seems to have it ; and wait a reasonable time for a demand for a division; when, if no such dt^mand is made, the Chair shall state the decision." Mr. Jones, of Montgomery, otfered the following amendment, which was accepted by the committee : Add the following at the end of Rule 28 : "Except resolutions relating to the privileges of tha Convention or its members, the orders of the day, mo- tions to discharge the Committee on Rules from the Consideration of a resolution, or to order it to report back by a day certain." The report, as amended, was adopted. • ORDER TO PRINT. Mr. Lonuix moved that the Secretary be authorized to have five hundred copies of the Rules printed in pam- phlet form, for the use of the delegates. The motion prevailed. Mr. Eyster ottered the following resolution: Resolved, That the names of the members of the vari- ous committees be printed in the same pamphlet here- tofore ordered printed containing the rules of this Con- vention. Mr. Cunningham offered the following amendment to the resolution offered by Mr. Eyster : Amend by adding officers of Convention also, that the list of delegates, alphabetically, with postoflflce ad- dress. 70 JouBNAL OF Alabama The amendment was adopted, Mr. Ejster moved tlmt the rules be suspended and that the resolution be adopted. The motion prevailed, and the resolution, as amended, was adopted. ANXOUNCEMEXT OF STANDING COMMITTEES. The President announced the following standing committees : COMMITTEE ON JUDICIAliY.— Smith of Mobile, Lowe of Jefferson, Walker, Pillans, Fitts, Watts, Fer- guson, Hood, Coleman (»f Walker, Cobb, Graham of Montgomery; Samford, Willett, Merrill, Tayloe, Leigh, NeSniith, Duke, Espy, Davis of DeKalb, Asiieraft, Wil- son of Clarke, Heflin of Randolph, Kirk, Jones of Hale. COMMITTEE ON OKDER, CONSISTENCY AND HARMONY OF THE WHOLE CONSTITUTION.— White, Selheimer, Spraggius, Jones of Montgomery, W^illiams of Barbour, Heflin of Chambers, MacDonald, Davis of DeKalb, Davis of Etowah, Weakley, SoUie, Craig, Martin, Pillans, Beddow, Moody, Carmichael of Colbert, Foster, Sorrell, deUraffenried, Norman, Mc- Millan of Wilcox, Sanford, Sentel, Beavers. COMMITTEE ON SUFFRAGE AND ELECTIONS. — Coleman of Greene, White, ^liller of Wilcox, Walker, Oates, Weatberly, Smith of ^ilobile, Jones of Wilcox, O'Neal of Lauderdale, Stewart, Howze, Pitts, deGraffen- ried, Morrisette, Rogers of Lowndes, Eyster, Glover, Chapman, Graham of Talladega, Grant, Hood, Harri- son, Dent, Parker of Cullman, Handley. COMMITTEE ON LEGISLATIVE DEPARTMENT. — Oates, Weptherly. Brooks, ]\[acDonald, Heflin of Chambers, Lowe of Jeffei-sou, NeSmith, Carnathon, King, Leigh, Jackson, Espy, Chapman, Pettus, Lowe of Lawrence, Reese, liogers of Sumter, Porter, Sloan. COMMITTEE ON LOCAL LEGISLATION. — O'Neal of Lauderdale, ^^^ltts, Vaughan. Whitesides, Al- mon, Sanders. Gi-eei- (»f Cnllioiiu, Proctor, Wilson of COXSTITUTIOXAL COXVENTIOX. 71 Washington, Haley, Glover, Burnett, Waddell, Inge, O'Rear, Kevnolds of Henry, Kyle, Banks, Reynolds of Chilton. COMMITTEE ON EDUCATION.— Graham of Tal- ladega, Ashcraft, Pettus, Bulger, Jones of Wilcox, Tay- loe, Rogers of Sumter, Robinson, Williams of Barbour, Reese, Renfroe, Opp, Miller of Marengo, Inge, Locklin, Hodges, Altman, Bethune, Mac. A. Smith. COMMITTEE ON TAXATION.— Browne, Pillans, Harrison, Handley, Craig, Pearce, Kyle, Long of But- ler, Searcy, O'Neill of Jefferson, Max\yell, Burnett, Winn, Kirk, Martin, Coleman of Green, Cunningham, Carnathon, King. COMMITTEE ON EXECUTIVE DEPARTMENT. — Jones of Montgomery, Fitts, Lomax, Samford, Duke, Hodges, Nor\yood, M. M. Smith of Autauga, Vaughan, Williams of Marengo, Jenkins, Carmichael of Coffee, Howell, Spears, Hinson. COMMITTEE ON PREAMBLE AND DECLARA- TION OF RIGHTS.— Lomax, Vaughan, Eyster, Fitts, Wilson of Washington, Browne, Cornwell, Barefield, Bethune, Garden, Carmichael of Coffee, Case, Black- well, Bartlett, Phillips. COMMITTEE ON CORPORATIONS.— Harrison, Eogers of Lowndes, Searcy, Graham of Montgomery, Coleman of Walker, Wilson of Clarke, Proctor, Fergu- son, Williams of Marengo, Opp, Long of Butler, Bur- nett, Almon, Murphree, Cofer. COMMITTEE ON REPRESENTATION.— Pitts, Williams of ^larengx), Bulger, Knight, O'Rear, Grayson, Almon, Greer of Perry, Dayis of Etowah, Garden, Jen- kins, Greer of Calhoun, Hinson, Norman, Gilmore. COMMITTEE ON EXEMPTIONS.— Howze, O'Neill of Jefferson, Burns, Selheimer, Sorrell, Heflin of Ran- •dolph, Stewart, Morrisette, Long of Walker, Banks, Palmer, Reynolds of Henry, Eley, Grayson, Williams of Elmore. 72 JOUKXAL OF Ar^VBAMA COMMITTEE OX MILITIA.— Wilson of Clarke^ Greer of Calhoun, Jones of Montgomery, Spraggins^ Burns, Waddell, Henderson, M. M. Smith of Autauga^ Sanders, Palmer, Jones of Bibl), King, Williams of El- more, Stoddnrd, Freeman. COMMITTEE ON BANKS AND BANKING.— Fletcher, Handler, Cornwell, Ledbetter, Brooks, McMil- lan of Baldwin, Malone, Renfroe, Dent, Searcy, Parker of Cullman, Maxwell, Eley, Winn, Reynolds of Chilton. COMMITTEE ON MUNICIPAL CORPORATIONS. — Weakley, Boone, Fletcher, McMillan of Baldwin, Beddow, Sanford, Howell, Parker of Elmore, Pearce, Whitesides, Knight, Kirkland, Mulkey, Phillips, Byars. CO:\[MITTEE ON STATE AND COUNTY BOUN- DARIES — Parker of Cullman, Reese, Beavers, Jenkins, Cobb, ^Miller of Marengo, Sentell, Parker of Elmore, Thompson, Moody, Gilmore, Jackson, McMillan of Wil- -^ox, Malone, Blackwell. ' C0M:MITTEF on impeachments— Hood, Mil- ler of Wilcox, Grant, Hale}', Sorrell, Bulger, Lowe of [efferson, ^Merrill, Henderson, Long of Walker. Robin- son, Mac. A. Smith of Autauga, Thompson, Willetfc,. Cofer. COMMITTEE ON AMENDING CONSTITUTION, AND :\lISCELLANEOUS PROVISIONS.— Foster, ^Merrill, Jones of Hale, Boone, Altman, Burns, Ledbet- ter, Norwood, Haley, Cunningham, SoUie, Sentel, Bare- field, Lowe of Lawrence, Mc^Iillan of Wilcox. CO^r:MITTEE ON THE JOURNAL.— Proctor, ^Yil- son of Clarke, Carmichael of Colbert, Kirkland, Fosliee. co:mmittee on schedules, printing AND incidental EXPENDITURES.— Heflin of Rand<)l])li, Greer of Perry, Locklin, Wilson of Wash- ington, Baretield, Henderson, Carmichael of Cotfee, Murpliree, Jones of Bibb. COXSTITUTIOXAL CONVENTION. 73 RESOLUTIONS. Mr. Bulger offered the followiug resolution : Resolved, That whereas, the prosperity and welfare of our State depends upon the intelligence and integ- rity of our people. That, whereas, in the past few years we have made rapid and permanent progress in providing facilities for educating the children of our State. Therefore, be it resolved, It is the sense of this Con- vention that no backward step in enducation shall be taken, but this grand work will go on until a free pub- lic school is placed in reach of every white child in Ala- bama. The resolution was referred to the Committee on Education. Mr. Graham, of Talladega, offered the following resolution : Resolved, By this Convention, that our President is hereb}' requested to extend an invitation to Dr. Jabez L. M. Curry, of Washington, D. C, to address this Convention on the subject of Public Education at his earliest convenience. The specific time and arrange- ments to be fixed by the Convention upon reply from Dr. Curry. The resolution was referred to the Committee on Rules. Mr. Coleman, of (jrreene, offered the following reso- lution : First, resolved. That the rate of taxation relative to the State, counties and municipalities, as fixed by the present Constitution, shall remain unchanged. Second, no county, subdivision of a county, district, or municipality, shall be authorized to issue bonds, or make contract involving pecuniary obligations, which are matured at a later period than twelve months from the date of such issue, or contract, without first having been approved by a majority vote by ballot of the quali- fied voters of such counties, subdivision, district or municipality, by an affirmative vote in favor of such is- sue or contract, and in determining the result of any 74 Journal of Alabama election held for this purpose, no v(jte shall be counted as an affirmative vote which does not show on its face that such vote was cast in approval of such issue or con- tract, any legislative provision to the contrary notwith- standing. The resolution was referred to the Committee on Municipal Corporations. Mr. Burns offered the following resolution : That the present limit of taxation, State, county and city, shall not he increased. The resolution was referred to the Committee on Taxation. Mr. Boone offered the following resolution : Resolved, That tlie Secretary of this Convention be, and is liereby instructed to preserve five copies of printed stenographic reports of the proceedings of this Convention, and when said report is completed, cause the same to l)e liound and deposited in the office of the Secretary' of State. The resolution was referred to the Committee on Schedules, Printing and Incidental Expenditures. Mr. Watts offered the following resolution : Kesolved, That the official stenographer be required to deliver each day to the Secretary of State 250 of the 1,000 printed copies of the report of the proceedings of the Convention for the previous day. Resolved, further. That it should be the duty of the Secretary of State to preserve said 250 copies of said proceedings for such use as the General Assembly may direct. The resolution was referred to the Committee on Schedules, Printing and Incidental Expenses. Mr. Henderson offered the following resolution : Resolved, That the new Constitution provide that the General Assembly shall have no power to enact any law in aid of or pertaining to the removal of the seat of gov- ernment of this State from wher6 it is now located. The resolution was referred to the Committee on Leaislntive Department. 'Mr. Henderson also offered the following resolution: Constitutional Convention. 75 Resolved, That it be provided in the new Constitu- tion that representation in the General Assembl}' be based on population of all the people. The resolution was referred to the Committee on Representation. ORDINANCES ON FIRST READING. The following ordinances were introduced, read at length one time, and referred to appropriate committees as follows : Ordinance No. 1, by Mr, Brooks. To Amend Sec. 3 of Art. II of the Constitution: Resolved, That Section 3, of Article II of the Con- stitution be so amended that it shall read as follows : After the ratification of this Constitution, no new debt siiall be created against, or incurred, by this State or its authority, except to repel invasion, or suppress insurrection, and then only by concurrence of two- thirds of the members of each house of the General x\s- sembl}^, and the vote shall be taken by yeas and nays, and entered on the journals; and any act creating or incurring any new debt against this State, except as herein provided for, shall be absolutely void; provided, the Governor may be authorized to negotiate temporary loans, never to exceed three hundred thousand dollars, to meet deficiencies in the Treasury ; and until the same is paid, no new loan shall be negotiated; provided fur- ther, that this section shall not be so construed as to prevent the refunding, from time to time, of the bonded indebtedness of the State. The ordinance was referred to the Committee on Taxation. Ordinance No. 2, by Mr. Brooks: Resolved, That Section 1 of Article XII of the Con- stitution be so amended that it sliall read as follows: 1. — All able bodied male inhabitants of this State, between the ages of 18 years and 45 years, who are citi- zens of the United States, or have declared their inten- tion to become such citizens, shall be liable to military •duties in the militia of the State. And the General As- 76 JouuNAL OF Alabama semblj may i)rovide for the organization from among such citizens, for a State Naval Militia. Tlie ordinance was referred to the Committee on Militia. Ordinance No. 3, by Mr. Brooks: liesolved, That Section 23 of Article XIV of the Con- stitution be stricken out, and the following substituted :. No public officer, or person elected or appointed to a public office, under the laws of this State, shall, di- recth' or indirectly, ask, demand, accept, receive or con- sent to receive, for his own use or benefit, or for the use or benefit of another, any free pass, free transportation, franking privilege or discrimination in passenger, tele- graph or telephone rates, from any j^erson or corpora- tion, or make use of the same himself or in conjunction with another. A person who violates any provision of this section shall be deemed guiltv of misdemeanor, and shall forfeit his office at the suit of the AttorncA- General. Any corporation, or officer, or agent thereof, who shall offer or promise to a public officer or person elected to a public office, any such free pass, free transpoi'tation, franking privilege, or discrimination, shall also be deemed guilty of a misdemeanor, and liable to punish- ment, excejit as herein provided. No person, or officer, or agent of a corporation giving any such free pass, free transportation, franking privilege or discrimina- tion hereby prohibited, shall be privileged from testify-* ing in relation thereto, and he shall not be lial)le to civil or criminal prosecution therefor, if lie shall testify to the giving of the same. The ordinance was referred to the Committee on Rules. Ordinance No. 4, by ]Mr. Browne: An ordinance to auu^nd Section 2 of Article XIII of the Constitution. (Relates to public schools). Be it ordained tliat Section 2 of Article XIII of tlie Constitution of 1875 be and the same is hereby amended to read as follows : S(^ction 2. — The General Assembly shall establi.sh, organize and maintain a system of ]niblic schools throughout the State, for the benefit of tlie cliildren Constitutional Convention. 77 thereof between the ages of seven and tv^'enty-one years ; provided, separate schools of the same length of term !as those provided for other children, shall be provided for the children of citizens of African descent. The ordinance was referred to the Committee on Education. Ordinance 5, by Mr. Harrison : An ordinance to prohibit vagrants from voting in this State. 1. — Be it ordained by the people of Alabama, in Con- vention assembled, that no vagrant as now defined by the statutes of Alabama shall be allowed to vote at any election in this State. The ordinance was referred to the Committee on Suffrage and Elections. ADJOURNMENT. On motion of Mr. Wilson, of Clarke, the Convention adjourned until to-morrow at 11 o'clock. SIXTH DAY. Convention Hall. Montgomery, Ala., Tuesday, May 28, 1901. The Convention met pursuant to adjournment. Prayer was offered by Rev. Xeal Anderson of the city. ROLL CALL. On a roll call of the Convention the following dele- gates answered to their names : Messrs. President, Banks, Almon, Barefield, Altman, Bartlett, Ashcraft, Beddow, 78 Journal of Alabama Blackwell, Boone, Brooks, Browne, Bulger, Burnett, B^ars, Cardon, Carniicliael ( Colbert ) , Carmieliael (Coffee), Carnatlion, Case, Chapman, Col ema n ( Greene ) , Coleman ( Walker ) , Cornwell, Cunningham, Davis (DeKalb), Davis (Etowah), (leGraffenried, Duke, Eley, Ej^ster, Espy, Ferguson, Fitts, Fletcher, Foshee, Foster, r^reeman, Gil more, Glover, Graham ( ^lontgomery) , Gi'aham ( Talladega) , Grant, Grayson, Greer ( Calhoun ) , Greer (Perry), Handley, 1 1 etl i n ( Chambers ) , Heflin (Randolph), Henderson, Hinson, Hodges, Hood, Howell, Howze, Inge, Jackf^oii, Jenkins, Jones (Bibb), Jones (Montgomery),, Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Ledl)etter^ Leigh, Lomax, Lowe (Jefferson), Lowe ( Lawrence ) , Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, .Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Morrisette, Mulkey, jMurphree, NeSmith, Norman, Norwood, Gates, G'Neal (Lauderdale) ^ O'Neill (Jefferson),, Opp, Constitutional Convention. 79 O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Phillips, Pillans, Porter, Proctor, Reese, Reynolds (Henry), Robinson, Rogers (Sumter), Samford, Sanders, Sanford, Searey, Selheimer, Sentell, Sloan, Smith (Mobile), Smith, Mac. A., Sollie, Sorrell, Spears, Spragins, Stewart, Studdard, Tayloe, Thompson, Vauiihan, Waddell, Walker, Watts, Weakley, ^Yeatherly, White, Whiteside, AVilliams (Barbour), Williams ( Marengo ) , Williams ( Elmore ) , Wilson (Clarke), Wilson ( Washington ) Winn. A quorum was present, one hundred and thirty-three delegates having answered to their names. LEAVE OF ABSENCE Was granted to Messrs. King and Reynolds of Chilton for to-day and to-morrow; to Mr. Pitts until Friday; to Messrs. Pettus, Craig and Long of Butler, for to-day ; to Mr. Sollie for to-morrow and Thursday ; to Mr. Dent for to-day, Wednesday and Thursday ; to Mr. Jones, of Hale, indefinitely ; to Mr. Watts for to-morrow and Saturday ; to Mr. Lomax for to-morrow and until Saturday ; and to Mr. Samford to-morrow. REPORT OF THE COMMITTEE ON THE JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report: • 80 JoiKXAL or Alabama The Committee on the Journal beg leave to report that they have examined the Journals for the fourth and fifth days of the Convention, and found the same to be correct. Respectfully submitted. John F. Proctor, Chairman. The report of the committee was concurred in. Mr. deOratienried moved that the Journal be ap- proved, and that the further reading of the Journal be dispensed with, Mr. Beddow moved to table the motion of Mr. de- Gratfenried. The motion to table was lost. The question recurred on the motion of Mr. deGraf- fenried, and the motion to ap])rove the Journal and dispense with the reading of the same prevailed. STENOGRAPHIC REPORT. Mr. Reese called the attention of the Convention to the fact that the official stenographic report did not contain the prayer offiered at the opening of each ses- sion of the Convention. The President announced that in the future the re- port would contain the praver, offered each morning in full, QUESTION OF PRIVILEGE, Mr, Ashcraft arose to a question of personal privi- lege, and stated that the official stenographic report of Friday's proceedings had misquoted him in his re- marks of that day, in this : I am quoted as saying, "I think I have the capacity and the experience which will enable me to express clearly some of the reasons why these reports should not be made,'' etc. Which is in- correct. I said "I wish I had the capacity and the ex- perience which would enable me to express clearly," -etc. The President ordered the official stenographic re- port to ')(' corrected accordingly. Constitutional Convention. 81 resolutions. The following resolutious were offered, severally, ji'ead one time at length, and referred to appropriate committees, as follows : Resolution 29, by Mr. Howell : llesolved, That the daily session of this Convention shall begin at 10 o'clock a. m, and adjourn at will. The resolution was referred to the Committee on Rules. Resolution 30, by Mr. Lomax : Resolved, That in any article adopted by the Com- mittee on Corporations and reported to this Conven- tion, the provisions of the present Constitution as to the powers of corporations shall be preserved so that such powers shall not be enlarged in any respect or particular. The resolution was referred to the Committee on Corporations. Resolution 31, by Mr. Malone. Be it resolved, First, that the new Constitution shall contain a provision permitting each sepa^-ate township to assess and collect a special school tax of not exceed- ing twenty-five cents on the hundred dollars of assessed valuation of such township. Second — That such sum as shall be so raised shall be used in connection with the amount due each town- ship from the general fund of the State, and shall not be used for other purposes than the actual expenses of the school of such township for the scholastic 3'ear for which same shall have been raised. Third — That the amount so raised from the property of persons of African descent shall be used for separ- ate schools for children of African descent, and only such sum. Four-th — That such election shall be under the State laws, and at an election for such purposes only. The resolution was referred to the Committee on Education. Resolution 32, by Mr. Malone: 6 82 Journal of Alabama Be it resolved, That the new Constitutiou shall cou- tain a provision for the examination by a competent public official of the financial condition of all State and private banks doing business in this State, and for the publication of same. The resolution was referretl to the Committee on Banks and Banking. Resolution 33, by Mr. Miller, of Wilcox : Be it resolved by this Convention, That the formation of school districts be encouraged in furtherance of our public school system, and that Trustees for the man- agement of such schools be elected by the qualified electors of such district^ and that the authority to raise funds for the support of such schools and for the building of school houses be delegated to such Trustees, at the option of the qualified voters of the district ; and that such a system of district schools ' be established under well guarded limitations as to taxation, as will meet the inhibitions of the present Constitution, which are set out in case of Schuites vs. Eberly, in 82 Ala., page 242. The resolution was referred to the Committee on Education. Resolution 34, by Mr. Reese, of Dallas: Rescdved, 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 pro- ceedings, shall .cause the pages constituting such rec- ord to be nund)ered consecutively in the same man- ner now practic(Ml in the Congressional Record of the Congress. The resolution was referred to the Committee on Rules. Resolution 35, by Mr. Reese of Dallas: Resolved, That the present constitutional basis of representation of the several counties in the General Assembly shall remain unchanged. The resolution was referred to the Committee om Representation. Resoluti(»n 3(5, by ^Ir. Reese of Dallas: Constitutional Convention. 83 Resolved, That it is the sense of this Convention that the present constitntional provisions relating to ex- empt property shall remain nnehanged. The resolution was referred ,to the Committee on Exemptions. Resolution 37, by Mr. Spraiigins of Madison. Resolved, That in any Constitution that may be framed, it shall be provided that all members of the General Assembly of Alabama shall be elected for four years, and that the General Assembly shall meet once in four years, unless specially called together by the Governor, and that at its sessions only general legis- lation shall be enacted. The resolution was referred to the Committee on Legislative Department. Resolution 38, by Mr. Thompson : Be it resolved by this Convention, That the Commit- tee on Education shall so frame the article on Educa- tion that no money derived by taxation upon the prop- erty of white people shall be diverted to or appropriated for the supjiort of any schools other than those for white children. The resolution was referred to the Committee on Education. Resolution 39, by Mr. Vaughan, of Dallas: AVliereas, the Democratic party adopted a platform upon which a large majority of the delegates to this Convention were elected; and, Whereas, it is right and proper that the provisions of said platform should be observed by this Convention. Therefore, be it resolved, That there shall be inserted in any Constitution adopted by this Convention pro- visions regulating suffrage so as not to conflict with the Constitution of the United States, and for the best interests of the tax payers and people of the State of Alabama. Second, that there shall be inserted in such Consti- tution a provision limiting the rate of taxation by the State, counties and municipalities, and that such rate of taxation shall not exceed the rate now fixed by the present Constitution, but a lower rate shall be fixed, if practicable. 84 JorUNAL OF ALAI5AMA Third, that the said Cou.stitiitiou sliall not deprive any white man of the right to vote except for conviction of infamous crimes. Fourtli, that Section 39 of Article IV of the present Constitution in reference to the removal and location of the State Capitol shall remain unchanged. Fifth, that the rights and privileges conferred by the present Constitution upon corporations shall not be en- larged. The resolution was referred to the Committee on Taxation. ORDINANCES ON FIRST READING. The following ordinances were introduced, severally read one time at length, and referred to appropriate committees as follows : Ordinance No. 6, by Mr. Hodges: To amend Section 2, iVrticle XI of the Constitution. (Relates to Education.) The ordinance was referred to the Committee on Education. Ordinance No. 7, by Mr. Howell: To amend Section 2, Article II, of the Constitution relative to the area of counties. The ordinance was referred to the Committee on State and County Boundaries. Ordinance No. 8, by Mr. Howze: Be it ordained by the people of Alabama, in Conven- tion assembled, that the Governor may veto any part or parts of any appropriation bill, and approve parts of the same, and the portions approved shall be law. The ordinance was referred to the Committee on Executive Department. Ordinance No. 9, by Mr. Howze: Be it ordained by the people of Alabama, in Conven- tion asseml)led, that the salary or fees of any public officer shall not be increased during his term of office. The ordinance Avas referred to the Committee on Amending Constitution and Miscellaneous Provisions. Ordinance No. 10, by Mr. Howze: Constitutional Convention. 85 Providiug for the election of Lieutenant Governor. The ordinance was referred to the Committee on Executive Department. Ordinance No. 11, by ^Ir. Jones, of Montgomery: To amend Article VIII of the Constitution. (Relates to Suffrage and Elections). The ordinance was referred to the Committee on Suffrage and Elections. Ordinance No. 12, by Mr. Jones, of Montgomery : To amend Section 1 of Article VII of the Constitu- tion. (Relates to Impeachments.) The ordinance was referred to the Committee on Impeachments. (Ordinance No. 13, by Mr. Kirk : To amend Section 5 of Article V of the Constitution, (Relates to Succession of State Officers). The ordinance was referred to the Committee on Executive Department. Ordinance No. 11, by Mr. Kirk : To amend Sections 5 6, 18, 23, and add Section 29 to Article VI of the Constitution. (Relates to holding of Circuit Court). The ordinance A^as referred to the Committee on Judiciary. Ordinance 15, by Mr. Kirkland : Be it ordained that all officers hereafter elected by the people of the State of Alabama, both State and county, shall be elected at one and the same time for a period of four years from the time of their elec- tion, and until their successors are elected; provided, that no officer so elected shall be eligible to succeed himself as such officer. The ordinance was referred to the Committee on Executive Department. Ordinance 16, by Mr. Kirkland: Relating to exemption laws. The ordinance was referred to the Committee on Exemptions. Ordinance IT, by Mr. Loniax : To limit the powers of political or municipal corpora- tions to incur debts and issue bonds.. 86 Journal of Alabama The ((I'diiiance was referred to the Committee on Municipal Corporations. Ordinance 18, bj^ Mr. Lomax: An ordinance limiting the powers of the General As- sembly as to local and special legislation. The ordinance was referred to the Committee on Legislative Department. (Ordinance 19, by Mr. Lomax : To readopt Section 7 of Article XI as amended, of the present Constitution in reference to taxation by cities, towns and municipal corporations. The ordinance was referred to the Committee on Municipal Corporations. Ordinance 20, by Mr. Lomax ; An ordinance to readopt, with certain changes there- in set out, certain sections of the present Constitution in reference to taxation, said sections being part of Article XI of the present Constitution. The ordinance was referred to the Committee on Taxation. Ordinance 21, by Mr. Lomax: An ordinance to readopt the provisions of Article X of the Constitution of 1875 relating to exemptions. The ordinance was referred to the Committee on Exemptions. Ordinance 22, by Mr. Lomax: An ordinance relating to suffrage and elections. The ordinsiiice was referred to the Committee on Suffrage and Elections. Ordinance 23, by ]Mr. Macdonald : Ordinance to amend Section 22 of Article IV of the Constitution. The ordinan^-e was referred to the Committee on Legislative 1 )e]Kirtment. Ordinance 24, l)y Mr. Macdonald : Ordinance to amend Section 19 of Article IV of the Constitution. Tlie ordinance was referred to the Committee on Legislative Department. Ordinance ^5. by Mr. Macdonald : To amend Article VIII of the Constitution. Constitutional Convention. 87 The ordinance was referred to the Committee on Suffrage and Elections. Ordinance No. 26, by Mr. Malone: To amend Article II of Section 2. (Relates to State and County Boundaries. ) The ordinance was referred to the Committee on State and County Boundaries. Ordinance No. 27, by Mr. Miller, of Marengo: (Kelates to State and County boundaries.) The ordinance was referred to the Committee on State and County Boundaries. Ordinance No. 28, by Mr. Mulkey: To amend Article Y, Section 26 of Constitution. (Re- lates to Election of Sheriff, and Removal from office). The ordinance was referred to the Committee on Executive Department. Ordinance No. 29, by Mr. Murphree: To amend Section 2 of Article XVII of the Consti- tution. (Relates to the holding of Constitutional Con- vention ) . The ordinance was referred to the Committee on Amending Constitution and Miscellaneous Provisions. Ordinance 30, by Mr. Murphree: To amend Section 5 of Article XIII. (Relates to maintenance of public schools.) The ordinance was referred to the Committee on Education. Ordinance 31, by Mr. Murphree: To amend Section 5 of Article IV of the Constitu- tion. (Relates to the holding of the sessions of the Legislature). The ordinance was referred to the Committee on Legislative Department. Ordinance 32, by Mr. Murphree: To amend Section 2, Article X of the Constitution, relating to exemption (homestead). The ordinance was referred to the Committee on Exemption. Ordinance 33, by Mr. Oates: Proposition of Senator John T. Morgan for elective franchise of the Constitution, with brief and citation atriotic 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 char- acter whatever, and who, by inherited characteristics, act for the best interests of good government. Fourth, that it is the purpose of the Convention in conferring the electoral franchise, to give it in harmony with these principles, to the end that good government shall he made secure, and that substantial, patriotic citizenship shall be recognized in accordance with the Fifteenth amendment to the Federal Constitution. The resolution was referred to the Committee on Suffrage and Elections. Resolution No. 46, by Mr. Graham, of ^lontgomery : Resolved, That the Secretary of State be and is here- by instructed to furnish each member of this Conven- tion a copy of the Code of Alabama (Civil and Crim- inal), taking his receipt therefor. Resolved further, That immediately before this Con- vention shall adjourn sine die, the members thereof shall return to the Secretary of State the Codes de- ilivered to them, and take up their receipts therefor. Constitutional Convention. 97 Tlie resolution was referred to the Committee on Rules. By unanimous consent the resolution Xo. 46 was withdrawn. Resolution No. 47, hy Mr. Greer, of 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 familv, and said tax to be levied, and collected in same manner that present 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 con- viction thereof shall be fined not less than |50 nor more than |oOO, and may also be sentenced to hard labor for the county for not more than six months, at the dis- cretion 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. The resolution was referred to the Committee on Education. Resolution No. 48, by Mr. Greer, of Calhoun : ■ . Resolved, That no county site shall be removed ex- cept it be done by a majority of the voters of the county by ballot. The resolution was referred to the Committee on State and County Boundaries. Resolution No. 49, by Mr. Greer, of Calhoun: Resolved, That no bill shall be introduced in the Gen- eral Assembly during the last fifteen days of its ses- sion that is purely local in its nature. The revsolution was referred to the Committee on Legislative Department. Resolution No. 50, by Mr. Henderson, of Pike : Resolved, That five hundred copies of the present 'Constitution be printed for the use of the members of this Convention. The resolution was referred to the Committee on JRules. .7 98 Journal of Alabama Kesolution No. 51, by Mr. Henderson: Resolved, That the rate of interest in this State shall be fixed at six per cent, per annum ; provided, any rate may be contracted for, not excet-diug ten 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. The resolution was referred to the 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 Con- stitution. That it consist of one president and two as- sociates. 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 oflice every two years. Said Commission shall have powers: 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 changes 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, and it shall have full power to enforce them, as may be provided by law. Fifth — Said commission shall do and perform any duty reel ui red of it by law. The resolution was referred to the Committee on Corporations. Resolution No. 53, by Mr. Henderson : Resolved, That the aew Constitution provide that no person of African descent shall hold office in this State, except as a teacher in the jmblic schools of his race; nor shall any such person be drawn to serve as a juror in the courts of this State. Constitutional Convention. 99 The resolution was referred to the Committee on JudieiarY. Resuliitiou No. 54, by Mr. Henderson : Resolved, That the new Constitution provide that the Governor of this State shall not be eligible to the Sen- ate of the United States while in office, nor within one year thereafter. The resolution Avas referred to the Committee on Executive Department. Eesolution No. 55, by Mr. Henderson : Kesolved, That the new Constitution provide that no member of the Ceneral Assembly be allowed mileage for the distance traveled to and from the seat of gov- ernment, where he travels by public conveyance free of charge. The resolution was referred to the Committee on Legislative Department. Kesolution No. 56, by Mr. Henderson : Eesolved, That Section 30 of the Declaration of Rights be amended to read as follows : That no title of nobilitj^ or hereditary distinction, privilege, honor or emolument, shall ever be granted or conferred in this State; and there shall be no unjust discrimination against the rights of persons or the rights of things, except in the exercise of the police powers, and of eminent domain of governuient, 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 longer than good behavior. The resolution was referred to the Committee on Preamble and Declaration of Rights. Resolution No. 57, by Mr. Henderson: Resolved, That no special Tax shall be levied and col- lected to pay the salary of any officer of this State, nor to maintain anj separate State department. The resolution was referred to the 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 100 Journal of Alabama other legal process from any court, and from sale under mortgage, nor shall the same be wavied in any manner for the pa^'ment of auj claim for money. Proyided, Said homestead shall be liable for the pur- e selected by the owner not to exceed in value one thousand dollars. But this exemption may be mortgaged, sold by priyate sale or under legal process where the same is waiyed as proyided by law, for the payment of any debt contracted since the adoption of this Constitution. The resolution Ayas referred to the Committee on Exemptions. Resolution No. 59, b}^ Mr. Henderson : liesolyed. That the new Constitution proyide that no bcmded indebtedness shall be authorized by law to be created l)y any county, city, town or other subdiyisiou of the State, unless by the consent of a majority of the legally qualified yoters residing within the district to be effected, such consent to be ascertained by an election as may be proyided 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 collected upon the assessed value of the property within the district for which such bonds may issue. The resolution Avas referred to the Committee on Taxation. Constitutional Convention. 101 POINT of order. - Mr. Weatherlv raised the point of order- that imder Kule 28 all resolutions should be referred to the Com- mittee on Kules. The point of order was not sustained. ORDINANCES ON FIRST READING. The following ordinances were introduced, severally read at length, one time, and referred to appropriate committees, as follows: Ordinance 59, by Mr. Almon : To amend Section 5, Article II of the Constitution, relating to taxation. The ordinance Avas referred to the Committee on Taxation. Ordinance 60, by Mr. Waddell : To provide for working the public roads of the State. The ordinance was referred to the Committee on Amending Constitution and Miscellaneous Provisions. Ordinance Gl, by Mr. ^Yaddell : Giving the General Assembly power to pass laws governing the gathering and marketing of farm pro- ducts raised in this State. The ordinance was referred to the Committee on Legislative Department. Ordinance 62, by Mr. Barefield : To amend Article I, Section 1, of the Constitution of Alabama, relating to Declaration of Rights. The ordinance was referred to the Committee on Preamble and Declaration of Rights. Ordinance 63, by Mr. Beddow : • To amend Section 7, Article XI of the Constitution of Alabama, relating to taxation. The ordinance was referred to the Committee on Taxation. Ordinance 64, by Mr. Beddow: An ordinance to amend Section 12, Article I, Bill of Rights of the Constitution of Alabama. The ordinance was referred to the Committee on Preaml)le and Declaration of Riglits.. 102 Journal of Alabama Ordiilaiu-e ,05, by Mr. Blackwell : To prohibit any person who, while a candidate for any office, shall be guilty of bribery or fraud, or wilful violation of any election law, from voting or holding office in this State. The ordinance was referred to the Committee on Suffrage and Elections. Ordinance 6(1, by Mr. Blackwell : To prohibit any person who practices fraud in elec- tions from voting or holding office in this State. The ordinance was referred to the Committee on Suffrage and Elections. Ordinance 67, by Mr. Blackwell : To provide for the filling of all vacancies that may occur in county offices by a direct vote of the people. The ordinance was referred to the Committee on Executive Department. Ordinance 08, by Mr. Blackwell: Providing that each county shall have a superintend- ent of education, who shall be elected by the people, and shall possess certain qualifications. The ordinance was referred to the Committee on Education. Ordinance 0!), Ity Mr. Boone: To amend xVrticle XIV, Section 1, of the Constitu- tion of Alabama, relating to corporations. The ordinance was referred to the Committee on Corporations. Ordinance 70, by ^Ir. Boone : To amend Article 1, Section 12, of the Constitution, relating to trial by jury. The ordiuaure was referred to the Committee on Preaiuble and- Declaration of Ilights. Ordinajice 71, by Mr. Boone: To amend Article 1, Section 23, of the Constitution of Alabama, relating to ex post facto laws. The ordinaTue was referred to the Committee on Preamble and Declaration of Bights. Ordinance 72, l)y Mr. Boone: To amend Ai-ticle XTV, Section 10, of the Constitu- tion of Alabiima (relating to corjjorations. ) Constitutional Convention. 103 The ordinance was referred to the Committee on Corporations. Ordinance 73, by Mr. Browne: To amend Section 7, of Article XI, of the Constitu- tion, relating to taxation. The ordinance was referred to the Committee on Municipal Corjjorations. Ordinance 74, by Mr. Bulger : To revise and amend Article XIII of the f>resent Con- stitution of the State, which relates to education. The ordinance was referred to the Committee on Education. Ordinance 75, by Mr. Burns : To exempt veterans of the Civil AVar from payment of licenses, etc. The ordinance was referred to the Committee on Taxation. Ordinance 76, by Mr. Burns : To add an additional section to Article VIII of the Constitution on Suffrage and Elections. The ordinance was referred to the Committee on Suffrage and Elections. Ordinance 77, by Mr. Carmichael, of Colbert : To amend Section 1, of Article XIII of the Consti- tution, relating to education. The ordinance was referred to the Committee on Education. Ordinance 78, by Mr. Carmichael, of Coffee: To regulate the granting of franchises by municipal corporations. The ordinance was referred to the Committee on Municipal Corporations. Ordinance 79, by Mr. Carmichael, of Coffee: To amend Section 24 of Article IV, of the present Constitution, relates to local legislation. The ordinance was referred to the Committee on Local Legislation. Ordinance 80, by Mr. Carmichael, of Coffee: To make the pay of the public school teachers a pre- ferred claim. The ordinance was referred to the Committee on Education. 104 Journal of Alabama Ordinance 81, bv Mr. Case, of DeKalb : To amend Article 1 of the Constitution, relating tO' declaration of rights. The ordinance was referred to the Committee on Preamble and Declaration of Kights. Ordinance 82, bv Mr. Duke: To amend Section 5 of Article V of the Constitution, relates to the election of Governor and other State offt- cers. The ordinance Avas referred to the Committee on Executive Department. Ordinance 83, by Mr. Duke: To amend Section 1, of Article IV of the Constitu- tion relating to age of Senators and members of the General Assembly. The ordinance was referred to the Committee on Legislative Department. Ordinance 84, by Mr. Eyster : To amend Section 2 of Article II of the Constitution relating to county boundaries. The ordinance was referred to the Committee on State and County Boundaries. Ordinance 85, by Mr. Eyster : Repealing paragraph 35 of the Declaration of Eights. The ordinance was referred to the Committee on Preamble and Declaration of Rights. Ordinance 86, by Mr. Eyster : Relating to State University. The ordinance was referred to the Committee on Education. Ordinance 87, by Mr. Ferguson, of Jefferson : An ordinance concerning the right of citizens to bear arms. The ordinance was referred to the Committee on Preamble and Declaration of Rights. Ordinance 88, by Mr. Pitts, of Tuscaloosa : An ordinance to repeal Section 38 of the present Bill of Rights. The ordinance was referred to the Committee on Preamble and Declaration of Rights. Ordinance 89, by Mr. Fletcher, of Madison : Constitutional Convention. 106- To amend Section 7 of Article XI of the present Con- stitution in regard to taxation of municipal corpora- tions. The ordinance was referred to the Committee on Taxation. Ordinance 90, by Mr. Foster, of Tuscaloosa : An ordinance to define general laws : The ordinance was referred to the Committee on Local Legislation. Ordinance 91, by Mr. Foster, of Tuscaloosa : An ordinance to amend Section 1 of Article VIII of the Constitution. The ordinance was referred to the Committee on. Suifrage and Elections. Ordinance 92, by Mr. Foster, of Tuscaloosa : An ordinance to amend Section 9 of Article XIII of the Constitution. The ordinance was referred to the Committee on Education. Ordinance 93, by Mr. Foster, of Tuscaloosa : An ordinance to further restrict the powers of the General Assembly. The ordinance was referred to the Committee on' Local Legislation. Ordinance 94, by Mr. Glover : An ordinance to amend Section 12, of Article I of the-, Constitution of Alabama. The ordinance was referred to the Committee on Preamble and Declaration of Rights. Ordinance 95, by Mr. Glover : An ordinance to amend Section 1 of Article XIII of the Constitution of Alabama. The ordinance was referred to the Committee on Education. Ordinance 96, by Mr. Graham, of Montgomery : To amend Section 1 of Article V of the Constitution- of Alabama. (Eelates to Executive Department.) The ordinance was referred to the Committee on- Executive Department. 106 JOUENAL OF AXiABAMA Ordinance 97, by Mr. Graham, of Montgomery: An ordinance to amend Sections 23 and 24 of Article IV of the Constitution of Alabama. (Kelates to Leg- islative Department. ) The ordinance was referred to the Committee on Legislative Department. Ordinance 98, by Mr. Graham, of Talladega : An ordinance to amend Section 25 of Article VI of the present Constitution. The ordinance was referred to the Committee on Judiciary. Ordinance 99, by Mr. Grayson, of Madison : An ordinance to amend Section 2 of Article I of the 'Constitution of 1875. (Relates to Declaration of Rights. ) The ordinance was referred to the Committee on Preamble and Declaration of Rights. Ordinance 100, by Mr. Grayson : To amend Article 13, of the Constitution of 1875. (Re- lates to education. ) The ordinance was referred to the Committee on Education. Ordinance 101, by Mr. Handley: Providing for a reduction on taxation in certain con- tingencies. (Referring to taxation.) The ordinance was referred to the Committee on Taxation. Ordinance 102, by Mr. Heflin, of Randolph: To confirm and ratify Section 12 of Article I of the Oonstitution. (Referring to right of trial by jur3^) The ordinance was referred to the Committee on Preamble and Declaration of Rights.) Ordinance 103, by Mr. Hinson : To amend Section 21 of Article IV of the Constitu- tion. (Relating to local laws). The ordinance was referred to the Committee on Legislative Department. Ordinance 101, by Mr. Howell: To regulate tlie mih^age and per diem of members of the General Assemblv. CONSTITUTION.VJL CONVENTION. 107 The ordinance was referred to the Committee on Legislative Department Ordinance 105, hj Mr. Howze: To require salaries of judges to be paid by the State. The ordinance was referred to the Committee on Judiciary. REPORT OF THE COMMITTEE ON RULES. Mr. Smith, of Mobile, acting chairman of the Com- mittee on Rules, submitted the following report : The Committee on Rules have considered the reso- lutions hereinafter mentioned, and beg leave to report in regard thereto as follows: It reports, as a substitute for resolution number 11, offered by Mr. Rogers, of Lowndes, the following reso- lution, and recommends its adoption by the Convention: Resolution 11 : Resolved, That until otherwise ordered, this Conven- tion shall meet regularly at 10 o'clock a. m., and stand adjourned at 1 o'clock p. jn. It reports favorably resolution Number 12, introduced by Mr. Bulger, of Tallapoosa, and recommends its adop- tion by the Convention. Said resolution reads as fol- lows : Resolution 12 : That, whereas, Hon. John B. Knox, the dis- tinguished President of this Convention, at the be- ginning of the permanent organization of the Conven- tion, delivered a most able address, outlining our plans, policies and duties looking to the framing of a Consti- tution for our State; therefore, be it Resolved, That the Secretary of this Convention be and he is hereby directed to have printed five thousand copies of the address for the use of the members of the Convention. Resolution 15 : It reports that the substance of resolution number 15, offered by Mr. Watts of ^lontgomery, has already been embodied in the rules of the Convention, and that fur- ther consideration thereof has, therefore, become un- necessary. T^esolution 14 : 108 Journal of Alabama It reports favorably upon resolution number 14, in- troduced by Mr. Kogers, of Sumter, and recommends its adoption by the Convention. Said resolution reads as follows : Kesolved, That the Secretary of this Convention pro- cure and have printed in consolidated form, for the usfr of its members, five hundred copies of those sections relating to suffrage in the Constitutions of the follow- ing States : Connecticut, Massac^husetts, Maryland, Pennsylvania, North and South Carolina, Mississippi,. Louisiana, California and Utah. The said resolutions hereinabove referred to are here- with returned to the Convention. Resolution 14: Mr. O'Neal, of Lauderdale, offered the following amendment to resolution 14 : Amend by adding to resolution number 14 at the end thereof the following: "With the duties of the adoption of such Constitution, and the last statutes of the State of Massachusetts in reference to Suffrage and Elections. The amendment was accepted by the committee. Resolution 14 : Mr. Cunningham offered the following amendment to resolution 14 : Amend by adding to such of the Constitution of the United States as relates to Suffrage and Elections. The amendment was accepted by the committee. Resolution 11: Mr. Jones, of ^Montgomery, offered the following amendment to resolution 11 : "Amend resolution 11 by striking out the words 'one o'clock p. m.' and inserting in lieu thereof the words 'at will.' " The amendment was lost. Resolution 11 : ^Fr. Kirk offered the following amendment to reso- lution 11 : Amend by striking out the words "one o'clock p. m.'^" and inserting in lieu thereof the words "two o'clock p. jn." The amendment was lost. The report of the committee, as amended, was adopted.. COXSTITUTIOXAL COXVEXTION. 109 MEMORIALS. The President laid before the Convention a memorial from Booker T. Washington, as chairman of a special c-ommittee, in behalf of the negro race. ADJOURNMENT. On motion of Mr. Greer, of Calhoun, the Convention adjourned until to-morrow morning at 10 o'clock. EIGHTH DAY. Convention Hall. Montgomery, Ala., Thursday, May 30, 1901. The Convention met pursuant to adjournment. Praj'er was offered by Rev. Neal Anderson of the city. ROLL CALL. On a call of the roll of the Convention the follow- g- delegates an tuted a quorum : ing delegates answered to their names, which consti Messrs. President, Browne, Almon, Bulger, Altman, Burns, Ashcraft, Byars, Banks, Cardon, Barefield, Carmichael (Colbert), Bartlett, Carmichael (Coffee), Beavers, Carnathon, Beddow, Case, Bethune, Chapman, Blackwell, Cobb, Boone, Cofer, Brooks, Coleman (Greene), Coleman (Walker), 10 Journal of Alabama Craig, CuDiiingliam, Davis (DeKalb), deGraffenried, Duke, Eyster, Espy, Fletcher, Fosliee, Foster, Freeman, Gilmore, Glover, Graham (Talladega),, Grant, Grayson, Greer (Calhoun), Greer (^Marion), Haley, Handley, Heflin (Chambers)^ Heflin (Randolph), Henderson, Hinson, Hodges^ Hood, Howell, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Hale), Jones (Montgomery),. Jones (Wilcox),. Kirk, Kirkland, Knight, Kyle, Ledbetter^ Leigh, Locklin^ Long (Butler), Lowe ( Lawrence ) , Macdonald, McMillan (Baldwin),. McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Morrisette, Mulkey, Murphree, NeSmith, Norman, Norwood, Gates, O'Neal (Lauderdale),. O'Neill (Jefferson), Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Pillans, Porter, Proctor, Reese, Reynolds ( Chilton )y Reynolds (Henry), Robinson, Rogers (Lowndes),, Rogers (Sumter), Sam ford, Sanders, Sanford,. Searcy, Constitutional Convention. Ill Selheimer, Walker, Sentell, Watts, Sloan, Weakley, Smith (Mobile), Weatberly, Smith, Mac. A., White, Sjiiith, Morgan M., Whiteside, Sollie, Willett, Sorrell, Williams (Barbour), Spears, Williams (Marengo). Spragins, Williams (Elmore), Stewart, Wilson (Clarke), Tayloe, Wilson (Washington). Vaiighan, Winn. Wacidell, LEAVES Oi" ABSENCE. Was granted to Messrs. Burnett, indefinitely; King,, of Marengo, until Tuesday; Graham, of Montgomery,, for to-day. announcement of PLACES OF COMMITTEE MEETINGS. Mr. Coleman, of Greene, announced the hour and place of the committee meetings as follows : Suffrage, 9 a. m.. Senate Chamber. Education, 4 to 5 p. m.. Supreme Court room at call of the chairman. Legislative Department, 3 to 4 p. m., 22^ South Perry- street. Taxation, 5 p. m.. Supreme Court library. Corporations, 4 p. m., Senate Chamber. Local Legislation, 8 p. m., Supreme Court library , at the call of the chairman. Executive, 4 p. m., 16 Perry street. Municipal Corporations, 8 p. m., place to be selected. Judiciary, 5 :30 p. m., Graham & Steiner's office. Banking, room 5, Merchant's Hotel ; call of chairman.. Exemptions, 4 :30 p. m.. House Representatives ; call of the chairman. State and County Boundaries, 8 p. m., Senate Cham- ber, at the call of the chairman. .112 Journal of Alabama Impeachments, at the call of the chairman. Amending Constitution, 1 p. m., Supreme Court room, at the call of the chairman. Schedule and Printing, 9 :30 a. m., House of Repre- sentatives, Thomas W. Coleman, Chairman. Mr, Sanford announced that the Committee on Muni- cipal CoriDoratious would meet in the law office of Hon. John W. A. Sanford, Jr., corner Perry and Dexter ave- nue. Mr. Watts offered an amendment to the report of Committee meetings as follows : "The Committee on Local Legislation will meet at 8 p. m. at the office of Watts, Troy & Caffey." The amendment was accepted by the committee, STENOGRAPHIC REPORT. Mr. Howell offered the following resolution, and the rules were suspended and the resolution was adopted : Resolution 60, by Mr. Howell : Whereas, some errors have been found in the official re- ports of the published proceedings of this Convention, and in order that these errors in future may be cor- rected. Be it therefore resolved. That the stenographer is hereby directed each day to correct any error which may have been made in reporting the proceedings on the preceding day, under the appropriate head. Mr. Ferguson called the attention of the Convention to a mistake in the stenographic report of the proceed- ings of yesterday, as follows: Resolution 45 : The stenographic reports reads: Second — The inability to read and write is not a test of good citizenship. The resolution read and still reads: "Is not a test of had citizenship." REPORT OF THE COMMITTEE ON JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report: Constitutional Convention. 113 The Committee on the Journal beg leave to report that thej have examined the Journal for the seventh day of the Convention, and that the same is eorrect. Respeetfullv suhmitted, John F. Proctok, CluiiniKiii. The report of the committee was concurred in. Mr. Greer, of Calhoun, moved that the reading of the Journal he dispensed Avith and that the same be ap- proved. The motion prevailed. RECOMMITTAL OF ORDINANCES. Mr. Graham, of Talladega, returned to the Convention Ordinance 50, Ordinance 50 : To amend Section 3 of Article VIII of the present Constitution. And requested that the same be re-referred to the Committee on Suffrage and Election. The ordinance was so referred. Mr. Fletcher moved to recall from the Committee on Taxation Ordinance 89 : To amend Section 7, Article XI of the present Con- stitution in regard to the taxation of municipal cor- porations. And to refer same to the Committee on Municipal Corporations. The motion prevailed, and the ordinance was so re- ferred. ORDINANCES ON FIRST READING. The following ordinances Avere introduced, severally read one time at length, and referred to appropriate committees as follows : Ordinance 106, by Mr. Jackson : To readopt Section 10 of Article XIII of the Consti- tution of 1875 relating to the removal of the State Uni- versity or the Agricultural and INIechanical College. 8 114 Journal of Alabama The ordinance was referred to the Committee oru Education. Ordinance 107, by Mr. Jones, of Montgomery: An ordinance to amend Sections 9 and 10 of Article- XIII of the Constitution. The ordinance ^yas referred to the Committee on. Education. Ordinance 108, by Mr. Jones, of Montgomery : An ordinance to amend Section 21 of Article VI. The ordinance was referred to the Committee on. Judiciary. Ordinance 109, by Mr. Jones, of Montgomery: An ordinance to amend Section 11 of Article V of the Constitution. The ordinance was referred to the Committee on Executiye Department. Ordinance 110, by Mr. Jones, of Montgomery: An ordinance to proyide for the safe and productive- use of surplus public funds in the treasury. The ordinance was referred to the Committee on Banks and Banking. Ordinance 111, by Mr. Jones, of Wilcox : An ordinance to amend Article IX of the Constitu- tion on representation. The ordinance was referred to the Committee on Representation. Ordinance No. 112, by Mr. Kirk: An ordinance to amend Sections 3, 5 and 9 of Article IV of tile Constitution. ( Relates to Legislatiye De- partment. ) The ordinance \Aas referred to the Committee on Legislatiye Department. Ordinance 113, by Mr. Kirkland : An ordinance to amend Section 2 of Article II of the' Constitution of the State of Alabama. The ordinance A\'as referred to the Committee on State and County Boundaries. Ordinance 114,'by :\[r. Kirkland, of Dale: An ordinance to establish a Railroad ('ommission for the State of Alabama. The ordinance was referred to the Committee on- Corporations. Constitutional Convention. 115 Ordiiiaiu-e 115, by ^fr. Kirkland, of Dale: An urdiiiauce to amend Section C of Article IV of the present Constitution. The ordinance was referred to the Committee on Legislative Department. Ordinance 110, by ^Ir. Kirkland, of Dale: Be it ordained by the people in Convention assembled : That members of the General Assembly, Presidential Electors, witnesses before any court, and others who ma}' be entitled to draw mileage, as compensation in part for their services, shall be allowed the sum of three cents per mile, each way, and no more, to be computed by the route most usually traveled. The ordinance was referred to the Committee on Judiciary. Ordinance 117, by ^Ir. Kirkland, of Dale: An ordinance to amend Section 5 of Article IV of the present Constitution of Alabama. The ordinance was referred to the Committee on Legislative Department. Ordinance 118, by Mr. Kirkland, of Dale: An ordinance to amend Section 16 of Article V of the present Constitution. The ordinance was referred to the Committee on Executive Department. Ordinance 119, by Mr. Locklin, of Monroe: An ordinance that the qualifications for electors in this State shall be the same as prescribed in Article VIII of the present Constitution. The ordinance was referred to the Committee on Suffrage and Elections. Ordinance No. 120, by Mr. Macdonald : An ordinance to amend Section 7 of Article XI of the Constitution. The ordinance was referred to the Committee on Corporations. Ordinance No. 121, by Mr. Macdonald : An ordinance to amend Section 3 of Article XIV of the Constitution. The ordinance was referred to the Committee on Corporations, 116 Journal of Alabama Ordinance No. 122, bv Mr. McMillan, of Wilcox: (Kelates to the formation of the new counties). Be it ordained by the people of Alabama, in Conven- tion assembled, that no act of the General Assembly creating" or forming new counties shall become a law until the same shall have been submitted to the quali- fied electors residing within the boundaries of the county to be formed, and must be approved by a ma- jority of such electors voting on same, and such act shall specify the proposed boundaries. The ordinance was referred to the Committee on State and County Boundaries. Ordinance No. 123, by Mr. McMillan, of Wilcox: (Eelating to the removal of county sites.) Be it ordained by the people of iVlabama, in Con- vention assembled, that no act of the General Assembly changing the county site of any count}' shall become a law until the same shall have been submitted to the qualified electors of the county at an election, and ap- proved by a majority of such electors voting on same, and such act shall specify the proposed new location. The ordinance was referred to the Committee on State and County Boundaries. Ordinance No. ^24, by Mr. Maxwell : An ordinance to repeal Section 8 of Article XI of the Constitution of Alabama. The ordinance was referred to the Committee on Taxation. Ordinance No. 125, by Mr. Maxwell : An ordinance to amend Section 1 of Article VII of the Constitution of Alabama. The ordinance was referred to the Committee on Impeachment.. Ordinance No. 126, by Mr. Maxwell: An ordinance to create the office of Lieutenant Gov- ernor of Alabama, and to define the qualifications and duties of such officer. The ordinance was referred to the Committee on Executive Department. Ordinance No. 127, by Mr. Maxwell : Constitutional Convention. 117 An ordinance to amend Section 8 of Article IV of the Constitution of Alabama. The ordinance was referred to the Committee on Le.uislative Department. Ordinance No. 128, b}- Mr. A. H. Merrill, of Barbour : An ordinance to declare the status of married women. The ordinance was referred to the Committee on Judiciary. Ordinance No. 129, b}' Mr. Miller, of AVilcox : An ordinance to amend Section 8 of Article IV of the Constitution as to the election of President of Sen- ate and Speaker of the House. The ordinance was referred to the Committee on Leiiisiative Department. Ordinance No. 130, by Mr. J. T. Ashcraft : An ordinance to alter and amend Article XIII of the present Constitution, relating to Education. The ordinance was referred to the Committee on Education. Ordinance 131, by Mr. Murphree: Amending Section 47, Article IV, of the Constitu- tion, referring to duelling, concealed pistols and other deadly weapons. The ordinance was referred to the Committee on Legislative Department. Ordinance 132, by VaV. Murphree: Amending Section 23, Article XIV, of the Constitu- tion of Alabama, referring to free transportation from railroad companies. Tlie ordinance was referred to the Committee on Corporations. Ordinance No. 133, by Mr, Murphree: Addition to the Article XIV of the Constitution of Alabama, relating to freight and passenger tariff rates. The ordinance Avas referred to the Committee on Corporations. Ordinance 134, by ]Mr. Murphree r Amending Section 5, Article V of the Constitution of the State of Alabama, relating to the election of State officers. 118 Journal of Alabama Tlie ordimuiee was referred to the Committee on Executive Department. Ordinance 135, by Mr. XeSmith : To amend Article' IV of the Constitution of Alabama, relating to legislation. The ordinance was referred to the Committee on Legislative Department. Ordinance No. 136, by Mr. Oates: To amend Article XI of the Constitution of the State by adding thereto another Section, relating to tlie removal of county seats. The ordinance was referred to the Committee on State and County Boundaries. Ordinance 137, by Mr. Oates: To amend Article IV, Sections 1 and 2 of the Con- stitution, referring to elections. The ordinance was referred to the Committee on Legislative Department. Ordinance No. 138, by Mr. Oates: To preserve the purity of the ballot. The ordinance was referred to the Committee on Suffrage and Elections. Ordinance No. 139, by Mr. Oates: For the abolition of the Chancery Court. The ordinance was referred to the Committee on Judiciary. Ordinance No. 140, by Mr. Oates: An ordinance to authorize the Governor, with the ad- vice and consent of the Senate, to appoint and remove for cause tlie Attorney (Tcneral. The ordinance was referred to the Committee on Executive Dei)artment. Ordinance 141, by ^Ir. Oates : An ordinance proposing certain prohibitions and re- strictions ui)on the power of the Legislature. The ordinance was referred to the Committee on Legislative Department. Ordinance 142, by ^Fr. Oates: An ordinance to regulate and define the powers of legislation, touching local and special laws. Th(^ ordinance was refi^rred to the Committee on J^egislative Department, Constitutional Convention. 119 'Ordinance 143, b}^ Mr. O'Neal, of Lauderdale: Prohibiting the grant by any city, town or other municipality of any franchise or privilege; or the mak- ing of any contract in reference thereto, for a term ex- ceeding twenty years, and requiring such grants to be made at public auction to the highest bidder. The ordinance was referred to the Committee on Mnm cipa 1 Corporations. Ordinance 144, by Mr. O'Neal, of Lauderdale: To amend Sections of Article XI of the Constitution of Alabama, referring to taxation. The ordinance was referred to the Committee on Taxation. Oi-diuance 145, by Mr. O'Neal, of Lauderdale : To amend Section 5, of Article XI of the Constitu- tion of Alabama, relating to the debt of the State. The ordinance was referred to the Committee on Taxation. Ordinance 14(5, by ]Mr. O'Neal, of Jefferson: 1 o amend Article XIII of the Constitution, in rela- tion to education. The ordinance was referred to the Committee on Education. Ordinance 147, by Mr. Williams, of Marengo: 'JV» regulate the powers of Corporations to engage in business. The ordinance was referred to the Committee on Corporations. Ordinance No. 148, by Mr. Williams, of Marengo: To pr(diibit the State of Alabama from engaging in certain business. The ordinance was referred to the Committee on Judiciary. Ordinance 149, by Mr. Williams, of Marengo : To provide for jury trials in certain cases. The ordinance was referred to the Committee on Judiciary. Ordinance 150, by Mr. Parker, of Cullman : An ordinance to amend Article 2 of the Constitution by adding Section 3 thereto, requiring a two-thirds Yote to remove a county site. 120 Journal of Alabama The ordinance was referied to the Committee on State and County Boundaries. Ordinance 151, by Mr. Pearee: To amend Section 1 of Article XI of the present Constitution. The ordinance was referred to the Committee on Taxation. Ordinance 152, by Mr. Pettus: To disfranchise negroes and persons of African de- scent in tlie State of Ahibama. The ordinance was referred to the Committee on Suffrage and Elections. Ordinance 153, by Mr. Pillans : To amend Article VI of the Constitution of Ala- bama. Relates to the Judicial establishment. The ordinance was referred to the Committee on Judiciary. Ordinance 151, by Mr. Pillans : An ordinance to amend Article V of Section 12 of the Constitution of the State of Alabama, which relates, to pardons. The ordinance was referred to the Committee on Executive Department. Ordinance No. 155, by Mr. Keese, of Dallas: An ordinance to provide for the election of officers discharging the duties of Railroad Commissioners and Convict Inspectors. The ordinance was referred to the Committee on Corporations. Ordinance 156, by Mr. Reese: To constitute a part of Article V of the Constitution, (Executive Department. ) The ordinance was referred to the Committee on Executive Department. Ordinance 157, by Mr. Watts: To amenOj for ^Monday; Greer, of Cal- houn, indefinitely; Lowe, of Lawrenee, for Monday; Mul- key, for Monday and Tuesday; Jones, of Montgomerj', for to-day ; Greer, of Perry, for Monday ; Grant, for Mon- day, Tuesday and Wednesday; Inge, for Monday and Tuesday, until 12 m. ; Williams, of Elmore, for Monday, ADJOURNMENT. Mr. Browne moyed that when the Conyention adjourn to-day that it adjourn to meet Monday at 12 m. The motion j)reyailed. RECONSIDERATION. Mr. Grayson moyed that the yote by which the motion of Mr. Browne, fixing the time of adjournment for to- day, be reconsidered. Mr. Wlllett raised the point of order that the motion of Mr. Grayson was out of order, in that a motion to ad- journ could not be reconsidered. The point of order was sustained. REPORT OF THE COMMITTEE ON RULES. Mr. Smith, of Mobile, acting chairman of the Commit- tee on Rules, submitted the following report : The Committee on Rules begs to report to the Conven- tion that it has had under consideration the resolutions hereinafter mentioned, and reports thereon as follows: The committee reports favorably upon resolution number 41, introduced by Mr. Altman, of Sumter, and recommends its adoption by the Convention. Said resolution reads as follows : Be it resolved, That three hundred 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 num- ber 34, introduced by Mr. Reese, of Dallas, and recom- Constitutional Convention. 133 mends its adoption by the Convention, wliicli resolution reads as follows: Kesolved, That for the purpose of easy reference, the Kules Committee, or such other committee as shall have supervision of the printing of the records of the proceed- ings, sliall cause the pages constituting such record, to be numbered consecutively in the same numuer as now practiced in the Congressional Kecord of the Congress. The committee reports favorably to resolution num- ber 71, introduced by Mr. O'Neal, of Lauderdale, and recommends its adoption b}" the Convention, which reso- lution reads as follows : A resolution to adopt the present Constitution of the State of Alabanui by this (Convention, su])ject to such revision and amendments in any article, section or part thereof as this Convention may hereafter determine. That whereas the act of the Ceneral A'ssembly of Ala- bama, which provides for the holding of this Convention^ declares that this Convention shall continue in session until it shall, l\y careful revision and amendments of the present Constitution, frame and adopt a revised Consti- tution for this State. Therefore, lie it resolved, That tlie present Constitu- tion 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 anv article, section, (dause or part there- of. The committee reports adversely to resolution number 82, introduced by Mr, Oates, of Montgomery, and recom- mends that it be not adopted by the Convention, because the operation of the resolution of ]Mr. Oates is i-dentical with the operation of resolution number 71, by Mr. O'Neal, of Lauderdale, hereinabove reported favorably, and the committee reports adA'ersely to this resolution only for the reason that its sul)ject nuitter is fully cov- ered by the resolution of ^Ir. O'Neal. Said resolution nund)er 82, introduced by Mr. Oates, reads as follows : Resolved, That the present Constitution shall be the 1 nsis for action by this Convention, and all its provisions which are not abrogated by repeal nor amended shall be and remain parts of the new Constitution. 134 Journal of Alabama The committee reports favorabl}' to resolution num- bf^r 7G, introduced by Mr. Proctor of Jackson, and recom- mends its adoption by the Convention. Said resolution reads as follows: Kesolved, That the readinj*- 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 number 80, introduced bv Mr. lieese, of Dallas, and recommends its adoption by the Convention. Said resolution reads as follows : Eesolved, Tlmt 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 num- ber 50, introduced by Mr. Henderson, of Pike, and recom- mends that it be not adopted by the Convention, for the reason that resolution Xo. 41, introduced by Mr. Altman, of Sumter, covers the same matter, and has been favor- ably reported. Said resolution reads as follows: licsolved. That five hundred copies of the present Con- stitution be printed for the use of members of this Con- vention. The said resolutions hereinabove referred to are here- with returned to the Convention. iNfr. Wilson, of Clarke, offered as a substitute for reso- lution 71, reported favorably in the above and foregoing- report of the Committee on liules, the following: Resolved by the Convention, That each committee re- port to the Convention the article or sections of the pres- ent Constitution, whicli it is appropriate for said com- mittee to consider, and as to which no amendment has been j)r()i)osed, and wliich, in tlie judgment of the com- mittee having charge of the article or sections, should not be amended. ]\rr. CarmiclKiel, of Colbei-t, offered an aiiu^ulment to the substitute^ offered by Mr. Wilson, of Chirke, as fol- lows : Constitutional Convention. 135 Eesolved, That the Committee on Order and Harmony •-of the Constitution be directed to report back to the Con- vention ^^'hen the}' make tinal report, such parts of the old Constitution as have not been amended b}' proposed ordinances, as a part of the proposed new Constitution. The substitute and amendment, after discussion pro and con b}^ tlie various delegates, were, b}^ consent, with- drawn." Mr. Pillans offered the following substitute for resolu- tion number 71, reported favorably in the above and foregoing report of the Committee on Kules : Resolved, That it is the sense of this Convention that all ordinances hereafter offered shall be confined to the statement of the new matter offered, without the un- necessai\y repetition of the existing Constitution. The s-ttbstitute offered by Mr. Pillans was accepted by the chairman of the Committee on Rules. "Resolution 71, by Mr. O'Neal, of Lauderdale: To adopt the present Constitution of the ir^tate of Ala- bama by this Convention, subject to such revisions and amendments in any article, section or part thereof, as this Convention may hereafter determine. That whereas the act of the General x\ssembly of Ala- bama, which provided for the holding of this Convention, declares that this Convention shall continue in session nntil it shall by careful revisions and amendments of the present Constitution, frame and adopt a revised Con- stitution for this State. Therefore, be it resolved. That the present Constitu- tion of the State of Alabama be and the same is hereby adopted by this Convention as the Constitution of the State of Alabama, subject only to be revised, amended or altered in any article, section, clause or part thereof." And the substitute offered by Mr. Pillans be recom- mitted to the Committee on Rules. Resolution 71 : The motion prevailed, and the resolution 71 and sub- stitute were recommitted to the Committee on Rules. Mr. O'Neal moved that the report of the Committee on Tallies, with the exception of resolution 71, be adopted. The resolution prevailed, and the report was adopted. 136 Journal of Alabama^ resolutions. The following resolutions were introduced, severally read one time at length, and referred to appropriate- committees as follows : Eesolution S3, by Mr. Pettus: Be it resolved, That hereafter all ordinances and reso- lutions 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 resolution was referred to the Committee on Rules. Resolution 84, by Mr. Sanford, of Montgomery : Resolved, That during the call of the roll for the in- troduction of resolutions and ordinances, no discussion' upon any sul)ject shall be heard hy the Convention, and all such discussions shall be considered out of order. The resolution was referred to the Committee on Rules. Mr. Sanford moved that the rules be suspended and that the resolution be^dopted. Resolution 84 : The motion was lost, and the resolution was referred to the Committee on Rules. Resolution 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. The r(\solution was referred to the Committee on Rules, Resolution 86, by Mr. Long, of AV^alker: AVhereas, a resolution making an appropriation from the State Treasury of |70 a day for a stenographic re- Constitutional Convention. 137 port 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 proceeding, 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 the stenographic report after paying all the expenses by the State connected therewith to the date of cancellation. The resolution was referred to the Committee on Rules. Resolution No. 87, liy Mr. Vaughan : Resolved, That no delegate shall introduce a resolu- tion or ordinance until his name is reached on the roll call, except under a suspension of the rules. The resolution was referred to the Committee on Rules. Resolution No. 88, by Mr. Reynolds, of Chilton : Be it resolved by the people of Alabama, in Conven- tion 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. The resolution was referred to the Committee on Executive Department. Resolution No. 89, by Mr. Reynolds, of Chilton : Be it resolved by the people of Alabama, in Conven- tion 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 jKir- pose alone, to the people of that community, and a ma- jority of the qualified voters shall have, at said election, approved of the passage of such stock law. The resolution was referred to the Committee on Legislative Department. Resolution No. 90, by 3Ir. Reynolds, of Chilton : Be it resolved by the pec^ple of Alabama, in Conven- tion assembled that no person shall be permitted ta marry within five years after obtaining a divorce. 138 Journal of Alarama The resolution was referred to the Committee on Judiciarv. Kesolntion No. 91, by Mr. Weatherly, of Jefferson: Whereas, the General Assembly of Alabama did pro- vide for the holding of this Convention by an act en- titled "An act to provide for holding a Convention to revise and amend the Constitution of this State," ap- proved December 11th, 1900 ; and, whereas, in and by Sections 15 to 214, inclusive, of said act, it was proyided that certain matters should and that certain matters should not be incoi^porated in any Constitution which this Conventi(m might adopt; and Whereas, The question of whether or not this Conven- tion 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 require- ments of said act ; Now, therefore, be it resolved, That the Judiciary Committee of this Convention be and it is hereby in- structed to report to this Convention at an early day to what extent, if any, this Convention is bound by the re- quirements contained in said Sections 15 to 214^ of said act considered as a mere legislative enactment independ- ently of the 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. Resolution 92, by Mr. Espy : 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 sliall be introduced by any delegate for con- sideration by this Convention. The resolution was referred to the Committee on Rules. Resolution 93, by ]Mr. Williams, of Elmore: Resolution to provide for a Committee on Pensions for 'Confederate soldiers. Constitutional Convention. 139 Be it resolved, That the chairman of the Rules Com- ;mittee be authorized to appoint a committee of nine, of whicli Governor William C. Gates shall be cliairman, said committee to be styled and known as Pensions Com- mittee for Confederate Soldiers. The resolution was referred to the Committee on Rules. Resolution 94, by Mr. AVilliams, of Elmore: Resolution for the appointment of the following stand- ing committees : Be it resolved that the chairman of tlie Rules Com- mittee appoint three standing committees of nine mem- bers each ; to- wit : A Committee on Federal Relations, a Committee on Agriculture, Commerce and Industry, and a Committee on Temperance. Tlie resolution was referred to the Committee on Rules. Resolution 95, by Mr. Wilson, of Clarke : Resolved, That the Secretary of the Convention be, and he is authorized to purchase such blank books, sta- tionery and other necessary supplies as may be necessary for the use of his office. The resolution was referred to the Committee on Rules. Resolution No. 96, by ^Ir. Wilson, of Clarke: Resolved, That the clerks of the several committees of this Convention shall, when not engaged in attend- ance upon the meetings of their several committees, re- main 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 them by the several members of the committee of which they are clerks. The resolution was referred to the Committee on liules. Resolution 97, by Mr. Winn : A resolution relating to the form of ordinances sub- mitted. Be it resolved by this Convention that all ordinances shall relate to but a single article or subject matter, in 140 Journal of Alabama order to the reference of the same to tlie appropriate- committee. Second, be it further resolved that no ordinance offend- ing tliis rule shall be received or referred. The resolution was referred to the Committee on Rules. ORDINANCES ON FIRST READING. The following ordinances were introduced, severally read at length one time, and referred to appropriate committees as follows: Ordinance 163, by Mr. W. T. Sanders : To amend Article VIII of the Constitution by striking out the whole thereof, and inserting a new article. Re- lates to Suffrage and Elections. The ordinance was referred to the Committee on Suffrage and Elections. Ordinance 161, by J. W. A. Sanford : To amend Section 51, Article IV and to authorize the State to construct and own works of internal improve- ment. The ordinance was referred to the Committee on L?gislative Department. Ordinance 165, by J. W. A. Sanford: To i)rohibit the General Assembly from abolishing the military system of education in the University of Ala- b. j-'ii, and in the Alabama Polytechnic Institute. The ordinance was referred to the Committee on Education. Ordinance 166, by J. W. A. Sanford: To amend Section 2 of Article I of the Constitution by striking out the words "or who shall have legally de- clared their intention to become citizens of the United States." The ordinance was referred to the Committee on Preamble and Declaration of Rights. Orama. The ordinance was referred to the Committee on Legislative Department. Ordinance 168, by Mr. Selheimer: Constitutional Convention. 141 To ameud Section 13 of Article V of the Coustitution of Alabama. The ordinance was referred to the Committee on Executive Department. Ordinance 169, by Mr. Sentell, J. O. : To amend Section 2 of Article X of the present Con- stitution. (Kelates to exemptions.) The ordinance was referred t') the Committee on Exemptions. Ordinance 170, b}' Mr. J. 1\. Beavers: To declare null and void the act of March 5, 1901, with accompanying memorial, (lielates to count}' seat of Shelby count}'.) The ordinance was referred to the Committee on State and County Boundaries. Ordinance 171, by Mr. M. M. Smith : To fix the salary of Governor. The ordinance was referred to the Committee on Executive Department. Ordinance 172, by Mr. M. M. Smith : To amend Section 7 of Article X of Constitution of Alabama. ( Refers to Exemptions.) The ordinance was referred to the Committee on Exemptions. Ordinance 173, by Mr. M. M. Smith : To exempt cotton manufactories from taxation for ten years. The ordinance was referred to the Committee on Taxation. Ordinance 171, by Mr. Sollie : Be it ordained by the people of Alabama, in Conven- tion 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 de- scended 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. The ordinance was referred to the Committee on Suffrage and Elections. Ordinance 175, by Mr. M. Sollie: 142 Journal of Alabama To amend iSectiou 38 of Article I of the Constitution.. (Kelates to qualifications for suffrage.) The ordinance was referred to the Committee on Suffrage and Elections. Ordinance 176, bv Mr, SoUie: To confer the right of suffrage on certain people. The ordinance was referred to the Committee on Suffrage and Elections. Ordinance 177, by Mr. Kyle: To amend suffrage clause of the Constitution. The ordinance was referred to the Committee on. Suffrage and Elections. Ordinance 178, by Mr. Tayloe : Regulating appropriations by the General Assembly. The ordinance was referred to the Committee on Legislative Department. Ordinance 179, by Mr. Tayloe, of Perry: Kelating to the Committees in the General Assembly, whose duty it is to raise revenues. The ordinance was referred to the Committee on Legislative Department. Ordinance 180, by Mr. deGralfenried : To amend Secton 10 of Article VI of the Constitution of the State of Alabama, relative to the salary of judges. Tlie ordinance was referred to the Committee on Judiciary. Ordinance 181, by ]Mr. Vaughan, of Dallas : To amend Section 27 of Article IV of the Constitution of Alabama, relating to the signing of bills and joint resolutions by the presiding officer of each house. The ordinance was referred to the Committee on Legisla ti ve Departm ent. ()rdinaiice 182, by :\Ir. B. B. Boone: To add ail additional section to the Declaration of rights. The ordinance was referred to the Committee on Preaml)le and Declaration of Rights. Ordinance 183, by Mr. B. B. Boone: To regulate the organization and classification of cities and towns:. Constitutional Convention. 143^ The ordimmce was referred to the Committee on Muuieipal Corporations. ■ Ordinance lb'4, hy Mr. AValker, of Madison: To fix the term of office of the Chief Justice and Asso- ciate Justices of the Supreme Court. The ordinance was referred to tlie Committee on Judiciary. Ordinance 185, by Mr. AVallier : To amend Section 17 of Article VI of the Constitution. (Keferring to vacancies in the offices of Judges.) Tlie ordinance was referred to the Committee on Judiciary. Ordinance 180, by Mr. Weakley : To provide for the organization, classification and government of villages, towns and cities of Alabama. The ordinance was referred to the Committee on Municipal Corporations. Ordinance 187, by Mr. Weakley, of Lauderdale : To permit municipalities in the State of Alabama hav- ing more than 2,000 inhabitants, to establish municipal courts. The ordinance was referred to the Committee on Municipal Corporations. Ordinance 188, by Mr. Weakley, of Lauderdale : To limit the indebtebruary 28th the two Houses adjourned over to ^March 2nd, when the bill was re- ported favorably by tlie committee, read second time, and ]daced on the Senate calendar. The two houses again recessed from ^farch 2d to March 5th, when the bill was called up, read third time, and passed at the afternoon session. Later on the same day it was signed by the presiding officers of the two Houses in the pres- ence of their respective Houses, after its title had been publicly read and the fact entered on the Journal. It received executive approA-al the same day. It will be seen that the ]»ill went upon the House calendar on February 26th, seven days before the final adjournment of the Legislature, and that the wholesale aspei-sions att(^in])te banking or depository ; State funds. The ordinance was referred to the Committee on Banks and Banking. Ordinance 245, by Mr. Morrisette: To amend Article VIII of the Constitution, by strik- ing out the whole thereof, and inserting another article. The ordinance was referred to the Committee on Suffrage and Elections. Ordinance 246, by Mr. Grayson: To amend Sections 4 and 5 of Article XI of the Con- stitution. The ordinance was referred to the Committee on Taxation. Ordinance 247, by Mr. Grayson: To provide for the payment of the public debt. The ordinance was referred to the Committee on Legishitive Department. Ordinance 248, by Mr. Harrison: To limit the issue of bonds or other evidences of debt by cities and towns in this State. The ordinance was referred to the Committee on Municipal Corporations. Ordinance 249, by Mr. Hefiin, of Randolph: Referring to tlie office of Justice of the Peace, Notary Public and Constable. The ordinance was referred to the Committee on Judiciary. Ordinance 250, by :Mr. J. C. Henderson : To fix the time for the assembling of the General As- sembly. The ordinance was referred to. the Committee on Legislative Department. Constitutional Convention. 173 Ordinance 251, by Mr. J. C. Henderson : Providing for the bonding of State and County ofiti- Jo. 262, by Mr. Jones, of Montgomery: To provide for a Board of Conciliation. The ordinance was referred to the Committee on Executive Department. Oidinance 263, by 3Ir. Jones, of Wilcox : To amend Section 3 of Article VIII of the Constitu- tion. The ordinance was referred to the Committee on Suffrage and Elections. Ordinance Xo. 2(>4, by Mr. Jones, of Wilcox: To amend Section 2 of Article X of the Constitution. The ordinance was referred to the Committee on Exemptions. Ordinance No. 2()5, by Mr. Jones, of Wilcox: To anuMid Section 1 of Article XIII of the Constitu- tion. The ordinance was referred to the Committee on Education. Ordinance 26(5, by Mr. Rogers, of Lowndes: To amend Section 1 of Article II of the Constitution. The ordinance was referred to the Committee on Taxation. Ordinance 2(>7, by Mr. Ledbetter: That the office of Examiner of Public Accounts be and the same is hereby continued. The ordinance was referred to the Committee on Executive Department. Ordinance 268, l)v ^Nfr. Ledbetter: COxNSTITUTlONAL CONVENTION. 175- That Probate Judges shall be elected every four years. (Relates to the election and salary of Probate Judge.) The ordiuance was referred to the Committee on Judieiar}'. Ordinance 269, by Mr. Lons>, of Walker: To amend Section (> of Article XI of the Constitution of Alabama. The ordinance was referred to the Committee on Taxation. Ordinance 270, by Mr. Lonuj, of AValker : To prescribe the qualification of electors, and to bet- ter provide for fair elections in the State of Alabama. The ordinance was referred to the Committee on Suffrage and Elections. Ordinance 271, by Mr. Lowe, of Jetferson : To prescribe the time of election of Justices of the Supreme Court, Circuit Judges, Chancellors and Pro- bate Judges. The ordinance was referred to the Committee on Judiciary. Ordinance 272, by Mr. Lowe, of Jefferson: To prescribe the term of office of Justices of the Su- preme Court, Circuit Judges, Chancellors and Probate Judges. The ordinance was referred to the Committee on Judiciary. Ordinance 273, by INIr. Parker, of Elmore : To amend Article XVI of the Constitution. The ordinance was referred to the Committee on Amendments to the Constitution and Miscellaneous Provisions. Ordinance 274, by Mr. Oates, of Montgomery: To amend Article VIII of the Constitution, as to the qualification of electors. The ordinance was referred to the Committee on Suft'rage and Elections. Ordinance 275, by Mr. Oates, of Montgomery : To improve the judicial system of the State. The ordinance was referred to the Committee on Judiciary. Ordinance 276, by Mr. WBiteside: 176 Journal of Alarama Eelating to municipal corporations. The ordinance was referred to the Committee on Municipal Corporations. Ordinance 277, bv Mr. Watts, of Montgomery: To add a section to Article III. (Distribution of the powers of government.) The ordinance was referred to the Committee on Executive Department. Ordinance 278, by ^Ir. Watts, of Montgomery : To amend Sections 11, 12, 13, 14, 15, 21, of Article 1. The ordinance was referred to the Committee on Preamble and Declaration of Rights. Ordinance 279, by Mr. Watts, of Montgomery: To amend Sections 9, 10, 12, 17, 25, of Article VI. The ordinance was referred to the Committee on Judiciary. Ordinance 280, by .Air. J. W. A. Sanford : To establish a bureau of Industrial Resources. The ordinance was referred to the Committee on Executive Department. Ordinance 281, by Mr. Selheimer : Relating to the Judiciary in counties having a popu- lation of 40,000 or more. The ordinance was referred to the Committee on Judiciary. Ordinance 282, by Mr. Selheimer : To exclude from any limitation upon the indebted- ness of municipal corporations, obligations or bonds is- sued for street improvements, etc. The ordinance was referred to the Committee on Municipal Corporations. Ordinance 283, by Mr. Sentell : Relating to education. That Section 7 of Article XIII be amended. The ordinance was referred to the Committee on Education. Ordinance 284, by Mr. Mac. A. Smith, of Autauga : To amend Section 23 of Article IV of the Constitu- tion of Alabama. The ordinance was referred to the Committee on Local Legislation. Constitutional Convention. 177 •Ordinance 285, by Mr. Mac. A. Smith, of Autauga : To prohibit the delegation of authority to levy taxes. The ordinance Avas referred to the Committee on Legislative Department. Ordinance 286, bv Mr. Mac. A. Smith, of Autauga : To prevent the contracting of a debt beyond the reve- nues of the State to meet. The ordinance was referred to the Committee on Legislative Department. Ordinance 287, by ^Nlr. Thompson, of Bibb : To amend Section 5 of Article XIII of the present Constitution. The ordinance was referred to the Committee on Education. Ordinance 288, by Mr. Thompson, of Bibb : To provide for the election of Solicitors and County Officers, and prescribe the term of office. The ordinance was referred to the Committee on Judiciary. RESOLUTIONS. Mr. Grayson offered the following resolution : Resolved, That tlie official stenographer be required to state the day of the week as well as of the month at the head of the daily reports. Upon the suggestion of the President the resolution was withdrawn, and the official stenographer was in- structed to insert the day of the week in each of his daih^ reports. REPORT OF STANDING COMMITTEES. Upon motion of Mr. Williams, of Marengo, the call of standing committees was dispensed with. AD.TOURNMENT. The hour of 1 o'clock p. m. having arrived, under the rules the Convention adjourned until to-morrow morning at 10 o'clock a. m. 178 Journal of Alabama TWELFTH DAY. Convention Hall. Montgomery, Ala., Wednesday, June 5, 1901. The Convention met pursuant to adjournment. Prayer was oftered by Rev. Mr. Provence of the city, ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : Messrs. President, Almon, Altman, Ashcraft, Banks, Barefield, Bartlett, Beavers, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Bulger, Burnett, Burns, Byars, Cardon, Carmichael ( Colbert ) , Carmichael (Coffee), Carnathon, Case, Chapman, Cofer, Coleman (Greene), Coleman (Walker), Cornwell, Craig, Cunningham, Davis (DeKalb), deOratt'enried, Duke, Eley, Eyster, Espy, Ferguson, Fitts, Fletcher, Foshee, Foster, I^^'reeman, Gilmore, Graha m ( Montgomery ) , Graham ( Talladega ) , Grayson, Greer (Calhoun), Haley, Handley, Harrison, Constitutional Convention. 179 HeflJn (Chambers), O'Neill (Jefferson), Heflin (Randolph), Opp, Henderson, O'Rear, Hinson, Palmer, Hodges, Parker (Cullman), Hood, Parker (Elmore),, Howell, Pearce, Howze, Pettus, Inge, Phillips, Jac'k.-fO]v Pillans, Jones (Bibb), Pitts, Jones (Hale), Porter, Jones (Wilcox), Proctor, Kirk, Reese. Kirkland, Reynolds (Chilton), Knight, Reynolds (Henry), Kyle, Robinson, Leigh, Rogers ( Lowndes ) , Locklin, Rogers (Sumter), Long (Bntler), Sanders, Long (Walker), Sanford, Lowe (Jefferson), Searcy, Lowe (LaAvrence), Selheimer, Macdonald, Sentell, McMillan (Baldwin), Sloan, McMillan (Wilcox), Smith (Mobile), Malone, Smith, Mac. A., Martin, Smith, Morgan M., Maxwell, Sollie, Merrill, Sorrel 1, Miller (Marengo), Spears, Miller (Wilcox), Spragins, Moody, Stewart, Mulkey, Studdard, Murphree, Tayloe, NeSmith, Thompson, Norman, Vaughan, Norwood, Waddell, Gates, Walker, O'Neal ( Lauderdale ) , Watts, Weakley,, 180 Journal of Alabama WeatlierW, Williams (Marengo), White, Wilson (Clarke), Whiteside, Winn— 138. Williams ( Barbour ) , QUESTION OF PRIVILEGE. Mr. Sanford, of Montgomery, arose to a question of personal privilege, and stated that the following ap- peared in this morning's Montgomery Advertiser : ''General Sanford, of Montgomery, seeks to have a committee raised to draft a new design for a State steal.'' Mr. Sanford stated that he desired to call attention to the error contained in the above and foregoing ex- tract. That his resolution seeks to provide for a design for a new State seal. LEAVE OF ABSENCE. Was granted to Messrs. Cobb, for to-day; Kenfroe, for to-day; Ledbetter, for two days; Williams, of El- more, for to-day; Jackson, for yesterday; Morrisefcte, for three days; Davis, of Etowah, for to-day; Sentell, for to-morrow; Henderson, for to-da}^; Jones, of Mont- gomery, for to-day ; Weakley, for to-morrow ; Wilson, of Washington, for to-day; Ashcraft, for to-morrow and Friday. REPORT OF COMMITTEE ON JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report: The Committee on the Journal beg leave to report that they have examined the Journal for the eleventh day of the Convention, and that the same is correct. Respectfully submitted, John F. Proctor^ Ch airman. The report was concurred in. Constitutional Convention. 181 REPORT OF committee ON RULES. Mr. Smith, of Mobile, submitted the following report from the Committee on Kiiles : The Committee on Eules beg leave to report that they have had under consideration the resolutions herein- after mentioned, and beg leave to report thereon as fol- lows : The committee reports adversely to resolution num- ber 86, introduced by Mr. Long, of Walker, and recom- mends that it be not adopted by the Convention. Said resolution reads as follows : Whereas, a resolution making an appropriation from the State Treasury of $70 a day for the stenographic re- port of the proceedings of the Constitutional Convention was passed l)y this body without an aye and nay vote, and Whereas, there are grave doubts as to the legality of such proceedings, and Whereas, the stenographic reports 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 ex- penses by the State connected therewith, to the date of cancellation. The comnuttee reports favorably on resolution num- ber 105, introduced by Mr. Searcy, of Tuskaloosa, and recommends its adoption by the Convention. Said reso- lution reads as follows : Resolved, That whereas this Convention has made a contract with ]Mr. Pat McOaul}^ for stenographic re- ports of the proceedings of the Convention, wherein it was agreed to pay said ^NIcGauly seventy' dollars for each working day of the Convention for such steno- graphic report, and whereas, there is now no authority in law for the auditor to draw his warrant on the Treas- urer for payment of said stenogrpaher, therefore Be it ordained by the people of Alabama in Conven- tion assendiled, that there is hereby approjjriated a sum sufficient to pay whatsoever shall l)e due to said stenog- 182 Journal of Alabama raplier, according to said contract, and the auditor is hereb}- authorized and empowered to draw his warrant on the Treasurer in favor of said stenographer for such sums as shall from time to time be certified to be due for such purpose by the President and Secretary of the Convention. The committee reports back to the Convention reso- lution number 83, introduced by Mr. Pettus, of Lime- stone, without recommendation on its part, for the action of the Convention. The committee reports back to the Convention reso- lution number 87, introduced by Mr. Vaughan, of Dal- las, without recommendation on its part, for the action of the Convention. The committee reports back to the Convention reso- lution number 102, introduced by Mr. Henderson, of Pike, without recommendation on its part, for the action of the Convention. The committee reports as a substitute for resolution number 97, introduced by Mr. Winn, of Barbour, the fol- lowing resolution, and recommends its adoption by the Convention : Resolved, That it is the sense of this Convention that each ordinance offered shall contain but one subject mat- ter, which shall be clearly expressed in the title, so that the same may be properly referrd to the appropriate committee. The committee reports adA'ersely to resolution num- ber 101, introduced by Mr. Watts, of Montgomery, and recommends that it be not adopted by the Convention for the reason that its purpose is covered by rule number 17. Said resolution reads as follows : licsolved. That whenever either of the committees ht^reafter appointed, except the Committee on Rules, on Journal, and )»rocuring ministers, is ready to report, the chairman thereof shall hand the said report to the Secretary of this Convention, who shall cause the said report to b(^ printed and a copy thereof ])laced upon the desk of each member of the Convention before the said report is considered. Constitutional Convention. 183 Second, that when any such report comes up for con- sideration by the Convention, each section or paragraph of said report shall be considered separately. The committee herewith returns to the Convention the resolutions hereinabove referred to. Mr. Long, of Walker, made the following motion : I move to amend the report of the Committee on Rules by striking out the adverse report of resolution num- her 86, and substituting therefor the favorable conside- ration of said resolution, and placing the same upon its passage. Mr. White raised the point of order that the motion of Mr. Long, of Walker, was out of order, in that it sought to make a report upon the committee. The point of order was not sustained. Mr. White raised the further point of order that the motion of Mr. Long was out of order in that the said motion was in effect a reconsideration of the vote by which the resolution authorizing the stenographic re- port, was adopted. . The point of order was not sustained. The question recurred upon the motion of Mr. Long, of Walker. Mr. Harrison moved to table the motion of Mr. Long, of Walker. And the motion to table prevailed, yeas 91 ; nays, 40. YEAS. Messrs. President, Carmichael (Coffee), Altman, Carnathon, Banks, Case, Bartlett, Coleman (Greene), Bethune, Cornwell, Blackwell, Craig, Boone, deGraffenried, Brooks, Eley, Browne, Eyster, Bulger, Espy, Burnett, Ferguson, Byars, Fitts, Oarmichael (Coll)ert), 184 Journal of Alabama Foshee, Foster, Freeman, Gilmore, Graham (Montgomery). Graham (Talladega), Greer (Calhoun), Handley, Harrison, Heflln (Chambers), Hodges, Hood, Howell, Jackscn, Jones (Hale), Jones (Wilcox), Knight, Kyle, Leigh, Macdonald, McMillan ( Baldwin ) , McMillan (Wilcox), Martin, Maxwell, Merrill, Miller (Wilcox), Mill key, Mnrphree, NeSmith, Norwood, Gates, O'Neal (Lauderdale), O'Neill (Jefferson), Palmer, Parker (Cullman),. Parker (Elmore), Phillips, Pillans, Pitts, Porter, Proctor, Reynolds (Chilton), Rogers (Sumter), Sanders, Searcy, Selheimer, Sentell, Sloan, Smith (Mobile), Smith, Morgan M.,, Sollie, Spears, Stewart, Studdard, Tayloe, Thompson, Vaughan, Waddell, Walker, Watts, Weakley, Weatherly, White, Whiteside, Wilson (Clarke). Winn— 91 . NOES. Messrs. Almon, Ashcraft, Barefield, Beavers, Beddow, Burns, Cardon, Chapman, Cofer, Coleman (Walker),. Constitutional Convention. 185- Davis (DeKalb), Malone, Duke, Miller (Marengo), Fletcher, Moody, Grayson, Opp, Haley, O'Rear, Heflin (Randolph), Pearce, Howze, Pettiis, Inge, Reynolds (Henry), Jones (Bibb), Robinson, Kirkland, Rogers (Lowndes), Locklin, Samford, Long (Butler), Smitli, Mac. A., Long (Walker), Spragins, Lowe (Jefferson), Williams (Barbour), Lowe (Lawrence), Williams (^lareugo) — 40. Mr. Brooks asked that the report of the Committee on Rules be divided, so that the resolutions should be con- sidered seriatim. The request was granted, and each resolution was considered separately, as follows: The committee reports adversely to resolution num- ber 86, introduced by Mr. Long, of Walker, and recom- mends that it be not adopted by the Convention. Said resolution reads as follows : Whereas, a resolution nmking an appropriation from the State Treasury of seventy dollars a day for a steno- graphic 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 proceeding; and Whereas, the stenograiihic reports 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. ]Mr. Brooks moved to concur in the report of the com- mittee, which motion prevailed. 186 Journal of Alabama The eoiiiiiiittee reports favorablj' on resolution num- ber 105, introduced bv Mr. Searcy, of Tuscaloosa, and recommends its adoption by the Convention. Said reso- lution reads as follows : Kesolved, That whereas this Convention has made a contract with Mr. Pat McGauly for stenographic re- ports of the proceedings of the Convention, wherein it was agreed to pay said McGauly |70 (seventy dollars) for each working day of the Convention for such steno- graphic report, ancV whereas there is now no authority in law for the auditor to draw his warrant on the Treas- urer for paj'^ment of said stenographer, therefore be it ordained by the people of Alabama, in Convention as- sembled, that there is herel)y appropriated a sum suffi- cient to pay whatsoever shall be due said stenographer according to said contract, and the Auditor is hereby authorized and empowered to draw his warrant on the Treasurer in favor of said stenographer for such sums as shall from time to time be certified to be due for such purpose by the President and Secretary of the Conven- tion. Mr. Knight moved to concur in the report of the com- mittee, which motion prevailed. The committee reports back to the Convention reso- lution number 83, introduced by Mr. Pettus, of Lime- stone, without recommendation on its part, for the action of the Convention. Mr. Howell moved to concur in the report of the com- mittee, and the motion prevailed. Mr. Pettus moved to recommit the resolution to the Committee on Rules. The motion was lost. Mr. Pettus offered the following amendment to the resolution : Amend by adding "Provided, however, that the daily stenographic report shall set out all ordinances and resolutions introduced, in full." Mr. Malone moved to table the resolution and amend- ment, and the motion prevailed. The committee reports back to the Convention reso- lution No. 87, introduced by Mr. Vaughan, of Dallas, Constitutional Convention. 187 without recommeudation ou its part, for the action of the Convention. Mr. Smith, of Mobile, moved to concur in the report of the committee, and the motion prevailed. Mr. Vaughan moved that the resolution be adopted, and the motion was lost. Mr. Burnett moved to table resolution 87, which mo- tion prevailed. The committee reports back to the Convention reso- lution number 102, introduced by Mr. Henderson, of Pike, without recommendation on its part, for the action of the Convention. Mr. Smith, of Mobile, moved to concur in the report of the committee, and the motion prevailed. The committee reported as a substitute for resolution number 97, introduced by Mr. Winn, of Barbour, the following- resolution, and recommends its adoption by the Convention : Resolved, That it is the sense of this Convention that €ach ordinance offered shall contain but one subject matter, which shall be clearly expressed in the title, so that the same may be properl}^ referred to the appro- priate committee. Mr. Smith, of Mobile, moved to adopt the substitute for resolution number 97, reported by the committee, which motion prevailed. The committee reported adversely to resolution num- ber 101, introduced by Mr. Watts, of Montgomery, and recommends that it be not adopted by the Convention, for the reason that its purpose is covered by rule num- ber 47. Said resolution reads as follows : Resolved, That whenever either of the committees hereafter appointed, except the Committee on Rules, on Journal, and procuring- ministers, is ready to report, the chairman thereof vshall hand the said report to the Sec- retary of this Convention, who shall cause the said re- port to be printed and a copy thereof placed upon the desk of each member of the Convention before the said report is considered. Second, That when any such report comes up for con- sideration by the Convention each section or paragraph 188 Journal of Alabama of said report shall be considered separately. Mr. ^'N'atts, of Montj^oinery, moved that the report of the committee be concurred in, which motion pre- vailed. Mr. KSmith, of Mobile, moved that the report be adopted as a whole, which motion prevailed. RESOLUTIONS ON FIRST READING. The following; resolutions were introduced, severally read one time at length and referred to appropriate committees, as follows : Resolution No. 117 (with document), by Mr. Wil- liams, of Marengo : Whereas, There appears to Ite great diversity of opin- ion as to the manner of appointment of Trustees, Facult}" and Executive Officer of certain State educational insti- tutions, and Whereas, From years of association with the Univer- sity of Virginia I believe that the methods emplo^'ed therein governing that institution of learning are good; Therefore, attached hereto is an unabridged copy of the laws of the University of Virginia for 1900, together with the code references from the laws of the State of Virginia in regard to said University, which are com- mended to the study and careful consideration of the Committee on Education, hoping that, therefrom, they will get much that is good tending to relieve the said institution in the State of Alabama from objectionable influences. With the consent of tlie Convention, I beg that the at- tached exhibit be referred to the committee without reading before the Convention, and without printing. The resolution was referred to the Committee on Education. Resolution No. 118, by Mr. Barefield : To provide for the payment of stationery and print- ing, etc. That, whereas, it is necessary for this Convention to be supplied with the proper stationery and to have fur- nished for the use of the Convention various and sun> dry pamphlets, and Constitutional Convention. 189 Whereas, the Secretary of the State is uot empowered to coutract for or to appropriate auv mone^' to pay for such expense, therefore be it resolved, First, tliat tlie chairniau of the Committee on Sched- ule, Printinjj;- and Incidental Expenditures be and is hereby authorized to appoint three members of said committee, with himself as chairman, to contract for such stationery and printing- at the lowest expense, and to certify the various amounts due for said stationery and printing to the Secretary and President of this Con- vention, who shall be caused to be drawn a warrant on the Treasury of this State to pay same, and said amount when so drawn shall be charged up to the expenses of the Constitutional Convention. Mr. Barefield moved that the rules be suspended and the resolution be adopted, and the motion prevailed. Resolution 119, by Mr. Burns : Resolved, That whereas it has been stated upon this floor, which statement has not been denied, refuted or controverted, that a stenographic verbatim report of the proceedings of this Convention can be furnished in pamphlet form, and one thousand or more copies of the same be delivered to the proper ofiicers of the Conven- tion prior to the hour of convening each day, at a sav- ing of at least |25 per diem to the taxpayers of the State. And whereas, the publishing of the proceedings in proper pamphlet form would add to the convenience of the members and to the saving of much expense in the office of the Secretary from day to day, as well as in the final preparation, for the publication of the Journal. That the Committee on Schedule, Printing and Inci- dental Expenditures be and are hereby authorized to send for persons and papers and thoroughly investigate this subject as early as practicable, and report as early as convenient. The resolution was referred to the Committee on Schedules, Printing and Incidental Expenditures. Resolution 120, by Mr. Grayson : Resolved, That all resolutions authorizing the pay- ment of any money shall be adopted only by a yea and nav vote. 190 Journal of Alabama The resolution was referred to the Committee on Schedule, Printing and Incidental Expenditures. Kesolution 121,"by Mr. Long, of Walker: Resolved, That hereafter no appropriation or con- tract requiring the payment of money from the State Treasury shall be passed by this Convention otherwise than by a yea and nay vote. The resolution was referred to the Committee on Rules. Ordinance 122, by Mr. Ferguson: A resolution concerning the Suffrage. Be it resolved by the people of Alabama, in Conven- tion assembled, that the Committee on Suffrage and Elections be reipiired to look into the legality and ad- visability of embodying the follo^ying suggestions in the Suffrage clause, to be submitted to this Convention, con- ferring the right to vote as follows : First, on tliose citizens of the State not otherwise disqualified, who were born in the state of bondage or servitude, prior to the first day of January, 1863. Second, on those citizens of the State and their de- scendants not otherwise disqualified, who were not born in a state of bondage or servitude prior to the first day of January, 1863. The resolution was referred to the Committee on Suffrage and Elections. ORDINANCES ON FIRST READING. The following ordinances were introduced, severally read one time at length, and referred to appropriate committees, as follows : Ordinance 289, hy Mr. Banks : To regulate elections in the State of Alabama. The ordinance was referred to the Committee on Suffrage and Elections. Ordinance 290, by Mr. Beddow : To create a Railroad Commission. The ordinance was referred to the Committee on Corporations. Ordinance 291, bv Mr. Blackwell : Constitutional Convention. 191 To prohi)3it the appropratiou of am- part of the public school mouey iu aid of church or sectarian schools. The ordinance was referred to the Committee on Education. Ordinance 292, by Mr. Waddell : To amend Article VI of the present Constitution, re- lating to the Judiciary. The ordinance Avas referred to the Committee om Judiciary. Ordinance 293, by Mr. Bulger : To regulate the right to vote in this State. The ordinance was referred to the Committee on Suffrage and Elections. Ordinauce 294, by Mr. Burns : To amend Section 1, Article XVII of the new Consti- tution. The ordinance was referred to the Committee on Amending Constitution and Miscellaneous Provisions. Ordinance 295, by Mr. Cofer : To amend Section 5 of Article IV of the Constitution of Alabama, regulating terms of General Assembly, and pay of members, etc. The ordinance was referred to the Committee on Legislative Department. Ordinance 296, by Mr. Coleman, of Walker: Relating to the Judiciary. The ordinance was referred to the Committee on Judiciary. Ordinance 297, by Mr. O'Neill, of Jefferson : To limit the power of cit}^ or town to incur debt or is- sue bonds. The ordinance was referred to the Committee on Municipal Corporations. Ordinance 298, by Mr. Fitts : To prescribe the mode of selection of the trustees of the T^niversity of Alabama. The ordinance was referred to the Committee on Education. Ordinance 299, by Mr. Fitts : To declare the Governor ineligible for office for two years after the expiration of his term of office. 192 Journal of Alabama The ordinance was referred to the Committee on Executive Department. Ordinance 300, by Mr. Graliam, of Montgomery : To prevent tlie General Assembly from depriving the mnnicipalities of this State of their legitimate revenues. (Legislation.) The ordinance was referred to the Committee on Municipal Corporations. Ordinance 301, by Mr. Graham, of Montgomery: To amend Section 2 of Article IV of the Constitution of Alabama. (Legislative Department.) The ordinance was referred to the Committee on Legislative Department. Ordinance 302, by Mr. Long, of Walker : To amend Section 12 of Article V of the Constitution of Alabama. The ordinance was referred to the Committee on Executive Department. Ordinance 303, by Mr. Miller, of Wilcox : Amendment of Article VIII, Constitution of 1875. The ordinance was referred to the Committee on Suffrage and Elections. Ordinance 304, by Mr. Moody: To regulate primary elections in the State of Ala- bama. The ordinance was referred to the Committee on Amendment of Constitution and ^liscellaneous Provis- ions. Ordinance 305, by Mr. Mulkey: To amend Section 1 of Article X of the Constitution of Alabanui. Tlie ordinance was referred to the Committee on Judiciary. Ordinance 306, by Mr. Mulkey : To amend Section 7 of Article X of the Constitution of Alabama. The ordinance was referred to the Committee on Exemptions. Ordinance 307, Ity Mr. ^Nlurphree : To amend Section 7 of Article T of the Constitution Constitutional Convention. 193 •of Alabama. To provide for the speedy trial of prison- ers. The ordinance was referred to the Committee on Preamble and Declaration of Kights. Ordinance 308, by Mr. Murphree : To prevent the collection of more than the legal rate of interest, by means of commissions, premiums, or other devices of like nature. The ordinance was referred to the Committee on Amending Constitution and Miscellaneous Provisions. Ordinance 309, by Mr. Pillans: Relating to the qualifications for the exercise of the Suffrage, (Article VIII, Constitution.) The ordinance was referred to the Committee on Suffrage and Elections. Ordinance 310, by Mr. J. W. A. Sanford : To constitute the Governor, Secretary of State, Audi- tor and Treasurer Railroad Commissioners. The ordinance was referred to the Committee on Corporations. Ordinance 311, by Mr. J. W. A. Sanford : To change the area of the counties by amending Sec- tion 2 of Article II of the Constitution. The ordinance was referred to the Committee on State and County Boundaries. Ordinance 312, hj Mr. Mac. A. Smith, of Autauga : To amend Section 2 of Article XVII of the Constitu- tion of the State of Alabama. The ordinance was referred to the Committee on Amendments to the Constitution and Miscellaneous Pro- visions. Ordinance 313, by Mr. Watts, of Montgomery : To amend Section 7 of Article XI. The ordinance was referred to the Committee on Municipal Corporations. Ordinance 314, by :Mr. Watts: To amend Section 4 of Article XI. The ordinance was referred to the Committee on Taxation. Ordinance 315, by Mr. Watts: 13 194 Journal of ALABAMAi To amend Sections 1, 2 and 7 of Article X, and to add a section to said article. The ordinance was referred to the Committee on Exemptions. Ordinance 316, by Mr. Watts: To add an independent section to the Constitution of Alabama. The ordinance was referred to the Committee on Judiciary. Ordinance 317, by Mr. Watts : To add an independent section to the Constitution of Alabama, relating to corporations. The ordinance was referred to the Committee on Corporations. Ordinance 318, by Mr. Watts : To add a section to Article VI, and amend Section 25 of Article VI. The ordinance was referred to the Committee on Judiciary. Ordinance 319, by Mr. Weakley. Relating to the constructon of street railways, gas, water, steam or hot water heating, telephone, telegraph, electric light or power plant, in or'on the streets, ave- nues or alleys of towns or cities. The ordinance was referred to the Committee on ^Municipal Corporations. REPORT OF STANDING COMMITTEES. The chairman of the several committees reported fav- orably the following ordinances, which were severally read a second time at length, and placed on the calen- dar, and 300 copies of each ordered printed : By :Mr. Weakley, chairman of the Committee on Corporations : Resolution 23 (with substitute) : In reference to rate of taxation, State and County, and the issuance of l)onds by counties and municipali- ties. Ordinance 183 (with substitute) : To regulate the organization and classification of cities and towns. Constitutional Convention. 195 Ordinance 186 (with substitute) : To provide for tlie organization, classification and government of villages, towns and cities in Alabama. The following was offered as a substitute for both of the foregoing ordinances 183 and 186, relating to the or- ganization and classification of cities : Ordinance to regulate the organization and classifica- tion of cities and towns. The Committee on Municipay Corporations reported adversely ordinance No. 78. Ordinance No. 78 : To regulate the granting of franchises by municipal corporations. Mr. Brooks moved to table the ordinance, which mo- tion prevailed. SCHEDULE, PRINTING AND INCIDENTAL EXPENSES. Mr. Heflin, of Randolph, chairman of the Committee, reported favorably the resolution No. 25. Resolution 25 : Resolved, That the Secretary of this Convention be and he is hereby instructed to preserve five (5) copies of the printed stenographic report of the proceedings of this Convention, and when said report is completed, cause the same to be bound and deposited in the office of the Secretary of State. June 5th, 1901, reported favorably by Committee on Schedules, Printing and Incidental Expenses. R. 2, Cal. Which was read at length a second time and placed on the calendar. ADJOURNMENT. The hour of 1 o'clock p. m. having arrived, under the rules the Constitutional Convention adjourned until 1() o'clock to-morrow. 196 Journal of Alabama THIRTEENTH DAY. Convention Hall. Montgomery, Ala., Tbiirsday, June 6, 1901. The Convention met pursuant to adjournment. Prayer was offered by Rev. Mr. Provence of the city. ROLL CALL. On a call of the roll of the Convention, the following delegates answered to their names, which constituted a quorum : Messrs. President, Almon, Altman, Banks, Barefield, Bartlett, Beavers, Beddow, Bethune, Blackwell, Boone, Brooks, Burnett, Burns, Byars, Cardon, Carmichael (CollDert), Carmichael (Coffee), Carnathon, Case, Chapman, Cofer, Coleman (Greene), Coleman (Walker), Cornwell, Craig, Cunningham, Davis (DeKalb), Davis (Etowah), deCxi'atfenried, Duke, , Eley, Eyster, Espy, . Ferguson, Fitts, Fletcher, Foshee, Foster, Freeman, Gilmore, Glover, Graham ( Montgomery ) , Graham (Talladega), Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Constitutional Convention. 197 Heflin (Randolph), Henderson, Hinson, Hodges, Hood, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Hale), Jones (Montgomerj^), Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Ledbetter, Leigh, J^ocklin, LoAve ( Lawrence ) , Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Mulkey, Murphree, NeSmith, Norman, Norwood, Gates, Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, PhillipSy Pillans, Pitts, Porter, Proctor, Reese, Renfro, Reynolds ( Chilton) y Reynolds (Henry), Robinson, Rogers (Lowndes), Rogers (Sumter), Sam ford, Sanders, Sanford, Searcy, Selheimer, Sloan, Smith (Mobile), Smith, Mac. A , Smith, Morgan M.,. Sollie, Spears, Spragins, Stewart, Studdard, Tayloe, Tliompson, Vaughan, Waddell, Walker, Watts, Weatherly, White, Whiteside, Willett, Williams (Barbour),. Williams (Marengo), Williams (Elmore), Wilson (Clarke), Wilson (Washington), Winn— 138. 198 Journal of Alabama leave of absence. ' Was granted to Messrs. Williams, of Elmore, for to- day; Bulger, for to-day; O'Neal, of Lauderdale, for to- day; Byars, indefinitely; Smith, Mac. A., for to-morrow; Davis, of DeKalb, for to-morrow and Saturday; Long, of Walker, indefinitely ; Loniax, for to-da}- ; Locklin, for to-day. COMMITTEE GRANTED LEAVE TO SIT DURING SESSION. On motion of Mr. White, the Committee on Sutfrage and Elections were granted leave to sit during the ses- sion of to-day. SUSPENSION OF THE RULES. Mr. deGraffenried moved that the rules be suspended in order that he could make a motion to postpone the consideration of the ordinances and resolutions report- ed from the Committee on Municipal Corporations, and now upon the calendar. Mr. Samford moved as a substitute for the motion of Mr. deGraffenried that the rules be suspended and that the further consideration of the ordinances and resolu- tions reported from the Committee on Municipal Cor- porations, and now upon the calendar, be postponed until the Committee on Municipal Corporations shall have reported a full and complete article touching said subject. Mr. deGraffenried accepted the substitute for his mo- tion. The rules were suspended, and the motion of Mr. Samford prevailed. STENOGRAPHIC REPORT. Mr. Robinson called the attention of the Convention to the fact that ordinance No. 78, "An ordinance to regu- late the granting of franchises by municipal corpora- tions. "Be it ordaiped bv the people of Alabama in Conven- tion assembled, that no municipal corporation shall Constitutional Convention. 199 'grant an exclusive franchise to an individual or private corporation unless an election be held under the laws regulating municipal elections, and a majority of the qualified voters voting at such election vote for the grant- ing of such franchise,'' which was reported adversely on yesterday by the Committee on Municipal Corpora- tions, and the action of the Convention in tabeling the same, did not appear in the stenographic report of the proceedings of yesterday, the twelfth day. The President ordered the report corrected accord- ingly. report of committee on journal. The chairman of the Committee on the Journal sub- mitted the following report : The Committee on the Journal beg leave to report that they have examined the Journal for the twelfth •day of the Convention, and that the same is correct. Respectfully submitted, John F. Proctor, CJtainuan. The report of the committee was concurred in. QUESTION OF PRIVILEGE. Mr. Sloan arose to a question of personal privilege, and stated that his postofifice address as shown in the records of this Convention w^as incorrect in that it gave his postoffice address at Sloan, when it should be One- onta. The President ordered the necessary correction made. RESOLUTIONS ON FIRST READING. The following resolutions were introduced, severally read one time at length and referred to appropriate committees, as follows : Resolution 123, by Mr. Foster: Whereas, This Convention has now been in session two weeks, and a great many ordinances have been intro- 200 Journal of Alabama diiced aud referred to the several committees, and Whereas, the ordinances heretofore introduced rehite- to the amending of only a few of the provisions of the present Constitution, thus manifesting the desire of the delegates to retain intact most of the provisions of the present Constitution, and Whereas, longer and more frequent sessions of the several committees are necessary to expedite the work of this Convention; therefore, be it Resolved, First — That after the 10th day of June inst. no ordinances proposing amendments to the present Constitution, or additions thereto, shall be introduced before the Convention. Second — That when the Convention adjourns on the 10th inst. it recess for one week. Third — That the several standing committees shall, during such recess, hold daily sessions, and shall on the first day of the meeting of the Convention after such recess, report back to the Convention, for its action, articles or chapters, for the proposed new Constitution, which relate to or affect the subjects indicated by the titles of the respective committees. Fourth — That such articles or chapters so reported shall l)e typewritten and in a completed or entire form, and subdivided into sections, such sections being con- secutively numbered, after the manner of the present Constitution. Fifth — That nothing herein contained shall be con- strued so as to prevent any delegate from proposing amendments to the reports of the several committees. The resolution was referred to the Committee on Rules. Resolution No. 124, by Mr. Sanders: Resolved, That hereafter all requests for leaves of absence shall be in writing, and laid upon the Presi- dent's desk each morning before the assembling of the Convention. The President shall annoiince the names of those for whom leave of absence is sought, and if there is no objection, leaves shall be granted. Said re- quest may be proffered by any member for otlier mem- bers. Constitutional Convention. 201 Tlie resolution was referred to the Committee on Eules. Mr. Sanders moved that the rules he suspended and that the resolution be adopted. The motion was lost, and the resolution was referred to the Committee on Knles. Resolution 125, by Mr. Jackson : Ilesolved, That all ordinances or resolutions referred to the Committee on Rules and reported back to this- Comention without action thereon by said committee, sliall be placed upon the calendar, to be called uj) in their regular order. The resolution was referred to the Committee on Rules. Resolution No. 126, by Mr. Kirk : Relating to the formation of new counties. Resolved, That in the Constitution to be framed by this Convention, it shall be provided that no new county shall be formed of less extent than six hundred square miles, as now provided by the Constitution of 1875. The resolution was referred to the Committee on State and County Boundaries. Resolution 127, by Mr. Mac. A. Smith, of Autauga r Resolved, That whenever a committee has voted ad- versely to an ordinance, resolution, petition or memor- ial which has been referred for its consideration, such adverse action need not be reported by the Committee to the Convention unless the same be called for by a vote of one-fifth of the members present, when such or- dinance, resolution, petition or memorial shall then be reported by the Committee, with its adverse action there- on, and the same shall be placed on the calendar and come up, in regular order, for consideration by the Com- mittee. The resolution was referred to the Committee on Rules. Resolution 128, by Mr. Williams, of Elmore : To base I'epresentation in the General Assembly of Alabama upon the voting population of the various counties of the State. 202 Journal of Alabama Be it resolved by this Convention, Tliat all represen- tation in the Greneral Assembly of Alabama shall be fixed by this Convention and be based upon the voting population of the several respective counties of the -State. The resolution was referred to the Committee on Eepresentation. Kesolution 129, by Mr. Gates: Resolved, That the Committee on Legislative Depart- ment be authorized to employ a clerk for so long as said committee may need his services. Mr. Brooks moved that the rules be suspended and the resolution be adopted. The motion prevailed, and the rules were suspended and the resolution was adopted. Resolution 130, by Mr. Carmichael, of Colbert: Resolved, That hereafter the committees of the Con- vention shall not report to the Convention ordinances and resolutions which have been adversely acted upon; provided, any member of the Convention may on any day immediateh' after the report of the committee to which an ordinance has been referred and adversely acted upon, move to recall said ordinance from said com- mittee, and said ordinance may, upon a majority vote of the Convention, be placed upon the calendar for con- sideration by the Convention; provided, this resolution shall not apply to the Committee on Rules. The resolution was referred to the Committee on Rules. POINT OF ORDER. Mr. Cofer raised the point of order that no quorum had voted on the motion of Mr. Brooks to suspend the rules and adopt resolution 129. Mr. Heflin rait^ed the point of order that Mr. Cofer was out of order, in that his (Cofer's) motion came too late, other business having intervened. The point of order of JMr. Heflin was sustained. Constitutional Convention, 203 ordinances on first reading. The following ordinances were introduced, severally read one time at length, and referred to appropriate committees, as follows: Ordinance 320, bv Mr. Banks: Providing for the collection of taxes. The ordinance was referred to the Committee on Executive Department. Ordinance 321,- by Mr. Espy : To amend Section 1 of Article VI of the Constitution. The ordinance was referred to the Committee on Judiciary. Ordinance 322, by Mr. Foshee : Providing that the representation be based on the white population onh'. The ordinance was referred to the Committee on Representation. Ordinance 323, by Mr. Grayson : To I'epeal Section 8 of Article XI of the Constitution. The ordinance was referred to the Committee on Taxation. Ordinance 324, by Mr. Harrison: To amend Section 21 of Article IV of the Constitu- tion. The ordinance was referred to the Committee on Legislative Department. Ordinance 325, by Mr. Heflin, of Randolph : To amend Sections 3, 5, and 6, of Article IV of the Constitution of Alabama. The ordinance was , referred to the Committee on Legislative Department. Ordinance 326, by Mr. Miller, of Wilcox : To provide for the election of County Superintendent of Education, and the County Board of Education, and to define their duties. The ordinance was referred to the Committee on Education. Ordinance 327, by Mr. Pearce : That after the adoption of this Constitution no person learned in the law shall be eligible to hold any oflice under the State except of a judicial nature. 204 Journal of Alabama The ordinance was referred to the Committee on; Judiciary. Ordinance 328, by Mr. W. H. Samford : To amend Section 21, Article I of the Constitution. The ordinance was referred to the Committee on Preamble and Declaration of Rights. Ordinance 329, by Mr. J. AY. A. Sanford : To strike out Section 35 from the Declaration of Eights. The ordinance was referred to the Committee on Preamble and Declaration of Rights. Ordinance 330, by Mr. Watts: To require the General Assembly to enlarge the State Capitol grounds. The ordinance was referred to the Committee on: Legislative Department. Ordinance 331, by Mr. Williams, of Marengo : To regulate the conveying of homesteads by executory contract. The ordinance was referred to the Committee on Exemptions. REPORT OF STANDING COMMITTEES. The several standing committees were called for re- ports, but none were submitted. ADJOURNMENT. On motion of Mr. Waddell, the Convention adjourned until to-morrow morning at 10 o'clock a. m. FOURTEENTH DAY. Convention Hall. Montgomery, Ala., Friday, June 7, 1901. The Convention met pursuant to adjournment. Praver was offered by Rev. Mr. Elliott of the citv. Constitutional Convention. 205 ROLL CALL. On a call of the roll of the Convention, the following deleoates answered to their names, which constituted a quorum : Messrs. President, Almon, Altman, Ashcraft, Banks, Barefield, Bartlett, Beavers, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Burnett, Burns, ■Cardon, Carmichael ( Colbert ) , Carmichael (Coffee), 'Case, Chapman, Cobb, Cofer, Coleman (Greene), Coleman (Walker), Cornwell, Craig, Cunningham, Davis (Etowah), deGraffenried, Duke, Eley, Eyster, Espy, FerguEon, Fitts, Fletcher, Foshee, Foster, Gilmore, Glover, Graham ( Montgomery ) , Graham (Talladega), Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hodges, Hood, Howell, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Hale), Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Ledbetter, Leigh, Locklin, Lomax, 206 Journal of Alaba^ia Long (Butler), Lowe (Jefferson), Lowe ( Lawrence ) , Macdonald, McMillan (Baldwin), McMillan (Wilcox), Mai one, Martin, Maxwell, Merrill, Miller (Marengo). Miller (Wilcox), Moody, Mulkey, Murphree, XeSmith, Norman, Norwood, Gates, O'Neill (Jefferson), O'Neal (Lauderdale), Opp, O'liear, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettns, Phillips, Pillans, Pitts, Porter, Proctor, Renfro, Re^'nolds (Chilton),. Reynolds (Henry), Robinson, Rogers ( Lowndes ) , Rogers (Sumter), Sanders', Sanford, Searcy, Selheimer, Sentell, Sloan, Smith (Mobile), Smith, Morgan M.y Sollie, Sorrell, Spears, Spragins, Stewart, Stud da rd, Taylne, Thompson, Vauohan, Waddell, Walker, Weakley, Weatherlv, White, Whiteside, Willett, Williams (Barbour), Williams (Marengo), Williams (Elmore), Wilson (Clarke), Wilson (Washington), Winn— 141. LEAVE OF ABSENCE Was granted to Messrs. Carnathon, indefinitely ; Nor- Avood, for to-morrow; Freeman, until Tuesday; Bethune, for to-morrow; Martin, for to-morrow; Bartlett. for to- Constitutional Convention. 207 iiiurrow and Monday; Ledbetter, for to-day and to-mor- row ; Smitli, M. M., of Autauga, to-morrow and ^londay ;. Burnett, for to-morrow; Kirkland, for to-morrow and Monday; Bulger, for to-day; Renfroe, for to-morrow; Palmer, for to-morrow and Monday; Sentell, indefinite- ly ; Vaug-han, for to-morrow ; Cobb, for yesterday ; How- ell, for yesterday ; lieigh, for to-morrow ; Heflin, of Ran- dolph, for to-morrow; Craig, for to-morrow and Mon- day. COMMITTEE GRANTED LEAVE TO SIT DURING SESSION. On motion of Mr. Coleman, of Greene, the Committee on Suffrage and Elections was granted leave to sit dur- ing to-day's session. MOTION TO ADJOURN. Mr. Renfro moved that when the Convention adjourn to-day that it adjourn until 12 o'clock on Monday. The motion was lost. REPORT OE COMMITTEE ON JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report: The Committee on the Journal beg leave to report that they have examined the Journal for the thirteenth day of the Convention, and that the same is correct. Respectfully submitted, John F. Proctor^ Chainnan. The report of the committee was concurred in. REPORT OF COMMITTEE ON RULES. Mr. Smith, of Mobile, acting chairman of the Com- mittee on Rules, submitted the following report : The Committee on Rules begs leave to report that it has had under consideration the resolutions hereinafter mentioned, and begs to report thereon as follows : The committee reports back to the Convention reso- lution number 114, introduced by Mr. Sanford, of Mont- 208 Journal of Alabama gomerv, Avitliout recommendation on its part, for the -action of the Convention, The committee herewith returns to the Convention the resolution hereinabove mentioned. Mr. Sanford moved that the resolution, 114, be adopted by the Convention. The motion was lost. RESOLUTIONS ON FIRST READING. The following resolutions were introduced, severally read one time at length and referred to appropriate committees, as follows : Eesolution 131, by Mr. Burns: Kesolved first. That the Committee on Judiciary be requested to frame an ordinance that will prohibit Jus- tices of the Peace trying or finally disposing of criminal •cases wherein they are entitled to fees or costs, to define their jurisdiction, as to territory and misdemeanors. Resolved second. That it is the sense of this Conven- tion that no judicial officer should ever be interested in the termination or result of any case, criminal or civil, over which he may have jurisdiction; and that he should be paid the sum of |3 for each criminal case brought be- fore and legally disposed of by him, to be paid through the Probate Judge of his county. The resolution was referred to the Committee on Judiciary. Eesolution 132, by Mr. Carmichael, of Colbert : Eesolved, That the Committee on Order, Consistency and Harmony of the Constitution shall include in its report of the proposed Constitution all of the provisions of the present Constitution not amended , altered, changed or stricken out, as well as all amendments, changes and additions that may be made to the present Constitution. The resolution was referred to the Committee on Eules. Eesolution 133, by Mr. Carmichael, of Colbert : Eesolved, That the several standing committees shall not report to the Convention any ordinance unless the Constitutional Convention. 209 ^same ameuds, cliauges, alters or adds to the present Con- stitution, or strilces out parts thereof, and when so re- porting shall only report the section amended, changed or altered of the proposed addition. The resolution was referred to the Committee on JRules. Eesolutiou 134, by Mr. Jones, of Montgomerv: Resolved, That the President express to Grovernor W. J. Samford the deep interest of the members of this Con- vention in his welfare, and their earnest wishes for his speedy restoration to health. On motion of Mr. Jones, of Montgomery, the rules Avere suspended and the resolution was unanimously adopted by a rising vote. Resolution 135, by Mr. Knight: A resolution to abolish the offices of State and County Back Tax Commissioners : Resolved, That the Constitution about to be framed shall contain a provision abolishing the offices of State and County Back Tax Commissioners. The resolution was referred to the Committee on Executive Department. Resolution 136",' by Mr. Proctor : Resolved, That on and after the passage of this reso- lution, all requests for leave of absence shall be reduced to writing, and sent to the Secretary's desk by 12 o'clock of each day, and passed on by the Convention at that hour. And that no other requests for absence shall be considered at any other time. The resolution was referred to the Committee on Rules. Resolution 137, by Mr. Williams, of Elmore: To provide for the distribution or disposal of the poll taxes collected under the suffrage clause adopted by 1:his Convention. Be it resolved, That if this Convention adopts the payment of a poll tax as a requisite qualification to suffrage, that said poll taxes shall be applied to the sup- port of the public schools in the counties in which such ttaxes are levied and collected. 1:4 210 Journal of Alabama Tlie resolution was referred to the Committee on. Education. ORDINANCES ON FIRST READING. The following ordinances were introduced, severally read one time at length, and referred to appropriate committees, as follows: Ordinance 332, by Mr. Blackwell : To amend Article VIII of the Constitution, regulat- ing the right to vote by striking out the whole of said, article. The ordinance was referred to the Committee on Sutfrage and Elections. Ordinance 333, l)y Mr. Lomax. of Montgomery : To amend the Constitution of Alabama by adding to Article IV a section. The ordinance was referred to the Committee on Local Legislation. Ordinance No. 334, by ]Mr. NeSmith, by request : To amend Article VIII of the Constitution. The ordinance was referred to the Committee on Suffrage and Elections. Ordinance 335, by Mr. Porter : To repeal Section 7 of Article X of the Constitution of Alabama. The ordinance was referred to the Committee on Exemptions. Ordinance 336, by ^Ir. Reynolds, of Chilton: To regulate and contrcd the employment of children in factories and other public works. The ordinance was referred to the Committee on Corporations. Ordinance 337, by ^Mr. Reynolds, of Chilton : To anu^nd Section 5 of Article VIII of the Constitu- tion of the State of Alabama. The ordinance was referred to the Committee on Suffrage and Elections. Ordinance 338, by :Mr. Reynolds, of Chilton: To amend Section 2 of Article VTII of the Constitu- tion of Alabama. Constitutional Convention. 211 The ordinance was referred to the Committee on Suffrage and Elections. Ordinance 339, by ^Ir. IJevuolds, of Chilton: To amend Article VIII of the Constitution of the State of Alabama, by adding* new sections 8 and 9. The ordinance was referred to the Committee on Suffrage and Elections. Ordinance 340, by Mr. J. W. A. Sanford : To amend Section 31 of Article IV of the Constitu- tion of Alabama. The ordinance was referred to the Committee on Legislative Department. Ordinance 341, by Mr. M. M. Smith, of Autauga : For the e(]nitable distribution of the surplus moneys arising from the sale of fertilizer tags. The ordinance was referred to the Committee on Legislative Department. memorials. The following memorial was offered by Mr. Pillans, )f ^NFobile, by liMjuest, and the same was read at length and referred to the Committee on Suffrage and Elec- tions : Mr. Pre-siclcnf, and Memhcrs of the Coiisititufioiial Convention, Montf/onicry : Dear Sirs — Perhaps the most important matter to be considered by your august body is the question bearing on the civil and political rights of the negro. Speaking as an ex-slave, a native of Alabama, with an experience as a public man covering a period of nearly thirty years, all of which time has been spent in the moral, educational and religious interests of my race, permit me to say, that every law-abiding, property-hold- ing, intelligent negro in Alabama, every one with a family, and contributes by his material wealth and worth to the common wealth and worth of our great State — is looking with abiding faith to your Convention, and hoping that in the framing of the organic law of Alabama, you will recognize the following facts : 212 Journal of Alabama First — That the negro and the Southern white man, in the province of God, are here together, and here to sta}'. Second — Tlie interests of the two races are identical, and like the Union of the States, "one and inseparable," Third — The intelligent, law-abiding negro is a patrio- tic and loyal citizen of his State. Fourth — The law-abiding negro has. used well the privileges granted him in acquiring education, in accu- mulating property, in establishing himself in the con- fidence of his neighbors, and in elevating himself as a citizen. Fifth — The intelligent and law-abiding negro in every community where he lives seeks to aid an approbation of his sympathetic and fair-minded white neighbor. Sixth— The feeling of amity and mutual dependence between the better classes of the two races is growing stronger in every community where their interests merge into each other. Seventh — The better class of colored people strongly desire to unite with the better class of white people on common grounds of the material and the economic ad- vancement of our great and resourceful State. Eighth — The intelligent negro, conscious of the liber- ality and partiality of the white tax payers of the State is grateful for the enormous expenditure of money upon the common schools of his race — a sum far exceeding the amount paid into the treasury by the tax payers of his own race. This of itself, by the law of gratitude, binds us to our white fellow citizens with ties which only the white" Southern man himself can sever. Ninth — Last, but not least, the better classes of the two races in the South are closer together now, and understand each other better than in any other period since the days of reconstruction. Now, if you admit the above statement of facts, allow me to respectfully ask of your august body : That you so frame your organic law on the suffrage and school questions that the intelligent, struggling, honest, law-abiding, patriotic negro citizen will be en- couraged in his efforts to elevate himself to a standard Constitutional Convention. 213 worthy the name of Southern citizenship — a standard at once reflecting credit on himself and his great State. By doing this you will not only justify the abiding faith of your ''Brother in Black," but your names will go down with honor to posterit}^, and in the ages to come, generations will rise up and call you blessed. Ivespectfully submitted, A. F. Owens^ Pastor, Etc. Mobile, June 6th, 1901. REPORTS OF STANDING COMMITTEES. " Mr. Jones, of Montgomery, chairman of the Commit- tee on Executive Department, submitted the following report : Mr. President : The Committee on the Executive Department in- structs me to report herewith an ordinance to take the place of the article in the present Constitution on the subject. The c(jmmittee has not deemed it necessary to report specially upon the several ordinances or resolutions re- ferred to it. All of them have been maturely considered, and the principles of some have been incorporated in the article. The reading of the article as reported, will en- able the Convention and the authors of the ordinances and resolutions referred to us to see how far their re- spective suggestions have been adopted. These ordi- nances and resolutions are lierewith respectfully re- turned. The material changes reported are as follows : The office of Lieutenant Governor is created. The name of the office of Commissioner of Agriculture is changed to that of Commissioner of Agriculture and In- dustries, and both are made officers of the Executive Department. The terms of the officers of the Executive Departnumt elected hereafter are lengtheild from two to four years. The Lieutenant Governor, the Commis- sioner of Agriculture and Industries, and the Superin- tendent of Education are included among the officers, the returns of whose election are required to be directed 214 Journal of Alabama to the Speaker. To remove imeertaintv as to the Speak- er's powers and duties under Section 4, in counting the votes, it is provided that his duties are ministerial^ and his decisions subject to the control of the Joint (?on- vention. The officers of the Executive Department, after the first election under the Constitution, are made ineli- gible to succeed themselves. The Governor is made in- eligible to any office under this State within one year after the expiration of his term; and his acceptance of the office is a pledge to the people not to accept an elec- tion or appointment to the Senate of the United States during his term, or at any time within one year there- after. The salary of the Governor is fixed at five thou- sand dollars per annum, to take effect on the adoption of the Constitution, and the article contains the usual limitations upon the legislative power to increase or diminish the compensation of the Executive Officers during their term. Section 9 of the present article of the Constitution has been amended to provide for the case of a refusal to give information when required by the Governor. A Board of Pardons is created, to meet on the call of the Governor, which shall sit in public, before whom shall be laid all recommendations or petitions for com- mutations, pay rolls or pardons in cases of felony, which Board must advise with the Governor; after ^^'hich, or delay to act for more than sixty days, the Governor may act as to him seems best for the public interest. He is also required to report to the General Assembly, the opinions of t]n' Board of Pardons, as well as his own reas- ons, in all cast s of felony, in which he acts favorably. Section 13 of the present Constitution has been amended so as to authorize the two Houses, when the Governor vetoes a bill, to amend it to meet his object- ions, instead of passing it over his veto. The (xovernor is given ten davs after final adjournment in which to approve bills, liefore him at that time. A recess of the General Asseml»ly, as well as adjournment, excuses the Governor from returning a bill witlJn six days, the time fixed in the article within which, if the General Assem- bly is in session, the Governor must return a bill, or it Constitutional Convention. 215 i\dll become a law. Section 14 provides tlie procedure in case of a veto of a part of an appropriation bill to re- move doubt, heretofore existing, whetlier the organic bill ; shall be returned in such case. Careful provision is made in Section 15, defining- the order of succession when the Governor dies, resigns or is removed from office, and when he is impeached, or ab- sent or under other disabilities; and specific provision is made for the contingency of the rTOvernor-elect's fail- ure or refusal, or that of the Lieutenant Governor- €lect, to qualify, from any cause, and the succession de- fined in that event. Section 1(> is a new provision, to nu^et the contingency of the Governor or other officer administering the office ■of Governor, becoming of unsound mind, and provides for the ascertainment thereof. Similar provision is made Avith reference to the other officers of the Execu- tive Il'epartment. Section 20 is a new section, prohibiting the Governor from appointing any member of the General Assembly to ofiice during the term for Avhich the member shall have been elected. A new section has been added, constituting the Gover- nor, Lieutenant Governor and Attorney General a Board of Conciliation, with provision for the addition of two citizens in each case, if thought proper, for the adjust- ment of differences between employer and employe. The finding of the Board is to be advisory merely ; unless both parties have agreed in writing, in advance, to per- form the award, when it may be enforced by proceed- ings in the courts, under rules and regulations to be prescribed by law. A new section has also been added allowing- the Gov- ernor, Auditor and Treasurer, or the Governor and either of the other officers, when there is a surplus in the Treasury, not immediately needed, to loan it out on call, or for such time as they may deem advisable, taking lionds of the United States or of this State as collateral to the full amount loaned, with interest, and providing liow such loan shall be made. 216 Journal of Alabama. The section regarding Sheriffs has been amended, to provide in substance : If a prisoner is taken from the- custody of the law, owing to the neglect, connivance^ cowardice or other grave fault of the Sheriff, and is put. to death or suffers grievious bodily harm, the Sheriff may be impeached before the Supreme Court, and the Grovernor is authorized, after hearing, to suspend the Sheriff from office, until the impeachment proceedings are determined. The committee refrains from discussing at this time the reasons for the changes reported ; since the merits or demerits of the amendments will readily occur to the members, and be fully disclosed and discussed when the proposed article is passed upon by the Convention. Upon three of the amendments, the members of the com- mittee are not all agreed ; and as to these the dissenting members reserve liberty of action, without now making a final minority report. Thomas G. Jones, Chairman. The undersigned member of the Committee on Execu- tive Department does not concur in the report of the Committee as to Sections 7 and 27, and he offers as a substitute for Section 7 the following: Sec. 7. The Governor, Lieutenant Governor, Secre- tary of State, State Auditor and Attorney General shall receive compensation for their services which shall be fixed by law, and which shall not be increased or dimin- ished during the term for which they shall have been elected, and shall, except the Lieutenant Governor, re- side at the State Capitol during the time they continue in office, except in cases of epidemic. And he further recommends that Section 27 (which relates to the loaning of money in the State Treasury) as reported by said committee, be stricken out, and do not pass. Respectfull.y submitted, Watkins M. Vaughan. . An ordinance to create and define the Executive De- partment. Constitutional Convention. 217-' Be it ordained by the people of Alabama, in Conven- tion assembled, that Article V of the Constitution be stricken out, and the following article inserted in lieu thereof : ARTICLE V. executive department. Section 1. The Executive Department shall consist of a Governor, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Education, Commissioner of Agricul- ture and Industries, and a Sheriif for each county. See. 2. The supreme executive power of this State shall be vested in a chief magistrate, who shall be styled "the Governor of the State of Alabama." Sec. 3. The Governor, Lieutenant Governor, Secre- tary of State, State Treasurer, State Auditor, Attorney General, Superintendent of Education, and Commission- er of Agriculture and Industries, shall be elected every four years by the (j[ualilied electors of this State^ at the same time and places appointed for the election of mem- bers of the General Assembly. Sec. 4. The returns of every election for Governor, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Education, and Commissioner of Agriculture and Indus- tries, shall be sealed up and transmitted by the return- ing officers to the seat of government, and directed to the Speaker of the House of Representatives, who shall during the first Aveek of the session to which said re- turns shall be nmde, open and publish them in the pres- ence of both Houses of the General Assembly in joint convention ; but the Speaker's duty shall be purely min- isterial, in this respect and any objection to any return on account of informality, defect or other cause, shall be decided by the Speaker, subject to the control of the majority of the joint convention. The person having the highest number of votes for either of said offices shall be declared duly elected ; ' but if two or more persons '218 Journal of Alabama shall have an equal and highest nnniber of votes for the same office, the General Assembly, by joint vote, without delay, shall choose one of said persons for said office. Contested elections for Governor, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, At- torney General, Superintendent of Education, and Gom- missioner of Agriculture and Industries shall be deter- mined by both Houses of the General Assembly in such manner as nmy be prescribed by law. Sec. 5. The Governor, Lieutenant Governor. Secre- tary of State, State Treasurer, Attorney General, State Auditor, Superintendent of Education, and Commis- sioner of Agriculture and Industries shall hold their re- spective offices for the term of four years from the first day of December of the 3'ear in which they shall have Ijeen elected, and until their successors shall be elected and qualified, and after the first election under this Constitution neither of them shall be eligible as his own successor; and the Governor shall not be eligible to election to any office under this State within one 3'ear after the expiration of lis term ; and his acceptance of the office of Governor shall be a pledge to the people not to accept an election or appointment to the Senate of the United States at any time during his term, or within one year thereafter. Sec. 6. The Governor and Lieutenant Governor shall each be at least thirty years of age when elected, and shall have been citizens of the United States ten years and resident citizens of this State at least seven years next before the date of their election. The Lieutenant Governor shall be ex-officio President of the Senate, which shall elect a President pro tem from among its own members, who shall discharge the duties of the Lieutenant Governor in the Senate, whenever he is ab- sent or disqualified. Sec. 7. The Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Su- perintendent of Education, and Commissioner of Agri- culture and Industries, shall receive compensation for their services, which shall be fixed by law, and which shall not be increased or diminished during the term for Constitutional Convention. 219 "wliicli tlwy have been elected, and with the exception of the Lieutenant Oovernor, shall reside at the Capital. After the adoption of this Constitution, the compensa- tion of the G-overnor shall be five thousand dollars per annum, which shall not be thereafter increased or di- minished during the term for which he shall have been -elected. Sec. 8. The Goverucn' shall take care that the laws be faithfull}' executed. !!^ec. 9. The Governor may require information in writing, under oath, from the officers of the Executive Department named in this article, or created by statute, on any subject relating to the duties of their respective offices; and he may at any time require information in Avriting, under oath, from all officers and managers of State institutions, upon any subject relating to the con- dition, management, and expenses of their respective offices and institutions. Any such officer or manager wdio makes a wilfully faise report, or fails without suffi- cient excuse to make such report when demanded, is guilty of an impeachable offense. Sec. 10. The Governor may, by proclamation on ex- traordinary occasions, convene the General Assembly at the seat of government, or, at a different place, if since their last adjournment, that shall have become dangerous from an eneni}^, insurrection, or other lawless outbreak, or from any infectious or contagious disease; he shall state specifically in such proclamation each matter concerning wliich the action of that body is •deemed necessary. Sec. 11. The Governor sliall, from time to time, give to the General Assembh' information of the state of the government, and recommend to their consideration such measures as he may deem expedient; and at the com- mencement of each regular session of the General As- send)ly, and at the close of his term of office, give in- formation, by written message, of tlie condition of tlie State; and he shall account to the General Assembly, as mav be prescribed by law, for all moneys received and paid out by liim, or by liis order; and, at the commence- ment of eacli regular session, he shall present to the 220 Journal of Alabama General Assembly estimates of the amount of money re- quired to be raised by taxation for all jjurposes. 8ec. 12. The Governor shall have power to remit fine& and forfeitures, under such rules and regulations as may be prescribed by law; and, after conviction, to grant reprieves, paroles, commutations of sentence and IDardons. The Attorney General, Secretary of State and State Auditor shall constitute a Board of Pardons, who shall meet on the call of the Governor, and before whom shall be laid all recommendations or petitions, for par- don or commutations or paroles, in cases of felony; and the Board shall hear them in open session, and give their opinion in writing, to the Governor thereon, after which or on the board's failure to advise for more than, sixty da3\s, the Governor may grant or refuse the com- mutation, parole or pardon, as to him seems best for the public interest. He shall communicate to the Gen- eral Assembly at each session, each case of reprieve^ commutation, parole, or pardon, with his reasons there- for, and the opinion of the Board of Pardons in each case required to be referred ; stating the name, the crime of the convict, the sentence, its date, and the date of re- prieve, commutation, parole or pardon. Pardons in cases of felony and other offenses involving the crimen falsi, shall not relieve from civil and political disabili- ties, unless specifically expressed in the pardon. Sec. 13. 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 not, he shall return it, with his objections, to that House in which it shall have origiiicVted, who shall enter the ob- jections at large ujwn the Journal, and proceed to re- consider it. If the Governor's message proposes amend- ment which would remove his objections, the House to which it is sent may so amend the liill, and send it with the Governor's message to the other House, which may adopt, but cannot amend said amendment; and both Houses concurring in the amendment, the bill shall again be sent to the Governor, and acted on by him as on other bills. If the House to which the bill is re- turned refuses to nuike such amendment, it shall proceed. Constitutional Convention. 221 to reconsider; and if a majority of the whole number elected to that House, shall vote for the passage of the bill, it shall be sent with the objections to the other House, b}' which it shall likewise be reconsidered, and if approved by a majority of the whole number of that House, it shall become a law. If the House to which the bill is returned makes the amendment and the other House declines to pass the same, that House shall pro- ceed to reconsider, as though the bill had originated therein, and such proceedings shall be taken thereon as above provided. In every case, the vote of both Houses shall be determined by yeas and nays, and the names of the members voting for or against the bill shall be en- tered upon the Journals of each House respectively. If any bill shall not be returned by the Governor, Sundays excepted, within six days after it shall have been pre- sented, the same shall become a law in like manner as if he had signed it, unless the General Assembly, by their adjournment or recess, prevent its return, in wliich case it shall not be a law; but bills presented to the Governor within five days before the adjournment of the General Assembly may be approved by the Governor at any time within ten days after the final adjournment, if approved by the Governor at anj^ time within ten days after the final adjournment, if approved and deposited with the Secretary of State within that time. Every vote, order or resolution to which concurrence of both Houses may be necessary, except questions of adjourn- ment, and the bringing on of elections by the two Houses, and amending this Constitution, shall be presented to the Governor; and before the same shall take effect, be approved by him ; or, being disapproved, shall be re- passed by both Houses, according to the rules and limi- tations prescribed in the case of a bill. Sec. 14. The Governor shall have power to approve or disapprove any item or items of any bill making ap- propriations embracing distinct items, and the part or parts of the bill approved shall be the law; and the item or items disapproved shall be void, unless repassed, ac- cording to the rules and limitations prescribed for the passage of other bills over the Executive veto ; and he 222 Journal of Alabama shall ill writiiijj;-, state specifically the item or ileiiis he disapproves, setting the same out in haec verba, in his: message; but in such case, the enrolled bill shall not be returned with the (iovernor's objection. Sec. 15. In case of the (Tovernor's removal from office,, death or resignation, the Lieutenant Governor shall be- come Governor. If both the Governor and Lieutenant Governor are removed from office, die or resign, prior to the next general election, thereafter, for members of the General Assembh', the Governor and Lieutenant Governor shall be elected at such election for the unex- pired term. In case of the impeachment of the Gover- nor, his absence from the State, unsoundness of mind, or other disability, the power and authority of the office shall devolve, in the order herein named, upon the Lieu- tenant Governor, President pro teni of the Senate, Speaker of the House of Representatives, Attorney Gen- eral, State Auditor, Secretary of State, and State Treas- urer; if any of these officers be under any of the disa- T3ilities herein specified, the office of Governor shall be administered in the order named l)y these officers free from such disability, until the Governor is acquitted, returns to the State, or is restored to his mind, or re- lieved from other disability. If the Governor shall be absent from the State over twenty days, the Secretary of State shall notify the Lieutenant Governor, who shall enter upon the duties of Governor; if both the Governor and Lieutenant Governor shall be absent from the State over twenty days, the Secretary of State shall notify the President pro tem of the Senate, who shall enter upon the duties of the Governor, and so on. in case of sucli absence, he shall notify each of the other officers named in their order, who shall discharge the duties of Govern(U', until the Governor or other officers entitled to administer the office in succession to the Governor, returns. If the Governor-elect fails or refuses from any cause, to (lualify, the Lieutenant-ele;t shall qualify, and exercise the duties of the Governor's office until the Gov- ernor-elect qualifies; and in event both the Governor- elect and Lieutenant Governor-eTect, from any cause, fail to qualify, the President pro tem of the Senate, the Constitutional Convention. 223^ Speaker of the House of Ixepresentatives, the Attorney General, State Auditor, Secretary of State, and State Treasurer shall in like manner, in the order named, ad- minister the government until the Governor or Lieuten- ant Governor-elect qualifies. Sec. 16. If the Governor or other officer administer- ing the office, shall become of unsound mind, it shall be- the duty of the Supreme Court of Alabama, upon re- quest in writing of any two of the officers named in Section 15, not next in succession to the Governor, to ascertain the mental condition of the Governor, or other officer exercising the office, and if he is of unsound mind, to so certify upon its minutes; a copy of which, duly certified, shall be filed in the office of the Secretary of State; and in that event, it shall be the dut}^ of the offi- cer next in succession, to perform the duties of the Gov- ernor, until the Governor or other officer exercising the- office is restored to his mind. Sec. 17. The Lieutenant Governor, the President pro tem of the Senate, and the Speaker of the House of Rep- resentatives, shall receive during the time they respect- tively administer the government, like compensation as that fixed for the Governor ; provided, if the General As- seml)ly shall be in session during the time such officer may administer the office of Governor, they shall receive no compensation as officers or members of the General Assembly. Sec. 18. No person shall at one and the same time hold the office of Governor of this. State and any office, civil or military, either under this State or the United States, or any other State or government, except as otherwise provided in this Constitution. Sec. 19. The Governor shall be commander-in-chief of the militia and volunteer forces of this State, except when they shall be called into the service of the United States; and he maj call out the same to execute the laws, suppress insurrection, and repel invasion ; but need not command in person unless directed to do so by reso- lution of the General Assembly, and when acting in the service of the United States, he shall appoint his staff" and the General Assembly shall fix his rank. 224 Journal of Alabama Sec. 20. The Governor shall not appoint any member of the General Assembly, during the term for Avhich he shall have been elected, to any office. Sec. 21. No person shall be eligil)le to the office of Secretary of State, State Treasurer, State Auditor, Su- perintendent of Education, Attorney General, or Com- missioner of Agriculture and Industries, unless he shall have been a citizen of the United States at least seven years, and shall have resided in this State at least five years next preceding his election, and shall be at least twenty-five years old when elected. Sec! 22. There shall be a Great Seal of State, which shall be used officially by the Governor, and the Seal now in use shall continue to be used until another shall have been adopted by the General Assembly. Said Seal shall be called the Great Seal of the State of Alabama. Sec. 23. The Secretary of State shall be the custodian of the Seal of the State, and shall authenticate therewith all official act.^ of the Governor; his approval of laws, resolutions, appointments to office and administrative orders, excepted. He shall keep a register of the offi- cial acts of the Governor, and when necessary, shall at- test them, and lay copies of same, together with copies of all papers relative thereto, before either House of the General Assembly, when required to do so, and shall perform such other duties as may be prescribed by law. Sec. 24. All grants and commissions shall be issued in the name and by the authority of the State of Ala- bama, sealed with the Great Seal and signed by the Governor, and countersigned by the Secretary of State. Sec. 25. Should the office of Secretary of State, State Auditor, State Treasurer, Attorney General, Superin- tendent of Education, or Commissioner of Agriculture and Industries become vacant, for any cause, the Gov- ernor shall fill such vacancy until the disability is re- moved or a successor elected and qualified. In case any of said officers shall l)ecome of unsound mind, such un- soundness shall be ascertained by the Supreme C(Uirt upon the suggestion of the Governor. Sec. 20. The Governor, Lieutenant Governor and At- ^torney General are constituted a Board of Conciliation, ^Constitutional Convention. 225 for the adjustment of differences between employer and -employes engaged in mining, manufacturing, transpor- ' tation, or other lawful industries, to which Board may be added in each case coming before it, two citizens of this or of some other State of the Union, to be appointed by the Governor. The Board may propose arbitration before it of any such dispute, whenever it deems proper ; and in its discretion may hear such disputes when re- quested by either or both parties thereto. In all cases coming before it, the Board shall pass on the merits and recommend in writing what ought to be done to adjust the disputes or difference. Its judgment or award shall be advisory merely, unless both parties agree in writing in advance to perform the award, when it may be en- forced by appropriate proceedings in the courts, under such rules and regulations as may be prescribed by law. The Board shall have power to compel the production of papers and the attendance of witnesses in matters germane to the dispute or difference, under such rules and regulations as may be provided by law. Sec. 27. The Governor, Auditor and Treasurer, or the Governor and either the Auditor or Treasurer, when there are funds in the Treasury not immediately needed, may loan out the same on call, for such time and at such rate of interest, as they may deem advisable, taking as collateral, bonds of the United States, or of this State, to the full amount loaned, and the interest agreed to be paid therefor; such loans shall not be made until after one week's public notice, through some paper pub- lished at the Capital, and a record of such loans shall be kept in the office of the Auditor, and reported by the Governor to the General Assembly at its next meeting. See. 28. The State Treasurer, State Auditor, Attor- ney General, and the Commissioner of Agriculture and Industries shall perform such duties as may be pre- scribed by law. The State Treasurer and State Auditor shall, every year, at a time the General Assembly may fix, make a full and complete report to the Governor, showing the receipts and disbursements of revenues of ■every character, and all claims audited and paid out by items, and all taxes and revenues collected and paid into 15 226 Journal of Alakama the Treasury, and from what sources; and they shali niake reports oftener upon any matters pertaining- to tlieir office if required by the (iovernor or General As- sembly. Sec, 29. The State Auditor, State Treasurer, Attor- ney General, Secretary of State, and Commissioner of Agriculture and Industries shall not receive to their use, any fees, costs, perquisites of, office, or other com- pensation than their salaries, as prescribed by law, and all fees that may be payable for any services performed, through such oflticers, shall be at once paid into the State Treasury. Sec. 30. A Sherilt' shall be elected in each county by the qualified electors thereof, who shall hold his office for a term of four years, unless, sooner removed, and sliall be ineligible to such office as his own successor. AVhenever any prisoner is taken from the jail or from the custody of the Sheriif or his deputy, and put to death or suffers grievious bodily harm, owing to the neglect, connivance, cowardice or other grave fault of the Sher- iff, such Sheriff may be impeached under Section 2 of Article V^Il of the Constitution ; and the Governor, when satisfied, after hearing the Sheriff, that he should be im- peached, may suspend him from office for such time as he may think proper, until the impeachment proceedings are finally disposed of. Mr. Jones, of Montgomery, moved that the reading of the ordinance above set out be dispensed with. The motion was lost. ilr. Ivogers, of Sumter, asked unanimous consent that t])e reading of the ordinance l)e dispensed with. An ob- jection was interposed. The ordinance was read at length a second time, and ]»]aced on tlie calendar. Mr. Brooks moved that the Secretary be instructed to have the report of the Committee printed and placed on the desks of each delegate, and that the further con- sideration of the ordinance be postponed until Tues- dav. Constitutional Convention. 227 Mr. Jones, of Montgomery, moved that the rules be suspended in order that he eould make a motion to have the report and ordinance hiid upon the table, and that 300 copies be ordered printed. The Chair held that the motion of ^lessrs. Brooks and Jones, of Montgomery, were not necessary, as the rules of the Convention provided for that which the motions sought to accomplish. Mr. Brooks moved that cmly the majority and minority reports of the Committee be printed. The motion was lost. Mr. Jones, of Montgomery, moved that the report of the Committee and the ordinance submitted by the Com- mittee be printed in full. The motion prevailed. ADJOITRNMENT. On motion of Mr. Brooks, the Convention adjourned until 10 o'clock to-morrow morning. FIFTEENTH DAY. Convention Hall. Montgomery, Ala., Saturday, June 8, 1901. The Convention met pursuant to adjournment. Prayer was offered by Rev. Mr. Howell, of the Con- vention. ROLL CALL. On a call of the roll of the Convention the follow- ing delegates answered to their names, which constituted a quorum : 228 Journal of Alarama Messrs. President, Almon, Altman, Ashcraft, Banks, Barefleld, Bartlett, Beavers, Beddow, Blackwell, Boone, Brooks, Browne, Burns, Cardon, Carmichael (Colbert), Case, Chapman, Cobb, Coleman (Greene), Cunningham, Davis (Etowah), deOraffenried, Duke, Eley, Ejster, Ferguson, Fletcher, Foster, Glover, Graham (Montgomery), Graham (Talladega), Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Henderson, Hinson, Hodges, Hood, Howell, Inge, Jackson, Jenkins, Jones (Bibb), Jones ( Montgomery ) , Jones (Wilcox), Kirk, Knight, Kyle, Locklin, Lomax, Lowe (Jefferson), Lowe ( Lawrence ) , Macdonald, McMillan r Baldwin), McMillan (Wilcox), Malone, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Mulkey, Murphree, NeSmith, Norman, Gates, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, O'Rear, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Pitts, Constitutional Convention. 229 Porter, Tayloe, Proctor, Thompson, Eeynolds (Henry), Waddell, Robinson, Walker, Rogers (Lowndes), Watts, Rogers (Sumter), Weakley, Sanders, Weatherly, Sanford, White, Searcy, Whiteside, Selheimer, Wlllett, Sloan, Williams (Barbour),, Smith (Mobile), Williams (Marengo). Smith, Mac. A., Williams (Elmore), Sollie, Wilson (Clarke), Spears, Wilson (Washington). Spragins, Winn. Stewart, report of committee on the journal. The chairman of the Committee on the Journal sub- mitted the following report : The Committee on the Journal beg leave to report that they have examined the Journal for the fourteenth day of the Convention, and that the same is correct. Respectfully submitted, John F. Proctor, Chairman. The report of the Committee was concurred in. LEAVE OF ARSENCE. Was granted to Messrs. Tayloe, for Monday and Tues- day ; Reynolds, of Chilton, for to-day ; Reese, for to-day ; Cunningham, for Monday; Samford, for yesterday and to-day ; Howze, for to-day ; Corn well, for to-day and Monday; Jones, of Hale, for to-day; Sanders, for Mon- day; Fitts, for to-day; Coleman, of Walker, for to-day; Espy, for to-day; Sollie, for Monday; Long, of Butler, for to-day; Bulger, for to-day; Carmichael, of Coffee, for to-day; Gilmore, for to-day. 230 JOUUXAL OF Alarama Mr. Fletcher gave notice that he would object to any further leaves of absence being granted. MOTION FIXING HOUR OF AD.JOURNMENT. Mr. Jackson moved that when the Convention adjourn to-day that it adjourn until 12 o'clock m. on Monday. The motion prevailed. COMMITTEE (4RANTEI) LEAVE TO SIT DURING SESSION. On motion of Mr. Coleman, of (Ireene, the Committee on Suffrage and Elections were granted leave to sit dur- ing the session to-day. STENOGRAPHIC REPORT. Mr. Blackwell called the attention of the Convention to certain errors in the stenographic report of the pro- ceedings of yesterday, in regard to ordinance number 332, introduced by him. The report was ordered corrected. RECOMMITTAL OF ORDINANCES. Mr. Weakley, chairman of the Committee on Muni- cipal Corporations, returned to the Convention ordin- ance 187. Ordinance 187 : ^'An ordinance to permit municipalities in the State of Alabama having more than 2,000 inhabitants to es- tablish Municipal Courts.'' And requested that said ordinance be referred to the Committee on Judiciary. The ordinance, 187, was referred to the Committee on Judiciary. RESOLITTIONS ON FIRST READING. The following resolutions were introduced, severally read one time at length, and referred to appropriate committees, as follows : Kesolution 138, by ^Ir. Pettus : Constitutional Convention. 231 Whereas, The State debt ma}^ be refunded at a iiiiieh lower rate of interest than the State now pays when it falls due; and, whereas, the increased valuation of ]>rop- erty in the State may reasonably be expected to bring increased revenue to the State; Therefore, be it Kesolved, That it is the sense of this Convention that the State tax limit be reduced, and the Committee on P^inance and Taxation is hereby requested to report on ordinance reducing the constitutional tax limit for the State to such rate as to the committee seems for the best interest of the State. The resolution was referred to tke Committee on Taxation. Kesolution 139, by Mr. Burns: That the additional expense of printing may be saved by leaving off the explanatory notes and publishing only ihe ordinances or resolutions reported by committees, as agreed upon. And that no expense for printing or other purposes be incurred except ordered by a majority of the Conven- tion on a call of the roll. The resolution Avas referred to the Committee on Schedules, Printing and Incidental Expenses. Kesolution 140, by Mr. Williams, of Elmore: That no poll tax or other privilege tax be required of any voter in this State. Be it resolved. That no poll tax or other privilege tax be required of any voter in this State, and that all quali- fications for voters be determined and concluded by "board of precinct registrars, and such other qualifica- tions as may be fixed by this Convention. The resolution was referred to the Committee on Suffrage and Elections. Resolution 141, by Mr. Wilson, of Clarke : To amend subdivision 6 of Rule 22. Resolved, That subdivision 6 of Rule 22 be amended so as to read as follows : 6. Call of the roll in alphabetical order for the intro- duction of resolutions, memorials, petitions and ordin- ances, and their proper reference, but if the roll call is not completed by 10 :30 o'clock of any day, the Conven- 232 Journal of Alabama tion shall at that hour proceed to the next regular order of business. The resolution was referred to the Committee on; Rules. ORDINANCES ON FIRST READING. The following ordinances were introduced, severally read one time, and referred to appropriate committees, as follows : Ordinance 342, by Mr. Burns : To regulate the fees of Constables and deputies. The ordinance was referred to the Committee on Judiciary. Ordinance 343, by Mr.. Case : To amend Section 49 of the present Constitution, to compel children who are able, to support indigent par- ents. The ordinance was referred to the Committee on Judiciary. Ordinance 344, by Mr. Glover: To amend the Constitution by inserting therein : The Legislature shall have the power and authority to revise, regulate and reconstruct the judiciarv svstem of this State. The ordinance was referred to the Committee on Judiciary. Ordinance 345, by Mr. Glover : To amend the Constitution of this State by inserting therein the following : To abolish the right of dower and curtesy, and giving the wife and husband inheritable in each other's estate. The ordinance was referred to the (^ommittee on Judiciary. Ordinance 340, by Mr. Greer, of Perry: Relating to legal advertising. The ordinance was referred to the Committee on Scheduh^s, Printing and Incidental Ex]xmses. Ordinance 347, by ]Mr. ^filler, of ^Marengo : To prevent any corporation from contracting exclus- ively for the sale of any books or articles for use in pub- Constitutional Convention. 233- lie schools to the State of Alabama, or to any counties in the State, or to any cities or towns in the State, or to any school district in the State. The ordinance was referred to the Committee on Corporations. Ordinance 348, by Mr. O'Neill, of Jefferson : To amend Article XI, Section 1, on taxation. The ordinance was referred to the Committee on Taxation. Ordinance 349, by Mr. J. W. A. Sanford : To establish a Great Seal for the State of Alabama. The ordinance was referred to the Committee on Executive Department. Ordinance 350, by Mr. Mac. A. Smith : To amend Section 1 of Article XIV of the Constitu- tion of Alabama. The ordinance was referred to the Committee on Corporations. REPORTS of standing COMMITTEES. The several standing committees of the Convention were called, but no reports were submitted. RESOLUTIONS ON THIRD READING. The following resolution was called for a third read- ing and adoption : Resolution 25: "Eesolved, That the Secretary of the Convention be and he is hereby instructed to preserve five (5) copies of the printed stenographic report of the proceedings of the Convention, and when said report is completed, to cause the same to be bound and deposited in the office of the Secretary of State." The resolution was read a third time at lengthy and adopted. RECONSIDERATION OP VOTE. Mr. Browne moved that the vote by which the reso- lution was aclopted be reconsidered. The motion prevailed. Mr. Browne offered the following amendment to the- resolution 25 : 234 Journal of Alarama Amend by iuserting the word "ten" instead of the word "five" after the word ''preserve," and bv adding after the word "State" the following: > "And five (5) copies to be deposited in the Supreme Court Library." The amendment was adopted. The resolution 25, as amended, was again read at length a third time, and adopted. SPECIAL ORDER. Mr. Jones, of Montgomery, moved that the report of the Committee on Executive Department be taken from the table, and that the same be made a special order for Tuesday, immediately after the call of unfinished busi- ness. The motion prevailed, and the report of the Committee on Executive Department was made a special order for Tuesday immediately after the call of unfinished busi- ness. OBJECTION TO LEAVE OF ABSENCE. Mr. INIalone gave notice that after to-day he would ob- ject to any leave of absence being granted. ADJOURNMENT. On motion of Mr. Creer, of Calhoun, the Convention adjourned until 12 o'clock m. on Monday. SIXTEENTH DAY. Convention Hall. Montgomery, Ala., INIonday, June 10, 1901. The Convention met pursuant to adjournment. Praver was offered bv Rev. Mr. Gav, of the citv. CUXSTITUTIOXAL CoXVEXTIUX. 235 ROLL CALL. On a call of the roll of the ronveutioo the f()lh)wiii|f>- delegates answered to their names, whieh constituted a quorum : Messrs. President, Altman, Ashcraft, Banks, Barefleld, Beavers, Beddow, Bethune, Blackwell, Brooks, Browne, Bulger, Burnett, Burns, Cardon, Carmichael ( Colbert ) , Carmichael (Coffee), Case, Chapman, Cobb, Cofer, Coleman (Greene), Davis (DeKalb), Davis (Etowah), Dent, Elev, Evster, Espy, Ferguson, Fletcher, Foshee, Foster, Glover, Graham ( Montgomery) , 'Graham (Talladega), Grayson, Greer (Calhoun), Haley, Handle^y, Harrison, Heflin (Chambers), Heflin (Randolph), Hinson, Hodges, Howell, Howze, Inge, Jackpon, Jenkins, Jones (Bibb), Jones ( Montgomery ) , Jones (Wilcox), Kirk, Knight, Kyle, Ledbetter, Leigh, Lomax, Long (Butler), Long (Walker), Lowe ( Jefferson ), Lowe (Lawrence), Macdonald, Mc:\rillan (Baldwin), :Mc:\ri]lan (Wilcox), Malone, Maxwell, iNferrill, i\riller (Marengo), Miller (Wilcox), 236 JouuNAL OF Alabama Moody, Mulkey, NeSmith, Norman, No^^yood, Oates, O'Neal (Lauderdale), O'Neill (Jefferson), O'Rear, Parker (Cullman), Parker (Elmore), Pearee, Pettus, Pillans, Pitts, Porter, Proctor, Reese, Eenfro, Reynolds (Chilton), Reynolds (Henry), Robinson, Rogers (Sumter), Samford, San ford. Searcy, Selheimer, Sentell, Sloan, Smith (Mobile),. Smith, Mac. A.,. Sorrell, Spears, Spragins, Stewart, Tayloe, Thompson,. Vaughan, Wad^lell, Walker, Watts, Weakley, Weatherly, NVhite, Whiteside, Willett, Williams (Barbour),." Williams (Marengo), Williams (Elmore), Wi Ison ( Washington ) -119f LEAVES OF ABSENCE. Was granted to Messrs. iVlmon for to-day; King in- definitely; Duke for to-day; Studdard for to-day; Jones, of Hale, for to-day ; Selheimer for to-day ; Martin for to- day; Wilson, of Clarke, indefinitely; Greer, of Perry, for to-day ; Hood for to-day ; Altman for to-day ; Opp for to-day; Henderson for to-day; ^Nlorrisette for to-dav and to-morrow; Locklin for to-day and to-morrow; Coleman of Walker for to-day. REPORT OF CO]MMITTEE ON THE JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report: Constitutional Convention. 237 The Committee on the Journal beg leave to report that they have examined the Journal for the fifteenth day of the Convention and that the same is correct. Respectfully submitted, John F. Proctor, Chainnun. The report of the Committee was concurred in. committee granted leave to sit during session. On motion of Mr. Coleman, of Greene, the Committee ■on Suffrage and Elections was granted leave to sit dur- ing the session of to-day. recommittal of ordinances. Mr. Gates, chairman of the Committee on Legislative Department, returned to the Convention ordinance 341. Grdinance 341 : '^For the equitable distribution of the surplus moneys arising from the sale of fertilizer tags." And requested that same be referred to the Committee on Taxation. The ordinance 341 was referred to the Committee on Taxation. Grdinance 267 : On motion of Mr. Ledbetter ordinance 267, "That the office of Examiner of Public Accounts be and the same is hereby continued," was ordered referi'ed to the Com- mittee on Banks and Banking. ORDINANCES ON FIRST READING. The following ordinances were introduced severally read one time at length, and referred to appropriate committees, as follows: Ordinance 351, by Mr. Davis, of Etowah : To amend Article VII, Section 10, of the Constitu- tion. (Relates to waiving of exemptions.) The ordinance was referred to the Committee on Exemptions. Ordinance 352, by Mr. Eyster: For the protection of local building and loan associa- tions from excessive taxation. 238 Journal of Alabama The oFclinaiK-e was referred to the Committee on Corporations. Ordinauce 353, by Mr. Haley : Kelates to exempted property. The ordinance \\as referred to the Committee on Exemptions. Ordinance 354, by Mr. Haley : Kelates to count}^ bonndaries. The ordinance was referred to the Committee on State and Connty Bonndaries. Ordinance 355, by Mr. Harrison : To limit the indebtedness of cities, towns and villages in this State. The ordinance was referred to the Committee on ^Municipal Corporations. Ordinance 350, by ]Mr. Long, of Walker : Relates to Judicial Department, The ordinance was referred to the Committee on Judiciary. Ordinance 357, by Mr. O'Neill, of Jeffeii«5(tn : To amend Section 1, Article XI. The ordinance was referred to the Committee on Municipal Corporations. Ordinance 358, by Mr. O'Neill, of Jetf ej'son : To amend Section 1, Article XI. The ordinance was referred to the Committee on Taxation. Ordinance 359, l)y Mr. O'Neill, of Jefferson : To an)end Article V of the Constitution. The ordinance was referred to the Committee on Executive Department. Ordinance 3(50, by Mr. Sanford: To ])rohibit the ownership of real estate by ])ersons owing alleoiance to f(treiun governments. The ordinance was referred to the Committee on Legi si a t i ve Depa r t m en t . Ordinance 3()1. by ]Mr. Mac. A. Smith, Autauga : To amend Section 25 of Article VI of the Constitu- tion of Alabama. The ordinance was referred to the Committee on Judiciarv. Constitutional Convention. 239 Ordinance 362, by Mr. Watts : To amend Section 8, Article XIV, The ordinance wavs referred to the Committee on Corporations. Ordinance 363, by Mr. Williams, of Marenj>,o : Kelates to exemption from taxation. The ordinance was referred to the Committee on Taxation. Ordinance 364, by Mr. Oates : To prevent an increase of ^^tate debt, and to rej»nlate temporary loans. The ordinance was referred to the Committee on Taxation. Ordinance 365, by Mr. Oates : To provide for refunding the bonded debt of the State, and for improving the Capitol building and grounds. The ordinance was referred to the Committee on Legislative Department. reports of standing committees. ]Mr. Jones, of Montgomery, chairman of the Commit- tee on Executive Department, offered the following amendment to the report of the Committee on Executive Department : Montgomery, Ala., June 10, 1901. -)//'. f'rrsident : The Committee on Executive Department ask leave to amend the ordinance entitled "An ordinance to create and define the 'Executive Department, "' heretofore re- })orted to the Convention as follows: Amend Section 3 l)y adding after the words "shall be elected'' the following words, "on the first IMonday in August, 1902, and thereafter." Amend Section 5 by adding the words "elected in the year 1902" between the word "Commissioner of Agri- culture and Industries" and the word "shall" in such section. Amend Section 13 by striking out the words "or re- cess," and by adding after the words "in which case it 240 Journal of Alarama shall not be a law," the following words, ''but when re- turn is ijrevented by a recess, such bill must be returned to the House in which it originated, within two days after its reassembling, otherwise it shall become a law." Amend Section 16 by striking out the period at the end thereof, and inserting in lieu thereof a semicolon, and by adding the following words, "when the incum- bent denies that the Grovernor, or other person entitled to administer the office, has been restored to his mind, the Supreme Court, at the instance of any officer named in Section 15, shall ascertain the truth concerning the same, and, if the officer has been restored to his mind, shall so certify on its minutes and file a duly certified copy thereof with the Secretary of State, and in that event his office shall be restored to. him." Amend Section 27 by adding after the words "as they may deem advisable," the following words, "to the best bidder." Thomas G. Jones, Chairman. Mr. Jones, of Montgomery, moved that the amend- ment above set out be laid upon the table, and be con- sidered with the report of the Committee on Executive Department, which report is set for consideration on Tuesday. Mr. Macdonald moved to amend the motion of Mr. Jones, of Montgomery, by adding that 300 copies of the amendment be printed for the use of the delegates. The motion prevailed. The question recurred upon the motion of Mr, Jones, of ^Montgomery. The motion of Mr. Jones, of Montgomery, as amended, prevailed. SCHEDULE, PRINTING AND INCIDENTAL EXPENSES. Mr. Heflin, of Randolph, chairman of the Committee on Schedules, Printing and Incidental Expenses, re- ported favorably the following resolution : Eesolution Xo. 120, bv Mr. Gravson : Constitutional Convention. 241 Kesolved, That all resolutions authorizing the pay- ment of any money shall be adopted only by a yea and nay vote. The resolution above set out was read at length a sec- ond time, and placed on the calendar, and 300 copies ordered printed. invitation to address the convention. Mr. Sanford moved that Miss Frances Griffin be in- vited to address the Convention on the subject of "Wom- an Suffrage." Mr. Burns raised the point of order that the motion was out of order in that it required a suspension of the rules before the motion could be entertained. The point of order was sustained. Mr. Miller, of Marengo, moved that the rules be sus- pended, and that Miss Frances Griffin be invited to ad- dress the Convention on the subject of "Woman Suffrage." The motion prevailed, and the rules were suspended, and Miss Griffin was invited to address the Conven- tion. The ChaiL' appointed the following committee to notify Miss Griffin of the invitation and to conduct the lady to the President's stand. Committee — Messrs. Sanford, Burns, and Wilson, of AYashington. Miss Griffin was thereupon introduced to the Conven- tion, and spoke at length upon the subject. vote OF THANKS. Mr. Jarkson moved that the thanks of the Convention be tendfred Miss Griffin for the very able address just 'delivered. The motion prevailed. ADJOURNMENT. On motion of 3Ir. "Aliller, of Alarengo, the Convention adjourned until to-morrow morning at 10 o'clock. 16 242 Journal of Alarama SEVENTEENTH DAY. Convention Hall. Montgomery, Ala., Tuesday, June 11, 1901. The Convention met pursuant to adjournment. Prayer was offered by Kev. Mr. Stickney, of the city.. ROLL CALL. On a call of the roll of the Convention, the following delegates answered to their names, which constituted a quorum : Messrs. President, Altman, Ashcraft, Banks, Barefield, Bartlett, Beavers, Beddow, Bethune, Black well, Boone, Brooks, Browne, Bulger, Burnett, Burns, Cardon, Carmichael (Colbert) Carmichael (Coffee), Case, Chapman, Cobb, Cofer, Coleman (Greene), Coleman (Walker), Craig, Hend2rson, Davis (DeKalb), Davis (Etowah), Dent, de(iraffenried, Duke, Eley, Evster, Espy, Fergurfc n, Pitts, Fletcher, Foshee, Foster, Gilmore, Graham (Montgomery),. Graham (Talladega), Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflln (Chambers), Heflin (Randolph), Constitutional Convention, 243 Hinson, Hodges, Hood, Howell, HoAYze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Ledbetter, Leigh, Lomax, Long (Butler), Long (Walker), Lowe (Jefferson), Lowe (Lawrence), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Mulkey, Murphree, NeSmith, Norman, Norwood, Oates, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Pitts, Porter, Proctor, Keese, Renfro, Reynolds (Chilton),. Rej^nolds (Henry), Robinson, Rogers (Lowndes), Rogers (Sumter),. Sanders, Sanford, Searcy, Selheimer,, Sentell, Sloan, Smith (Mobile), Smith, Mac. A., Smith, Morgan M.^ Sollie, Sorrell, Spears, Spragins, Stewart, Tayloe, Thompson, ,' Vaughan, Waddell, Walker, Watts, AVeakley, Weatherly^ 244 Journal of Alabama White, Williams (Marengo), Whiteside, Williams (Elmore), Willett, Wilson (Washington). Williams (BarbourJ, Wiuu — 142. LEAVE OF ABSENCE Was granted to Messrs. Maxwell, Glover, Carmichael and Almon for to-daj^ REPORT OF COMMITTEE ON THE JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in : The Committee on the Journal beg leave to report that they have examined the Journal for the sixteenth day of the Convention, and that the same is correct. John F. Proctor, Chairman. ORDINANCES ON FIRST READING. The following ordinances were introduced, severally read one time at length, and referred to appropriate committees, as follows : Ordinance 366, by Mr. Brooks: To define a trust, and to prohibit the same in this State. The ordinance was referred to the Committee on Legislative Department. Ordinance 367, by Mr. Jones, of Hale : To amend Section 26 of Article VI. (Relates to Jus- tice of the Peace.) The ordinance was referred to the Committee on Judiciary, Ordinance 368, by Mr. Burns: To amend Article VIII of the present Constitution. The ordinance Avas referred to the Committee on Suffrage and Elections. Ordinance 369, by Mr. Burns : To amend Section 3 of Article VIII. Constitutional Convention. 245 The ordinance was referred to the Committee on Suifrage and Elections. suspension of the rules. Mr. White moved to suspend the rules in order to dis- pense with the regular order of business, and then moved to take up the report of the Committee on Executive De- partment. The rules were suspended and the Convention proceeded to the consideration of the report of the com- mittee. Mr. Harrison moved that the Convention resolve itself into committee of the whole, in which the five minute rule should apply. Mr. Jones, of Montgomery, moved the indefinite post- ponement of Mr. Harrison's motion. point op order. Mr. deGraffenried made the point of order that the motions of both Messrs. Harrison and Jones, of Mont- gomery, were out of order, in that the rules provided that the minority report is considered, an amendment to the ordinance and that the ordinance on third read- ing, should be considered section by section. The Chair held that there was no rule providing for the Convention to go into a committee of the whole, but it was in order for an}^ delegate to make a motion that the Convention resolve itself into a committee of the whole. (The motion of Mr. Harrison was withdrawn.) Mr. Fitts moved that the ordinance be ordered to a third reading. At the request of Mr. Jones, of Montgomery. Mr. Fitts withdrew his motion. Mr. Jones, of Montgomery, stated that he desired to make a motion that the ordinance be ordered to a third reading, and that his object in making this motion was to place the ordinance before the Convention. Mr. Jones, of ^Montgomery, addressed the Conven- tion at length upon the ordinance submitted by the Com- 246 JouEXAL OF Alabama mittee on Executive Department, and thereupon with- drew his motion to order the ordinance to a third read- ing. Mr. Jones, of Montgomery, moved that the ordinance be placed upon a third reading, and that it be considered section bv section. Mr. Harrison raised the point of order that under Rule 51 of the Convention, the proposed questicju was upon the minorit}^ report, which was to be considered an amendment. The Chair held that the point of order was well taken, but that the minority report would be taken up when the sections it sought to amend were reached. The ordinance : "To create and define the Executive Department." Was ordered read section by section. Section 1 was thereupon read as follows : Section 1. The Executive Department shall consist of a Governor, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney Gen- eral, Superintendent of Education, Commssioner of Ag- riculture and Industries, and a Sherift" for each county. iMr. Gates offered the following amendment to Sec- tion 1. Auiend Section 1 by striking out the word "State" where it occurs in the second line of Section 1 before the word Auditor and Treasurer. The amendment offered by Mr. Gates was adopted. ]Mr. Long, of Walker, offered the following amend- ment : Amend the ordinance by striking out the words "Lieu- tenant Governor" wherever they occur in said ordin- ance. Mr. Gates raised the point of order that the amend- ment offered by ]Mr. Long of Walker was out of order in that it was an amendment to the entire ordinance, and that the Convention was considering (Uily Section 1 of the ordinance. The point of order was sustained. Mr. Long, of Walker, thereupon asked unanimous <'onsent that he be allowed to offer the amendment so that it would apply only to Section 1. Constitutional Convention. " 247 LTnanimous consent \yas given. Mr. O'Neal, "of Lauderdale, called for the previous question on the amendment offered by Mr. Long, of Walker. The call for the previous question was sus- tained. The question recurred upon the adoption of the amendment offered by Mr. Long, of Walker. The amendment was lost. Mr. Jones, of Montgomery, moved the previous ques- tion on the adoption of Section 1, as amended, and the motion prevailed. Section 1 : "The Executive Department shall consist of a Gover- nor, Lieutenant Governor, Secretarj^ of State, Auditor, Treasurer, Attorney General, Superintendent of Edu- cation, Commissioner of Agriculture and Industries, and a Sheriff' for each county," was adopted. SECTION TWO. Mr. Jones, of Montgomery, moved that Section 2 of the ordinance be adopted. See. 2. The Supreme Executive power of this State shall be vested in a Chief Magistrate, who shall be styled '"The Governor of the State of Alabama." Mr. Gates offered the following amendment to Sec- tion 2 : Amend Section 2 by striking out the words "of the State" where said words appear in the second line of Section 2. Mr. O'Neal, of Lauderdale, moved to lay the amend- ment offered by Mr. Gates upon the table, and the mo- i;ion prevailed. Sec. 2. The Supreme Executive power of this State shall be vested in a Chief ]\Ligistrate, who shall be styled "The Governor of the State of Alabama," was adopted. SECTION THREE. Sec. 3. The Governor, Lieutenant Governor, Secre- tary of State, State Treasurer, State Auditor, Attorney 248 Journal of Alabama General, Superintendent of Edncation and Commission-^ er of Agriculture and Industries shall be elected every four years by the qualified electors of this State, at the same time and places appointed for the election of mem- bers of the General Assembh^, was read at length. Mr. Jones, of Montgomery, moved that the following amendment offered by the Committee on Executive De- partment, be adopted : Amend Section 3 by adding after the words "shall be elected" the following words, "on the first Mondav in August, 1902, and thereafter." Mr. Coleman, of Greene, offered the following amend- ment as a substitute for the amendment offered by the Committee : Amend Section 3 by striking out all of said section, beginning with the words "ever}^ four j-ears," and sub- stituting therefor the following : "Shall be elected at the same time and places appoint- ed for the election of members of the General Assembly in 1902, and every four years thereafter by the quali-^ fied electors of the State." The amendment offered by Mr. Coleman, of Greene, was accepted by the committee. Mr. Pillans oft'ered the following amendment as a substitute for the amendment oft'ered by Mr. Coleman, of Greene : x\mend by adding after the words "shall be elected" the following words, '4n the year 1902 and thereafter." The substitute offered by Mr. Pillans for the amend- ment offered by Mr. Coleman, of Greene, was lost. The question recurred upon the amendment offered by Mr. Coleman, of Greene: Amend Section 3 by striking out all of said section,, 'beginning with the words "every four years," and sub- stituting therefor the following: Shall be elected at the same time and places appointed for the election of members of the General Assembly in 1902, and every four years thereafter, by the qualified' electors of the State. And the amendment was adopted. Constitutional Convention. 249' Mr. Browne offered the following amendment to Sec- tion 3 : Amend Section 3 by striking out the words ''State" where it appears in the first line of said section of the printed copy before the words Treasurer, and immedi- ately after the Avord Treasurer. The amendment was adopted. Mr. Gates offered the following amendment to Sec- tion 3 : Amend Section 3 by striking out the words "Attorney" General" where said words occur in said section. Mr. Waddell moved to lay the amendment of Mr. Gates upon the table, and the motion prevailed. Mr. Burnett offered the following amendment to Sec- tion 3 : To amend Section 3 by striking out the words where- they occur, "on the first Monday in August," and insert- ing in lieu thereof the following, "on Tuesday after the first Monday in November," and to add to said Section 3, at the end the following words, "the Legislature shall have power to change the time of holding the election." Pending the further consideration of the amendment offered by Mr. Burnett, Mr. Heflin, of Chambers, raised the point of order that the hour of 1 o'clock p. m. having arrived, under the rules the Convention stood adjourned. The point of order was sustained, and the Convention- adjourned until 10 o'clock to-morrow morning. EIGHTEENTH DAY. Convention Hall. Montgomery, Ala., Wednesday, June 12, 1901. The Convention met pursuant to adjournment. Prayer was offered by Rev. Dr. Stakley of the city. 250 Journal of Alabama ROLL CALL. On a call of the roll of the Convention the following delegateKS ans\Yered to their names, which constituted a qnoriim : Messrs. President, Almon, Altman, Ashcraft, Banks, Barefleld, Beavers, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Bulger, Burnett, Burns, Cardon, Carmicliael (Colbert), Carmichael (Coffee), Case, Chapman, Cobb, Cofer, Coleman (Greene), Coleman (Walker), Craig, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, deCraffenried, Eley, Eyster, Espy, Ferguson, Pitts, Fletcher, Foshec, r^'oster, Freeman, Gil more. Glover, Graham ( Montgomery ) , Graham (Talladega), Grant, Grayson, Greer (Calhoun), Greer (Marion), Halej^, Handley, Harrison, Hefiin (Randolph), Henderson, Hinson, Hodges, Hood, Howell, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), Kirk, Kirklnnd, Kniiiht, Ledberter, Lei ah. Constitutional Convention. 251 Lomax, Long (Butler), Long (Walker), Lowe (Jefferson), Lowe ( Lawrence ) , Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Morrisette, Mulkey, Miirpliree, NeSmith, Norman, Norwood, Gates, O'Neal ( Lauderdale ) , O'Neill (Jefferson), Opp, O'Rear, Palmer, Parker ( Cullman ) , Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Pitts, Porter, Proctor, Reese, Reynolds (Henry), Robinson, Rogers (Lowndes), Rogers (Sumter), Sanders, San ford, Searcy, Selheimer, Sentell, Sloan, Smith (Mobile), Smith, Mac. A., Smith, Morgan M,, Sollie, Sorrel], Spears, Spragins, Stewart, Thompson, Vaughan, Wacidell, Walker, Watts, Weakley, Weatherlv, White, Whiteside, Willett, Williams (Barbour), Williams ( Marengo) , Wilson (Washington) Winn— 139. RESOLUTIONS. ■Mr. Harrison offered the following resolution : Resolution 142, by Mr. Harrison : Whereas, the immortal spirit of William J. Samford, the distinguished Oovernor of Alabama, has passed 252 Journal of Alabama from earth to the God who gave it, leaving the people of" the entire State deeply impressed with a lively appre- ciation of his manly character and many virtues; and with a profound sense of the great loss sustained by the State, and Whereas, His remains will reach this city from Tus- caloosa by special train about 6 o'clock this afternoon ; Now, therefore, be it resolved. First, That this Con- vention stand adjourned until Thursday at noon as a mark of respect to the lamented dead; Second, Be it further resolved. That a committee of nine from this Convention be appointed by the Presi- dent to proceed to Tuscaloosa to escort the remains to the Capitol and attend his funeral; Third, Be it further resolved. That the family of the deceased be requested to allow the remains of the dis- tinguished dead to lie in state in the Capitol during to- morrow, Thursdav, until removed to his home at Ope- lika. Mr. Harrison moved that the rules be suspended. The motion prevailed. Mr. Harrison moved that the resolution be adopted by a rising vote. The motion prevailed, and the resolution was unani- mously adopted. The Chair thereupon aiDpointed the following com- mittee : Committee — Messrs. George P. Harrison, J. J. Robin- son, G. A. Searcy, Thomas G. Jones, of Montgomery; C. H. Miller, of Marengo ; John T. Ashcraft, R. M. Cun- ningham, J. B. Graham, of Talladega; Hubert T. Davis,, of Etowah. ADJOURNMENT. Under the resolution above set out, the Gonventioii- adjourned until to-morrow at 12 o'clock m. Constitutional Convention. 253 NINETEENTH DAY. Convention Hall. Montgomery, Ala., Thursdav, June 13, 1901. The Couventiou met pursuant to adjournment. Prayer was offered b}' Rev. Mr. Gay of the city. ROLL CALL. On a call of the roll of the Convention, the following delegates answered to their names, which constituted a quorum : Messrs. President, Almon, Altman, Ashcraft, Banks, Barefield, Bartlett, Beavers, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Burnett, Burns, Byars, Cardon, Carmichael ( Colbert ) , Carmichael (Coffee), Case, Chapman, Cofer, Coteman (Greene), Coleman (Walker), Crais:, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, deGraffenried, Duke, Eley, Eyster, Espy, Ferguson, Pitts, Fletcher, Foshee, Foster, Freeman, Gilmore, Glover, Graham ( Montgomery ) , Graham (Talladega), Grant, Grayson, Greer (Calhoun), Harrison, Greer (Perry), Haley, Handley, 254 Journal of Alabama Heflin (Cliambers), Heflin (Randolph), Henderson, Hinson, Hodges, Hood, Howell, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Hale), Jones ( Montgomery ) , Jones (Wilcox), Kirk, Kirkland, Knight, Ledbetter, Leigh, Locklin, Lomax, Long (Butler), Long (Walker), Lowe (Jefferson), Lowe (Lawrence), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Morrisette, Mnrphree, NeSmith, Norman, Norwood,. Oates, O'Neal (Lauderdale),. Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Pitts, Porter, Proctor, Reese, Robinson, Rogers (Sumter), Sanders, Sanford, Searcy, . Selheimer, Sentell, Sloan, Smith (Mobile), Smith, Mac. A., Smith, Morgan M.,. Sollie, Sorrell, Spears, Spragins, Stewart, Tayloe, Thompson, Vaughan, Waddell, Walker, Watts, Weakley, Weatherly,. White, Whiteside,. Constitutional Convention. 255 AVillett, AAllsoD (Clarke), Williams (Barbour), Wilson (Washington). Williams (Marengo), Winn — 142. Williams (Elmore), LEAVE OF ABvSENCE Was granted to ^Ir. K^ie until Monday. RESOLUTIONS. Mr. Harrison ottered the following resolution : Kesolution 143, by Mr. Harrison : AAliereas, the remains of Hon. W. J. Samford, late Governor of this State, now lie in state in the Capitol, and Whereas, His funeral services will occur at his home in Opelika to-morrow, L^riday, at 9:30 o'clock a. m., and the delegates of this Convention desire to attend these services ; Now, therefore, be it resolved, That this Convention do now recess until 2:30 this afternoon, and that when it adjourns this afternoon it adjourn to meet at 2 :30 o'clock to-morrow, Friday, afternoon, in order to give the delegates the opportunity of attending said funeral services. ^Ir. Graham, of Talladega, moved that the rules be suspended. The motion prevailed. Mr. Harrison moved that the resolution be adopted. The motion prevailed. RECESS. lender the resolution above set out, the Convention recessed until 2 :30 o'clock this afternoon. . EVENING SESSION. The Convention met pursuant to adjournment. ■256 Journal of Alabama ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum: -Messrs. President, Barefleld, Bartlett, Beddow, Bethune, Brooks, Browne, Burnett, Burns, Byars, Cardon, Carmichael (Colbert), Carmichael (Coffee), Case, Cobb, Cofer, Coleman (Greene), Coleman (Walker), Craig, Cnnningham, Davis (DeKalb), Davis (Etowah), Dent, deGraffenried, Duke, Eley, Eyster, Espy, Ferguson, Fitts, Fletcher, Foshee, Freeman, Gilmore, Glover, Graham (Talladega), Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Hinson, Hood, Howell, Howze, Jackson, Jenkins, Jones (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), Kyle, Ledbetter, i.eigh, Locklin, Loniax, Long (Walker), Lowe (Jefferson), LoAve ( Lawrence ) , Macdonald, McMillan (Wilcox), Malone, Martin, Merrill, Miller (Marengo), Miller (Wilcox), Constitutional Convention. 257 Moody, Morrisette, Murpliree, NeSmith, Norwood, Gates, O'Neal (Lauderdale), Opp, O'Rear, Parker (Elmore), Pearce, Pettiis, Phillips, Pillans, Pitts, Proctor, Reese, EobinsoD, Kogers (Lowndes), Rogei-s (Sumter), Sanders, Sanford, Selheimer, Sentell, Smith (Mobile), Smith, Mac. A., Smith, Morgan M., SoUie, Sorrell, Spears, Spragins, Stewart, Studdard, Thompson, Vaughan, Waddell, Walkci', Watts, Weakley, ' Weather ly. White, Whiteside, Williams (Barbour), Williams ( Marengo) , Williams (Elmore), Wilson (Washington) Winn— 117/ LEAVE OF ABSENCE Was granted to Messrs. Williams, of Elmore, indefi- nitely; Reynolds, of Henry, until Monday, REPORT OF THE COMMITTEE ON THE JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in: The Committee on the Journal beg leave to report that they have examined the Journal for the seventeenth day of the Convention, and that the same is correct. Respectfully submitted, John F. Proctor, Chairman. 17 258 Journal of Alabama resolutions on first reading. The following resolutions were offered, read one time at length, and referred to appropriate committees, as- follows : Resolution 144, by Mr. Watts : Be it resolved, That the Committee on Executive De- partment report to this Convention whether any separ- ate ordinance or provision in the Constitution to be- framed is necessary to provide for succession in the office of Governor until the Governor elected in 1902 goes into office. The resolution was referred to the Committee on Executive Department, Resolution 145 ( with message ) , by Mr. AYeakley : Be it resolved by this Convention that the proper offi- cers of this Convention be instructed to transmit to the- Constitutional (Convention of the State of Virginia, now in session at Richmond, tlie following message: To tJifj President and Delegates of the Constitutional Conreutiion of the tState of Virginia, Richmond, Va.: The President and delegates of the Constitutional Con- vention of the State of Alabama, now in sesf^ion at Montgomer}^, extend greetings to the President and dele- gates of the Constitutional Convention of the State of Virginia, now in session at Richmond. Mr. AYeakley moved that the rules be suspended, and that the resolution l)e adopted. The motion prevailed, and the resolution was adopted. ORDINANCES ON FIRST READING. The following ordiminces were introduced, severally read one time at length, and referred to appropriate committees, as follows : Ordinance 370, by IMr. Rogers, of Sumter: Relates to tlie meeting of the Legislature. The ordinance was referred to the Committee on; Legislative Department. Ordinance 371, by Mr. Parker, of Elmore: Constitutional Convention. 259 An ordinance to amend ^ectioi. 17 of Article VI of the present Constitution. The ordinance was referred to the Committee on Judiciary. REPORT OF standing COMMITTEES. Mr. Jones, of Montgomeiy, chairman of the Committee on Executive Department, submitted the following re- port: Mr. President : The Committee on Executive Department direct me to report as a substitute for ordinance No. 349, "To es- tablish a Great Seal for the State of Alabanui," the fol- lowing : Section 22. Commemorative of the heroism of Emma Sanson the (xreat Seal of the State, which shall be used officially by the (iovernor, shall consist of the figure of an officer on horseback, fully armed, and a 3 oung woman seated behind him, with her left hand pointing forward; and the legend "I will show you the way." The said seal shall be called the Great Seal of the State of Ala- bama. The committee recommend that Section 22 of the ordinance "to create and define the Executive Depart- ment," as it now stands, be stricken out, and that said substitute be adopted in lieu thereof. Thomas G. Jones, Chairman. The ordinance was read a second time at lengih, and placed upon the calendar, and 300 copies ordered printed. REPORT OF THE COMMITTEE ON RULES. Mr. Smith, of Mobile, acting chairman of the Com- mittee on Kules, submitted the following report: The committee reports adversely resolution No. 136, introduced by Mr. Proctor of Jackson, and recommends that it be not adopted by the Convention. Said resolu- tion reads as follows: 260 Journal of Alabama Kesolution Xo. 136 : Kesolved, That on and after the passage of this reso- lution all requests for leave of absence shall be reduced to writing, and sent to the Secretary's desk by 12 o'clock of each da}' and passed ujion by the Convention at that hour and that no other requests for absence shall be con- sidered at am' other time. The committee amends resolution No. Ill, introduced hj Mr. Wilson, of Clarke, by striking out the words ''ten-thirty" and inserting in place thereof the word "eleven." The committee reports favorably on the reso- lution, as amended, and recommends that it, as amended, be adopted by the Convention. Said resolution, as amended, reads as follows : Eesolution Xo. Ill : Eesolved, That subdivision 6, of Kule 22, be amended so as to read as follows: 6. Call of the roll in alpha- betical oMer for the introduction of resolutions, memor- ials, petitions and ordinances, and their proper refer- ence. But if the roll call is not completed by 11 o'clock of any da}', the Convention shall at that hour proceed with the next regular order of business. The committee herewith returns to the Convention the resolutions hereinabove referred to. Mr. Beddow moved that resolution 136, set out in the above and foregoing report of the Committee on Rules, be laid upon the table. And the motion prevailed. Mr. White moved that resolution 111, set out in the above and foregoing report of the Committee on Rules, be adopted. And the motion prevailed. SUSPENSION OF THE RULES. Mr. White moved that the rules be suspended and that the committee proceed to the consideration of the report of the Committee on Executive Department. The rules were suspended, and the Convention pro- ceeded to the Consideration of the Constitutional Convention. 261 unfinished business^ Which was an ordinance "To create and define the Executive Department." The question being upon the adoption of the amend- ment to Section 3 of the said ordinance, offered bj Mr. Burnett. To amend Section 3 by striliing out the words, where they occur "on the first Monday in August," and insert- ing in lieu thereof tlie following : "On Tuesday after the first Monday in November." And to add to said Sec- tion 3, at the following words, "The Legislature shall have the power to change the time of holding- the elec- tion." By unanimous consent the amendment was with- drawn. Mr. Sanford offered the following amendment to Sec- tion 3, which was read at length : To amend 3 by striking out the words "four years" and the insertion therein of the words "two years.' Mr. Reese moved to table the amendment offered by Mr. Sanford, and the motion prevailed. Mr. O'Rear offered the following amendment to Sec- tion 3, which was read at length : Amend Section 3 by striking out the figures "1902" and. insert in lieu thereof the figures "1904." Mr. Jones, of Montgomery, moved to table the amend- ment offered by Mr. O'Rear, and the motion prevailed. Mr. Coleman, of Greene, offered the following amend- ment to Section 3, which was read at length : Amend Section 3 by striking out the words "1902'^ and insert therein the words "1904." Mr. Dent moved to table the amendment offered by Mr. Coleman, of Greene, and the motion prevailed. Mr. Jones, of Bibb, offered the following amendment to Section 3, which was read at length : Amend Section 3 by adding immediately after the words "Attorney General" the words "who shall be learned in the law." The amendment offered by Mr.. Jones, of Bibb, was lost. 262 Journal of Alabama Mr. Howze moved that iSectiou 3, as amended : See. 3. The Governor, Lieutenant Governor, Secre- tary of State, Treasurer, Auditor, Attorney General, Superintendent of Education, and Commissioner of Ag- riculture and Industries, shall be elected at the same time and places appointed for the election of members of the General Assembly in 1902, and every four years thereafter by the qualified electors of the State. The motion of Mr. Howze prevailed, and Section 3, as amended, was adopted. SECTION FOUR. Sec. 4. The returns of ever}' election for Governor, Lieutenant-Governor, Secretary of State, State Auditor, State Treasurer, Attorney-General, Superintendant of of Education, and Commissioner of A<;,riculture and Industries, shall be sealed up and transmitted by the returning officers to the seat of Government, and direct- ed to the Speaker of the House of Representatives, who shall, during the first week of the session to which said returns shall be made, open and publish them in the presence of both Houses of the General Assembly in joint Convention ; but the Speaker's duty shall be purely ministerial, in this respect and any objection to any re- turn on account of informality, defect or other cause, shall be decided by the Speaker, subject to the control of the majority of the joint convention. The person having the higliest number of votes for either of said offices shall be declared duly elected; but if two or more persons shall have an equal and the highest number of votes for the same office, the General Assembly, by joint vote, without delay, shall choose one of said persons for said office. Contested elections for Governor, Lieuten- ant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Edu- cation, and Commissioner of Agriculture and Industries shall be detenu ined by both Houses of the General As- sembly, in such manner as may be prescribed by law, — was read at length. Constitutional Convention. 263 Mr. Grahaui, of Talladega, otfered the following ameudmeut to iSectioii 4, which was read at length : Amend Section 4 by striking out the word ''State" before the words "Auditor and Treasurer'' wherever it occurs in the section. The amendment Was adopted. Mr. Graham, of Talladega, offered the following amendment to Section 4, which was read at length : Amend line 13 of Section 4 by substituting the word '''any" for the word "either.'' The amendment was adopted. Mr. Robinson oft'ered the following amendment to Section 4, which was read at length : Amend Section 4 by inserting after the word "Con- vention" in the ninth line, the following, "but said ob- jection shall be determined without debate or delay, and the power of said Convention shall be limited by that of the Speaker." The amendment was adopted. reconsideeation. Mr. Fitts nu)ved that the vote by which the amend- ment offered by Mr. Ivobinson passed, be reconsidered. Mr. Keese raised the point of order that under the rules the motion of Mr. Fitts should go over until to- morrow for consideration. The point of order was sustained. Mr. deGraffenried moved that the rules be suspended in order to immediately reconsider the vote by which the amendment was adopted. The motion prevailed, and the rules were suspended. Mr. Fitts moved that the vote by which the amend- ment offered by Mr. Robinson was adopted be reconsid- ered, and the motion prevailed. Mr. Rogers, of Sumter, offered the following resolu- tion, which was read at length : Resolved, That it is the sense of this Convention that Section 4 of an ordinance "to create and define the Exe- cutive Department." is ambiguous, and that we do recommend it to said committee for revision. 264 Journal of Alabama The resolution was adopted, and Section 4 of the ordi- nance was recommitted to the Committee on Executive Department. SECTION FIVE. Sec. 5. The Governor, Lieutenant Governor, Secre- tary of State, State Treasurer, Attornej^ General, State Auditor, Superintendent of Education, and Commis- sioner of Agriculture and Industries shall hold their respective offices for the term of four jears from the first day of December of the year in which the}^ shall have been elected, and until their successors shall be elected and qualified, and under the first election under this Con- stitution neither of them shall be eligible as his own suc- cessor ; and the Governor shall not be eligible to election to any office under this State within one year after the expiration of his term; and his acceptance of the office shall be a pledge to the people not to accept an election or appointment to the Senate of the United States at any time during his term, or within one year thei^e- after. Was read at length. Mr. Jones, Chairman of the committee, offered the following amendment to Section 5, which was read at length : Amend Section 5 by adding the words ''elected in the year 1902" between the word ''Commissioner of Agri- culture and Industries'' and the word ''shall" in such section. Mr. Walker offered the following substitute for the amendment offered by the committee, whicli was read at length: Amend by adding after word 1902 in amendment the following words, "and in each fourth year thereafter." Mr. Lomax moved to table the substitute for the amendment offered by ]Mr, Walker, and the motion pre- vailed. The question recurred upon the adoption of the amendment offered bv the committee. Constitutional Convention. 265- Mr. Jones, of Montgomery, moved that the amend- ment be adopted, and the motion prevailed. Mr. deGraffenried offered the following amendment to Section 5, which wavs read at length : Amend Section 5 by striking therefrom all the sec- tion that succeeds the following words in line seven, viz. : "After the expiration of his term." Mr. Long, of Walker, offered the following substi- tute for the amendment oft'ered by Mr. deGraffenried, which was read at length : Amend Section 5 by adding the words "or appoint- ment" after the word "election" in the sixth line. Amend further by striking out all words after the word "term" in the seventh line. The substitute was lost. Mr. Greer, of Calhoun, offered the following amend- ment to the amendment offered by Mr. deGraffenried, which was read at length : Amend by striking out after the word "qualified" in fifth line the balance of said section. Mr. Boone moved to table the amendment to amend- ment offered by Mr. Greer, of Calhoun : And the motion prevailed. Mr. Browne offered the following substitute for the amendment offeree! by Mr. deGraffenried, which was read at leng-th : Strike out all of Section 5 after the words "shall be eligible" in line 6, and insert in lieu thereof the words "to election or appointment to any office under this State within one year after the expiration of his term. The substitute for the amendment was temporarily withdrawn. adjournment. Mr. Jones, of Montgomery, moved that the Conven- tion adjourn until 2 :30 p. m. to-morrow. The motion prevailed. And finding the further consideration of the amend- ment off'ered by Mr. deGraffenried to Section 5 of the ordinance "To create and define the Executive Depart- ment," the Convention adjourned until to-morrow atr 2 :30 p. m. 266 Journal of Alabama TWENTIETH DAY. Convention Hall. Montgomery, Ala., Friday, June 11, 1901. The Convention met pursuant to adjournment. ROLL CALL. On a call of the roll of the Convention the follow- ing delegates answered to their names, which consti- tuted a quorum : Messrs. President, Almon, Altman, Ashcraft, Banks, Barefield, Beaver, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Bulger, Burnett, Burns, Byars, Carmichael (Colbert), Carmichael (Coffee), Chapman, Cobb, Cofer, Coleman (Greene), Coleman (Walker), Cornwell, Craig, Davis (DeKalb), Davis (Etowah), Dent, •'lelTraffenried, Duke, Eyster, Espy, Ferguson, Fitts, Fletcher, Foshee, Foster, Gilmore, Glover, Graham (Montgomery), Graham (Talladega), Greer (Calhoun), Greer (Perry), Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderi^'on, Hodges, Hood, Howell, Howze, Inge, Constitutional Convention. 267 Jackson, Jenkins, Jones (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), Knight, Ledbetter, Leigh, Locklin, Loinax, Long (Butler), Long (Walker), Lowe (Jefferson), Lowe ( Lawrence) , Macclonald, McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox^^), Moody, Morrisette, Mulkey, Murphree, NeSmith, Norman, Norwood, Gates, O'Neal (Lauderdale), Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Pillans, Pitts, Porter, Proctor, Keese Reynolds (Chilton), Rogers (Lowndes), Rogers (Sumter), Sanders, Sanford, Selheimer, Sentell, Sloan, Smith (Mobile), Smith, Mac. A , Smith, Morgan M., Sorrell, Spears, Spragins, Tayloe, Thompson, Vaughan, Waddell, Walker, Weakley, Weatherly, White, Whiteside, Williams (Barbour), Williams (Marengo), Wilson (Clarke), Wilson (Washington), Winn— 126. LEAVE OF ABSENCE Was granted to Messrs. Kyle for to-day and to-mor- row; Robinson for to-day and to-morrow; O'Neil, of Jef- 268 Journal of Alabama ferson, for to-day; Grant for to-day; Sollie for to-day; Kirkland for to-day ; Espy for to-morrow ; Hale}^ for to- day, to-morrow and Monday; Weakley for to-morrow; Norwood for to-morrow; Mood}' for to-morrow. REPORT OF THE CO^miTTEE OX THE JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in : The Committee on the Journal beg leave to report that they have examined the Journal for the nineteenth day of the Convention, and that the same is correct. Respectfully submitted, John F. Proctor, Chairman. RESOLUTIONS. Mr. Reese offered the following resolution : Resolution 146: Resolved, That hereafter when members shall come into the Convention, after the roll call, their presence may be noted by the Secretary, upon their personal ap- plication, without interrupting the Convention proceed- ings. Mr. deGraffenried moved that the rules be suspended and the resolution be placed upon its immediate pass- age. The rules were suspended and the resolution was adopted. REPORT OF STANDING COMMITTEES. Mr. Browne, chairman of the Committee on Taxation, submitted the following report, which was read one time at length, and 300 copies ordered printed : REPORT OF COMMITTEE ON TAXATION. Mr. President: The Committee on Taxation has instructed me to make the following report, viz. : All of the ordinances referred to it have been care- fully examined and considered by the Committee, and Constitutional Convention. 269 Ibe substance of some of tliem has been incorporated in the herewith submitted Article on Taxation, which is recommended to be adoi3ted in lieu of Article XI of the Constitution of 1875. Those suggestions, presented in such ordinances, which have been incorporated in the proposed article, will be manifest by the reading there- of. All ordinances referred to the Committee are here- Avith returned. The changes in the Article on Taxation are as follows : Section 1 has been so amended as to exclude from taxation debts for the rent or hire of real or personal property for the current year of rental or hire, in the hands of the landlord or hire, when the real or personal property is assessed for taxation at its full value. Section 3 has been amended so as to authorize the Governor to negotiate temporarv loans, not to exceed three hundred thousand dollars^ whereas under the Constitution of 1875, such loans are limited to one hun- dred thousand dollars. And Section 3 has been so amended as to provide for refunding the bonded indeb- tedness of the State. Section 4 is amended by limiting the amount of State tax to 65-100 of 1 percentum, instead of 3-4 of 1 per- centum. Section 5 is amended so as to provide for the con- struction and maintenance of public roads by special taxation, as is now provided for public buildings and bridges, but all of such special tax is limited to 1-4 of 1 percentum, whereas the special tax for such buildings and bridges is now without constitutional limitation. This section is further so amended as to provide that counties may levy and collect such special taxes as may be authorized by law for public schools, provided the extent of such tax, the time it is to be continued, and the purpose thereof, shall be first submitted to a vote of the qualified electors of the county who are property tax payers, and voted for by a majority in numbers, and in taxable value of property, voting at such election ; provided also, that no such tax shall increase the total amount of taxation for all State and County purposes. 270 Journal of Alabama except public buildings, roads and bridges, to a greater rate than |1.25 on every one hundred dollars of taxable propert3\ This public school fund is provided to be equitably ajjpropriated, and paid to the several pub- lic schools in the county by the Commissioners' Court or Boards of Revenue thereof. Sec. 6 has been amended by striking out the words "or enterprises.'' Sec. 7 has been amended so as to provide for the levy and collection by cities and towns of a special school tax under similar restrictions to those with regard to the special school tax of counties providing the rate for all State, Count}^ and City purposes shall not exceed .|1.75 on the one hundred dollars of taxable property. This fund is to be appropriated equitably among and paid to the public schools of the city or town by the corporate authorities thereof. Sec. 8 has been entirely omitted. An additional section (as Section 9) is recommended limiting the indebtedness of counties to 5 percentum of the taxable value of the property thereof, but providing, it shall not apply to indebtedness in excess of such 5' percentum which has been already created or authorized by law to be created. A second additional section (as Section 10) is recom- mended limiting the indebtedness of cities and towns to 5 percentum of the taxable value of the property, but allowing an additional 3 percentum indebtedness for waterworks, gas and electric light plants, and sanitary sewerage. It is further provided that such limitation shall not apply to indebtedness in excess of such 5 per- centum already created or authorized by law to be created. Cecil Browne, CJtairman of Oominittee on Taxation. ARTICLE XI — taxation. Seo. 1. All taxes levied on pro]>erty in this State- shall be assessed in exact proportion to the value of sucli: Constitutional Convention. 271 propert}', but no tax shall be assessed upon any debt for rent or hire of real or personal property while owned by the landlord or hirer during the current year of such rental or hire, and when such real or personal property is assessed at its full value; provided, however, the Gen- eral Assembly may levy a poll tax, not to exceed |1.50 on each poll, which shall be applied exclusively in aid of the public school fund in the county so paying the same. Sec. 2. No power to levy taxes shall be delegated to Individuals or private corporations. Sec. 3. After the ratification of this Constitution, no new debt shall be created against, or incurred by this State, or its authority, except to repel invasion or sup- press insurrection, and then only by a concurrence of two-thirds of the members of each House of the Gen- eral Assembly, and the vote shall be taken by yeas and nays, and entered on the Journals; and any act creat- ing or incurring an}^ new debt against this State, ex- t:ept as herein provided for, shall be absolutely void; provided, the Governor may be authorized to negotiate temporary loans, never to exceed three hundred thou- sand dollars, to meet the deficiencies in the Treasury; and until the same is paid, no new loan shall be nego- tiated; provided further, that this section shall not be so construed as to prevent the issuance of bonds for the purpose of refunding the State's existing bonded in- del)tedness. Sec. 4. The General Assembly shall not have the power to levy, in any one year, a greater rate of taxation than 65-100 of 1 percentum on the value of the taxable property within this State. Sec. 5. No county in this State shall be authorized to levy a larger rate of taxation, in any one year, on the value of the taxable property therein, than 1-2 of 1 per- centum ; provided, that to pay debts existing at the ratification of the Constitution of 1875, an additional rate of 1-4 of 1 per centum may be levied and collected, which shall be exclusively appropriated to the payment of such debts or the interest thereon ; provided further, that to pay any debt or liability now existing against -272 Journal of Alabama any county, incurred for the erection, construction and maintenance of tlie necessary public buildings or bridges or roads, any county may levy and collect such special taxes not to exceed a rate of 1-4 of 1 perceutum, as may have been or may hereafter be authorized by law, which taxes so levied and collected shall be applied ex- clusively to the purposes for which the same were so levied and collected; provide'd further, that for the maintenance of public schools any county may levy and collect such special tax as may be authorized by law, provided such special tax, the time it is to continue, and the purposes thereof, shall have been first submitted to a vote of the property taxpayers, who are qualified elect- ors in said county and voted for by majority thereof in numbers and in value of taxable propert}^, voting at such election, provided that the rate of such special tax for maintenance of public schools shall not increase the rate of taxation in any one year to more than $1.25 on every one hundred dollars worth of taxable property, for all State and County purposes, excluding any spe- cial tax for the erection, construction and maintenance of necessary public buildings, l)ridges and roads; and provided further, that such special tax for schools shall be apportioned equitably and paid to the public schools of such county, by the Court of County Commissioners or Board of Revenue thereof. Sec. 6. The property of private corporations, asso- ciations and individuals of this State shall forever be taxed at the same rate ; provided, this section shall not apply to institutions devoted exclusively to religious, educational or charitable purposes. Sec. 7. No city, town or other municipal corporation other than provided for in this article, shall Iqyj or col- lect a larger rate of taxation in any one year on the property thereof, than 1-2 of 1 per centum of the value of such property, as assessed for State taxation during the preceding year; provided, that for the payment of debts existing at the time of the ratification of the Con- stitution of 1875 and the interest thereon, an additional rate of 1 per centum may be collected, to be a])plied ex- clusively to such indebtedness; provided, further, that Constitutional Convention. 273 for the maintenance of public schools such city, town or other municipal corporation may levy and collect such special tax as may be authorized by law, provided such special tax shall not be levied and collected when it shall cause a greater rate of taxation in any one year than one dollar and seventy-five cents on every hundred dollars of taxable property, for all State, county and municipal purposes, except the erection, construction and main- tenance by counties of necessary public buildings, bridges or roads, and provided such special tax for schools, the time it is to continue, and the purposes thereof, shall have been first submitted to a vote of the property tax payers who are qualified electors in said •city, town or other municipal corporations, and A'oted for by majority thereof, in numbers, and in value of taxable property, voting at such election, and provided such tax for schools shall be apportioned equitably and paid to the public schools of said city, town or other municipal corporation by the municipal authorities thereof; and provided, this section shall not apply to the city of Mobile, which city may levy a tax not to ex- ceed the rate of 3-4 of 1 per centum to pay the expenses of the city government, and may also levy a tax not to exceed the rate of 3-4 of 1 per centum to pay the indebted- ness of said city existing at the time of the ratification of the Constitution of 1875, and the interest thereon; provided further, that this section shall not apply to the city of Birmingham, which city may levy and col- lect a tax not exceeding 1-2 of 1 per centum, in addition to the tax of 1-2 of 1 per centum hereinabove allowed to be levied and collected, such special tax to be applied exclusively to the payment of the interest on the bonds of the said city of Birmingham heretofore issued by said city in pursuance of law, and for a sinking fund to pay off said bonds at the maturity thereof, Sec. 8. The General Assembly shall not have the power to require the counties or other municipal (^)r- porations to pay any charges which are now payabie out of the State Treasury. Sec. 9. No county shall liecome indebted in an amount greater than 5 jier centum of the taxable value of tlie 18 274 Journal of Al.\bama property thereof ; provided, this section shall not apply to any indebtedness in excess of such 5 per cent, which has already been created, or authorized by law to be created. Sec. 10. No city, town or other municipal corporation shall become indebted in an amount exceeding 5 per centum of the taxable value of the property thereof; provided, that for the erection or purchase of water- works, gas or electric plants, or sanitary sewerage an, additional indebtedness not to exceed 3 per centum may be created ; provided, further, that this section shall not apply to indebtedness in excess of such 5 per centum already created or authorized b}' law to be created. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was Section 5 of the ordi- nance "To create and define the Executive Department." - Sec. 5. The Governor, Lieutenant Governor, Secre- tary of State, State Treasurer, Attorney General, State Auditor, Superintendent of Education, and Commis- sioner of Agriculture and Industries shall hold their re- spective offices for the term of 4 yeai'S from the first day of December of the year in which they shall have been elected, and until their successors shall be elected and qualified, and after the first election under this Consti- tution neither of them shall be eligible as his own suc- cessor ; and the Governor shall not be eligible to election to any office under this State within one year after the expiration of his term ; and his acceptance of the office of Governor shall be a pledge to the people not to accept an election or appointment to the Senate of the United States at any time during his term, or within one year thereafter. The question being upon the amendment ottered by Mr. •deGratt'euried, whicli was read at length: Amend Section 5 by striking therefrom all of the sec- tion that succeeds the following words in line seven» namely, ''after the expiration of his term." Constitutional Convention. 275 Mr. White moved to table the aiuendinent offered by Mr. deGraffenried. And the motion of Mr. White was lost. The question recurred again upon the adoption of the amendment oft'ered by Mr. deGraffenried, and the amendment was adopted. Mr. Pettus offered the following amendment, which was read at length : Amend Section 5, line six, by striking out the words "neither of them" in line five and six of said section, and inserting in lieu thereof the words "no one of said officers." And the amendment was adopted. Mr. Chapman offered the following amendment, which was read at length : Amend Section 5 of Article 5 as follows, by striking out the word "one" in lines seven and nine, and insert- ing in lieu thereof the word "four." Mr. Jones, of Montgomery, moved to table the amend- ment offered by Mr. Chapman, and the motion prevailed. Mr. Foster offered the following amendment, which was read at length : Amend Section 5 by adding immediately after the word "State," in line seven, the following, "or to the Senate of the United States." And the amendment was adopted. Mr. Dent offered the following amendment, which was read at length : Amend Section 5 of Article 5 by adding after the words "as his own successor," in the sixth line, the fol- lowing words, "nor shall they be eligible as the succes- sors of each other," Mr. Pettus moved to table the amendment offered by Mr. Dent, and the motion prevailed. Mr. Ashcraft offered the following amendment, which was read at length : Amend Section 5 by striking out of line six thereof the following words, "as his own successor; and the Governor shall not be eligible." Mr. Weatherly moved to table the amendment offered hy Mr. Ashcraft, and the motion prevailed. 276 Journal of Alabama Mr. Harrison offered the following amendment, which was accepted by the chairman of the Committee on Exe- cutive Department : Amend Section 5 by striking- out the word "December'' where it occurs in the fourth line of said section, and in- sert in lieu thereof the word "•Xovember," and strike out the word ''first" where it occurs on the third line of said section and insert in lieu thereof the word "fifteenth." The amendment of Mr. Harrison was adopted. Mr. Pearce offered the following amendment, which was read at length : Amend Section 5 in the sixth line, after the word "election" by adding the words "or appointment." And the amendment was adopted. And Section 5, as amended, was. adopted. SECTION SIX. Sec. 6. The Governor and Lieutenant Governor shall each be at least thirty years of age when elected, and shall have been citizens of the United States ten years, and resident citizens of this State at least seven years next before the date of their election. The Lieutenant Governor shall be ex-officio President of the Senate, which shall elect a President pro tem from among its own members, who shall discharge the duties of the Lieu- tenant Governor in the Senate, whenever he is absent or disqualified. Was read at length. Mr. Spraggins offered the following amendment, wdiich was read at length : To amend Section by adding at the end thereof "but the Lieutenant Governor, when acting as President of the Senate, shall have no right to vote, except in the event of a tie. The anumdment was adopted. And Section 6, as amended, was adopted. SECTION SEVEN. See. 7. The Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Su- Constitutional Convention. 277 perintendent of Education, and Commissioner of Agri- culture and Industries shall receive eonipeusatiou for their services, which shall be fixed by law, and which shall not be increased or diminished during the term for which they have been elected, and with the exception of the Lieutenant Governor, shall reside at the Capital. After the adoption of this Constitution, the compensa- tion of the Governor shall be five thousand dollars per annum, which shall not be thereafter increased or di- minished during the term for which he shall have been, electd. Mr. Vaughan submittd the following minority re- port : The undersigned member of the Committee on Exe- cutive Department does not concur in the report of the Committee as to Section 7, and he offers as a substitute for Section 7, the following : See. 7. The Governor, Lieutenant Governor, Secre- tary of State, State Auditor and Attorney General shall receive compensation for their services which shall be fixed by law, and which shall not be increased or di- minished during the term for which they shall have been elected, and shall, except the Lieutenant Governor, reside at the State Capital during the time they continue in office, except in cases of epidemic. Mr. Vaughan asked unanimous consent to offer the following amendment to Section 7 of the minority re- port : Amend Section 7 by adding thereto ''State Treasur- er'' after the words Secretary of State in the first line of the section ; and the words "Commissioner of Agri- culture and Industries" after the words "State Audi- tor" in the same line. Consent was given, and the amendment was adopted. Mr. Henderson offered the following amendment to the minority report, which was read at length : Amend Section 7 of the minority report by strikng out the words "Lieutenant Governor" from tlu^ first line of said section, ^Ir. deGraffenried moved to table the amendment of- fered by ^Ir. Henderson, and the motion prevailed. 278 Journal of Alabama Mr. Howze offered the following amendment, which was read at length: Amend Section 7 of the minority report by adding the following : "The Lieutenant Governor shall be paid the same compensation as that received b}- the Speaker of the House, except when serving as Governor, when he shall receive the salary of said office. And the amendment was adopted. ]Mr. deGraffenried moved to table the minority re- port, and the motion was lost. Yeas, 37; nays, 90. YEAS. Messrs. President, Beddow, Bethune, Boone, Brooks, Burnett, Carmichael (Coffee), Dent, deGraffenried, Fitts, Gilmore, Graham (Talladega), Heflin (Randolph), Howell, Inge, Jones (Bibb), Jones (Montgomery), Lorn ax, Lowe (Jefferson), Macdonald, Merrill, Morrisette, Norwood, Gates, O'Neal ( Lauderdale ) , Palmer, Pitts, Rogers (Lowndes), Sanders, Selheimer, Smith (Mobile), Smith, Morgan M., Tavloe, Waddell, Watts, White, Wilson (Clarke)— 37. NOES. Almon, Altman, Ashcraft, Banks, Barefield, Bartlett, Reavers, Rlackwell, Browne, Bulger, Constitutional Convention. 279 Messrs. Aliiion, Byars, ■Carmichael ( Colbert ) , Case, •Chapman, Cobb, Cofer, Coleman (Greene), •Coleman (Walker), Cornwell, Craig, Cnnningham, Davis (DeKalb), Davis (Etowah), Duke, Eley, Eyster, Espy, Ferguson, Fletcher, Foster, Freeman, Olover, Greer (Calhoun), Oreer (Perry), Handley, Harrison, Heflin (Chambers), Henderson, Hodges, Hood, Howze, Jack son, Jenkins, Jones (Hale), Jones (Wilcox), KnijjhL, Ledbetter, Leigh, LockliTi, Long (Butler), Long (Walker), Lowe (Lawrence), McMillan (Wilcox), Malone, Martin, Maxwell, Miller (Marengo), Miller (Wilcox), Moody, Murphree, Opp, O'R-ear, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Pillans, Porter, Proctor, Reese, Rogers (Sumter), Sanford, Searcv, Senteil, Smith, Mac. A., Sorrell, Spears, Spragins, Stewart, Studdard, Thompson, Vaughan, Waiker, Weakley, .' T\^eatherly. Whiteside, Williams (Barbour), Wilson (Washington), Winn— 90. 280 Journal of Alabama Mr. Pettus offered the following amendment, whicli was read at length : Amend section of the minority report by striking out the word "State" where it appears respectively before the word "Auditor" and "Treasurer" in the first line of said section; and inserting the words "Superintendent of Education" after the word "General" in the second line of said section. The amendment was adopted. Mr. Burns offered the following amendment, which, was read at length : Amend by inserting after "salary" and per diem. The amendment of Mr. Burns was lost. Mr, Vaughan moved to adopt the minority report for Section 7, as amended, and the motion prevailed. Yeas, 88; nays, 41. YEAS. Messrs. Almon, Altman, Ashcraft, Barefield, Bartlett, Beavers, Blackwell, Browne, Bulger, Burns, Byars, Carmichael (Colbert), Case, Chapman, Cobb, Cofer, Coleman (Greene), Coleman (Walker), Cornwell, Cunningham, Davis (DeKalb), Davis (Etowah), Duke, Eley, Eyster, Espy, Ferguson, Fletcher, Foster, Freeman, Glover, Greer (Calhoun), Greer ( Perry) , , Handle^', Harrison, Heflin (Chambers),. Henderson, Hinson, Hodges, Hood, Jackson, Jenkins, Jones (Bibb), Jones (Hale),, Constitutional Convention. 281 Jones (Wilcox), Knight, Ledbetter, Leigh, Locklin, Long (Butler), Long (Walker), Lowe (Lawrence), McMillan (Wilcox), Malone, Martin, Maxwell, Miller (Marengo), Miller (Wilcox), Moody, Murphree, Opp, O'Rear, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Pillans, Porter, Proctor, Keesc. Rogers (Sumter), Searcy, Sentell, Sloan, Smith, Mac. A., Sorrell, Spears, Spragins, Stewart, Thompson, Vaughan, Walker, Weakley, Weatherly, Whiteside, Williams (Barbour), Wilson (Washington) Winn— 88. NAYS Messrs. President, Banks, Beddow, Bethune, Boone, Brooks, Burnett, Carmichael (Coifee), Craig, Dent, deGraffenried, Fitts, Gilmore, Graham ( Montgomery ) Graham (Talladega), Heflin (Randolph),* Howell, Howze, Inge, Jones ( Montgomery ) ,. Lomax, Macdonald, INIerrill, Morrisette, Norman, Norwood, Gates, O'Neal (Lauderdale),. Palmer, Pitts, Rogers ( Lowndes) ^ Sanders, ■282 Journal of Alabama t Sanford, Wiiddell, Selheimer, Watts, Smith (Mobile), Wliite, ^mith, Morgan M., Wilson (Clarke) — 41. Tayloe, And Section 7, as amended, was adopted. SECTION EIGHT. Sec. 8. The Governor shall take care that the laws be faithfully executed. Was read at length and adopted. ADJOURNMENT. On motion of Mr. Jones, of Montgomery, the Conven- tion adjourned until 10 o'clock to-morrow morning. TW ENTY-FIKST DAY. Convention Hall. Montgomery, Ala., Saturda}^, June 15, 1901. The Convention met pursuant to adjournment. Prayer was offered by Rev. Mr. Gay of the city. ROLL CALL. On a call of the roll of the Convention the following •delegates answered to their names, which constitute a quorum : Messrs. President, Beavers, Almon, Beddow, Altman, Bethune, Banks, Blackwell, Barefield, Boone, % Bartlett, Brooks, Constitutional Convention. 283 Browne, Burns, Byars, Carnathon, Case, Chapman, Cobb^ Cofer, Coleman (Greene), Cornwell, Craig, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, deGraffenried, Duke, Eley, Eyster, Ferguson, Fitts, Fletcher, Foshee, Foster, Freeman, Gilmore, Glover, Graham ( Montgomery ) , Graham (Talladega), Grant, Greer (Calhoun), Greer (Perry), Handley, Harrison, Hefiin (Chambers), Heflin (Randolph), Henderson, Hinson, Hodges, Hood, Howze, Inge, Jackson, • Jenkins, Jones (Bibb), Jones (Hale), Jones (Montgomery), Knight, Ledbetter, Leigh, Lockiin, Lomax, Long (Walker), Lowe (Jefferson), Macdonald, Martin, Maxwell, Merrill, Morrisette, Mulkey, Murphree, NeSmith, Norman, Gates, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Pillans, Pitts, Porter, Proctor, Ren fro, Reynolds (Chilton), Rogers (Lowndes), Rogers (Sumter), Samford, Sanders, 284 Journal of Alabama Sanford, Tayloe, ' Searcy, Vaughan, Selheimer, Waddell, Sentell, Walker, Sloan, Watts, Smith (Mobile), Weatherly, Smith, Mac. A., White, -' Smith, Morgan M., Whiteside, Sorrell, Williams (Barbour)^ Spears, Wilson (Clarke), Spragins, Wilson (Clarke), Stewart, Ulun — 121. Stiiddard, LEAVES OF ABSENCE. Was granted to Messrs. Miller, of ]\rarengo, for to-day and ^londay; Parker, of Elmore, for ^Monday; O'Rear, nntil ]\Ionday; Kirk for ^^esterday and to-day; Malone for to-day; Carmichael, of Colbert, for to-day; Lowe, of Lawrence, for to-day; Thompson for to-day; Jones, of Wilcox, for to-day; Ashcraft for to-day; Howell for to- day; Miller, of Wilcox, for to-day; Burnett for to-day; Reese for to-day; Foshee for to-day; Kirkland for to- day. REPOUT OF THE COMMITTEE ON THE .JOURNAL. The chairnmn of the Committee on Journal submitted the following report, which was concurred in: The Committee on the Journal beg leave to report that they have examined the Journal for the twentieth day of the Convention, and that the same is correct. Respectfully submitted, John F. Proctor, Vhairmun. QUESTION OF PRIVILEGE. ]Mr. Long, of Walker, arose to a question of personal privilege and proceeded to state liis question of privi- lege. Constitutional Convention. 285 Mr. Pettus raised the point of order that the remarks of Mr, Long, of Walker, did not cover a question of privilege. The point of order was sustained. Mr. Long, of Walker, appealed from the decision of the Chair. The Chair was sustained. PRIVILEGES OF THE FLOOR. On motion of Mr. Hinson the privileges of the floor were extended to Hon. R. H. Clarke, of ^lobile. UNFINISHED BUSINESS. Mr. Pettus moved that the rules be suspended and that the Convention proceed to the consideration of the un- finished business, which was the report of the Committee on Executive Department. The motion was lost. ORDINANCES ON FIRST READING. The following ordinances were introduced, severally read one time at length, and referred to appropriate committees, as follows : Ordinance 372, by Mr. Rogers, of Sumter : Relates to the duty and the powers of the Joint Con- vention and the Speaker of the House in canvassing the returns of the State elections. The ordinance was referred to the Committee on Executive Department. Ordinance 373, by Mr. Cofer : To be entitled an ordinance to define in part the duties of Lieutenant Governor of the State, as provided for by this Convention. The ordinance was referred to the Committee on Executive Department. Ordinance 374, by Mr. Craig: To amend Section 1 of Article VIII of the Constitu- tion of Alabama. 286 Journal of Alabama The ordinance was referred to the Committee on Suffrage and Elections. Ordinance 375, by Mr. Greer, of Perry : To provide for the filling of vacancies in certain offices in the several counties of the State. The ordinance was referred to the Committee on Judiciary. Ordinance 376, by Mr. Hinson : An ordinance to establish an inferior court in cities of five thousand inhabitants or more, and to abolish the office of Justice of the Peace in such cities. The ordinance was referred to the Committee on Judiciary. RESOLUTIONS ON FIRST READING. The following resolutions were offered, severally, read one time at length, and referred to appropriate committees, as follows : IJesolution 1464, by Mr. deOrafteuried : Kesolved, That after next Monday this Convention shall meet regularly each day at 10 o'clock in the morn- ing, and shall remain in session from that time until 1 o'clock p. m., when a recess shall be taken to 3 p. m., and the Convention shall remain in session until 5 p. m., when the Convention shall stand adjourned until 10 ox-lock a. m. of the succeeding day. The resolution was referred to the Committee on Rules. Resolution 117, by Mr. Long, of AValker: Whereas, There appears in The ^Montgomery Adver- tiser of this State an editorial reflecting upon the honesty of purpose of a majority of this Convention; Therefore, be it resolved. That this Convention hereby condemns said editorial as unjust and unwarranted, coming, as it does, from a Democratic newspaper that prints subsidized seventy dollars per day resolutions of the proceedings of this Convention. Mr. Long, of Walker, moved that the rules be sus- pended, and the motion prevailed. Constitutional Convention. 287 Mr. Watts moved to table the resolutioii; the motion prevailed, and the resolution was tabled. Eesolution 148, by Mr. Harrison : Resolved, That when this Convention adjourns to-day it adjourn to meet at 12 o'clock m. on Monday. The rules were suspended, and the resolution was adoi^ted. Eesolution 149, by Mr. Eyster: Ivesolved, That the courtesies and privileges of the floor of the Convention be extended to Hon. William D. Jelks, Governor of Alabama; Charles E. Waller and E. M. Eobinson. The rules were suspended and the resolution was adopted. Eesolution 150, by Mr. Browne: Ivesolved, That the repoi't of the Committee on Tax- ation be set for the special order of this Convention, to be taken up and considered b}^ sections, immediately after the conclusion of the existing special orders. The resolution was referred to the Committee on Eules. Mr. Browne moved that the rules be suspended and the resolution be adopted, the motion was lost, and the resolution was referred to the Committee on Eules. Eesolution 151, by Mr. O'Neal, of Lauderdale: Eesolved, By the people of Alabama, in Convention Assembled, That it is the sense of this Convention that the General Assembly should, at its first meeting after the ratification of this Constitution, fix the salary of the Governor of Alabama at five thousand dollars per an- num; provided, the same can be done without an in- crease of taxation in this State. The resolution was referred to the Committee on Executive Department. Eesolution 152, by Mr. Jones, of Montgomery : Eesolved, That hereafter there shall be no call for in- troduction of resolutions or ordinances; but any mem- ber desiring to introduce a resolution or ordinance shall send it to the clerk's desk at any time, and the President, at such time during the day as he may deem proper, shall have such ordinance or resolution read and re- ferred to the appropriate committee. 288 Journal of Alabama The resolution was referred to the Committee on Rules. RECOMMITTAL OF ORDINANCE. Mr. Smith, of Mobile, chairman of the Committee on Judiciary, returned to the Convention ordinance 240 : "To dispense with the- necessity of indictment in cer- tain felou}^ cases.'' And requested that the same be referred to the Com- mittee on Preamble and Declaration of Rights. The ordinance was referred to the Committee on Preamble and Declaration of Rights. Mr. Foster, chairman of the Committee on Amending the Constitution and Miscellaneous Provisions, returned to the Convention ordinance 304 : "To regulate primary elections in the State of Ala- bama," And requested that the same be referred to the Com- mittee on Suffrage and Elections. The ordinance was referred to the Committee on Suffrage and Elections. UNFINISHED BUSINESS. The Convention then proceeded to the consideration of the unfinished business, which was the report of the Committee on Executive Department, which was an ordinance "To create and define the Executive Depart- ment." The question being upon the adoption of Section 9, which was read at length : Sec. 9. The Governor may require information in writing, under oath, from the officers of the Executive Department named in this article, or created by statute, on any subject relating to the duties of their respective offices; and he may at any time require information in writing, under oath, from all officers and managers of State institutions, upon any subject relating to the con- dition, management, and expenses of their respective offices and institutions. Anv such officer or manaaer Constitutional Convention. 289 who makes a wilfully false rej)ort, or fails without suffi- -cient excuse to make such report when demanded, is guilty of an impeachable offense. Mr. Walker offered the following amendment, which was read one time at length : Amend by striking out the words "such report when 4emanded,'' on line seven, and insert in their stead the words "the required report on demand." Mr. Hinson moved to table the amendment offered by Mr. Walker; the motion of Mr. Hinson was lost, and the amendment of Mr. AValker was adopted. Section 9, as amended, was thereupon adopted. section ten. Sec. 10. The Governor ma}^, by proclamation, on ex- traordinary occasions, convene the General Assembly at the seat of government or at a different place, if since their last adjournment, that shall have become danger- ous from an enemy, insurrection, or other lawless out- break, or from any infectious or contagious diseases, he shall state specifically in such proclamation each matter concerning which the action of that body is deemed necessary. Was read at length. Mr. Sanford offered the following amendment to Sec- tion 10, which was read at length : Amend Section 10 by adding at the end of the fifth line the words "and the General Assembly shall at that time consider no other subject.'" The amendment was lost. Mr. Maxwell offered the following amendment to Sec- tion 10, which was read at length: Amend Section 10 of Article V by inserting in line four the word "and" after the word "diseases." The amendment of ]Mr. ^Maxwell was adopted. Mr, Fitts moved that Section 10, as amended, be adopted as a whole, and the motion of Mr. Fitts pre- Tailed. 19 290 Journal of Alabama section eleven. Sec. 11. The Governor shall, from time to time, <»ive to the General Assembh^ information of the state of the government, and recommend to their consideration such measures as he may deem expedient; and at the com- mencement of each regular session of the General As- sembly, and at the close of his term of office, give infor- mation by written message of the condition of the State ;. and he shall account to the General Assembly, as may be prescribed by law, for all moneys received and paid out by him, or by his order; and, at the commencement of each regular session, he shall present to the General As- sembly estimates of the amount of mone}^ required to be raised by taxation for all purposes. AVas read at length and adopted, SECTION TWELVE. Sec. 12. The Governor shall have power to remit fines- and forfeitures, under such rules and regulations as may be prescribed by law ; and, after conviction, to grant reprieves, paroles, commutations of sentence and pardons. The Attorney General, Secretary of State and State Auditor shall constitute a Board of Pardons, who shall meet on the call of the Governor, and before whom shall be laid all recommendations or petitions for par- don or commutations or ])aroles, in cases of fehuiy; and the Board shall hear them in open session, and give their opinion in writing to the Governor thereon, after which or on the Board's failure to advise for more than sixty days, the Governor may grant or refuse the commuta- tion, parole or pardon, as to him seems best for the pub- lic interest. He shall communicate to the General As- sembly at each session, each case of reprieve, commuta- tion, parole or |)ardon, with his reasons therefor, and the opinion of the Board of Pardons in each case re- quired to be referred; stating the name, the crime of the convict, the sentence, its date, and the date of reprieve, commutation. i)arole or pardon. Pardons in cases of felony and other offenses involving the crimen falsi shall Constitutional Convention. 291 not relieve from eivil aud political disabilities, unless speciliealh' expressed in the pardon. ^A'as read at length. Mr. Walker offered the following amendment to Sec- tion 12, which was read at length : Amend b}' striking out the words ''crimen falsi" in line 14, and insert in their stead the words "involving moral turpitude." The amendment was accepted by the chairman of the Committee on Executive Department, and was there- upon adoijted. Mr. Pettus offered the following amendment to Sec- tion 12, which was read at length : Amend by striking out the words ''Attorney General" in the third line of said section, and inserting in lieu thereof the words "Treasurer." Mr. Sanford moved to table the amendment offered, by ]Mr. Pettus, and the motion to table prevailed. Mr. Jones, of Montgomery, offered the following amendment, which was read at length : Amend Section 12, line six, by adding after the word ''felony" in line six, the Avords ''except in cases of im- peachment." And the amendment was adopted. Mr. Smith, of Mobile, offered the following amend- ment, which was read at length : To amend Section 12 b}' inserting in the ninth line after the word "interest" the following : "Provided, the Governor shall have power to suspend the execution of anv sentence until the Board of Pardons shall have acted." Mr. Boone moved to table the amendment offered by Mr. Smith, of Mobile, and the motion to table prevailed. Mr. Coleman, of Greene, offered the following amend- ment, which was read at length : Amend Section 12 bv adding the words at the end of section "and approved by the Board of Pardon," And the amendment was adopted. Mr. Lomax offered the following amenduient, which w as read at length : 292 Journal of Alabama Aiiiend by inserting in line ten, before the word "re- prieve/' tlie words "the remission of fines and forfeit- ures,'' And the amendment was adopted. Mr. Fitts moved that Section 12, as amended, be adopted. The motion of Mr. Fitts prevailed, and Section 12, as amended, was thereupon adopted as a whole. SECTION THIRTEEN. Sec. 13. Every bill which shall have passed both Houses of the General Assembly shall be presented to the Governor ; if he approves, he shall sign it ; but if not, he shall return it with his objections to that House in which it shall have originated, who shall enter the ob- jections at large ui)on the Journal, and proceed to re- consider it. If the Governor's message proposes amend- ment which would remove his objections, the House to which it is sent may so amend the bill, and send it with the Governor's message to the other House, which may adopt, but cannot amend said amendment; and both Houses concurring in the amendment, the bill shall again be sent to the Governor and acted on by him as on other bills. If the House to which the bill is returned refuses to make such amendment, it shall proceed to re- consider; and if a majority of the whole number elected to that House, shall vote for the passage of the bill, it shall be sent, with the objections, to the other House, hj which it shall likewise be reconsidered, and if ap- proved by a majority of the whole number of that House, it shall become a law. If the House to which the bill is returned makes the amendment and the other House decliues to pass the same, that House shall proceed to reconsider, as though the bill had originated therein, and such proceedings shall be taken thereon as above provided. In every case the vote of both Houses shall be determined by yeas and nays, and the names of the members voting for or against the bill, shall be entered upon the Journals of each House respectively. If any bill shall not be returned by the Governor, Sundays ex- Constitutional Convention. 293 cepted, within six daj^s after it shall have been presented^ the same shall become a law in like manner as if he had signed it, unless the General Assembly, by their adjourn- ment or recess, prevent its return, in which case it shall not be a law; but bills presented to the Governor with- in five days before the adjournment of the General As- sembl}^ may be approved by the Governor at any time within ten days, after the final adjournment, if approved and deposited with the Secretary of State within that time. Every vote, order or resolution to which concur- rence of both Houses may be necessary, except questions of adjournment, and the bringing on of elections by the two Houses, and amending this Constitution, shall l3e presented to the Governor; and, before the same shall take effect, be approved by him; or, being disapproved^ shall be repassed by both Houses according to the rules and limitations prescribed in the case of a bill. Mr. Jones, chairman of the Committee on Executive Department, submitted the following amendment for the committee, which was read at length : Amend Section 13 b}^ striking out the words "or re- cess'' and by adding after the words "in which cases it shall not be a law," the following words, "but when re- turn is prevented by a recess, such bill must be returned to the House in which it originated, within two days- after reassembling, otherwise it shall become a law." And the amendment was adopted. Mr. Heflin, of Chambers, offered the following amend- ment, which was read at length : Amend Section 13 by striking out the words (begin- ning in line 21) "but bills presented to the Governor within five days before the adjournment of the General Assembly may be approved by the Governor at any time within ten days after the final adjournment, if approved and deposited with tlie Secretary of State within that time." Mr. Fitts moved to table the amendment offered by Mr. Heflin, of Chambers, and the motion to table pre- vailed. Mr. deGraffenried offered the following amendment^ which was read at length : 294 Journal of Alabama Amend Section 13 h\ adding after the words "to re- consider it/' in tlie forth line, tlie following : "If the Gov- ernor's messiige proposes no amendment which would remove his ohjection to the bill, the House in which the bill originated may proceed to reconsider, and if a ma- jority of the whole number elected to that House vote for the passage of the bill, the bill shall be sent to the other House, which shall, in like manner, reconsider, and if a majority of the whole number elected to that House vote for the passage of the bill, the same shall become a law, notwithstanding the Governor's veto." Mr. Lo^^'e, of Jefferson, moved to recommit Section 13 and amendments thereto, to the Committee on Exe- cutive Department, with the request that certain parts of said section be eliminated. AD.JOURNMENT. Pending the further consideration of the motion of Mr. Lowe, the Convention adjourned to meet at 12 o'clock on Mondav. TWENTY-SECOND DAY. Convention Hall. Montgomery, Ala., Monday, June 17, 1901. The Convention met pursuant to adjournment. Prayer was offered hj Rev. ^Iv. Murphree of the city. roll call. On a call of the roll of the Convention the follow- ing delegates answered to their names, which consti- tuted a quorum : CONSXITUTIONAL CONVENTION. 295 Messrs. President, Almon, Altman, Ashcraft, Banks, Barefield, Bartlett, Beavers, Beddow, Bethune, Blackwell, Brooks, Bulger, Burnett, Burns, Byars, Cardon, Carmichael (Colbert), Case, Chapman, Cobb, Cofer, Coleman (Greene), Craig, ravis (DeKalb), Dent, deGraffenreid, Duke, Eley, Eyster, Espy, Ferguson, Fitts, Fletcher, Foster, Foshee, Freeman, Gil more, Glover, Graham ( Montgomery ) , Graham (Talladega). Grant, Grayson, Haudley, Harrison, Heflin (Chambers), Iletliii (Kandolph),' Hinson, HoAvell, Howze, Inge, Jenkins, Jones (Bibb), Jones ( Hale ) , Jones (Montgomery), Kirk, Kirkland, Knight, Kyle, Ledbetter, Leigh, Locklin, Lomax, Long (Butler), Long (Walker), Lowe (Jefferson), Lowe (Lawrence), Macdonald, McMillan ( Baldwin ) , Mai one, Martin, Maxwell, Merrill, Miller (Wilcox), INI orri sett e, IMulkey, ]\furphree, ^'pSmith, Norman, Norwood, Gates, G'Neal (Lauderdale), O'Rear, Palmer, 296 Journal of Alabama. Parker (Cullman), Pettus, Phillips,. Pillans, Porter, Proctor, Reese, Reynolds (Chilton), Reynolds (Henry), Robinson, Rogers (Lowndes), Rogers (Sumter), Samford, Sanders, Sanford, Sentell, Sloan, Smith (Mobile), Smith, Mac. A., Sorrell, Spears, Spragins, Stewart, Studdard, Tayloe, Thompson, Vaughan, Walker, Watts, Weakley, Weatherlv, Willett, Williams ( Barbour ) ^ Williams (Elmore), Wilson (Clarke), Wilson ( Washington ) Winn— 121. LEAVES OF ABSENCE. Was granted to Messrs. Searcy for to-day; Fitts for to-day, to-morrow and Wednesday; M. M. Smith for to- day; Hodges for to-day; Sollie for to-day and to-mor- roAv; Frank N. Julian for to-day and to-morrow; Jack- son for to-day and to-morrow; Boone for to-day; Greer Calhoun for to-day ; Whiteside for to-day ; Eyster for to- day, Tuesday and Wednesday; Henderson for to-day; Greer of Perry for to-day ; White for to-day ; Waddell for to-day; Davis of Etowah for to-day; Hood for to-day; Coleman, of Walker, for Saturday and to-day; Cardon for to-day; Moody for to-day. REPORT OF THE COMMITTEE ON THE JOURNAL, The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in : The Committee on the Journal beg leave to report that they have examined the Journal for the twenty-first day of the Convention and that the same is correct. Respectfully submitted. John F. PHoctor, Chairman^. Constitutional Convention. 29T Mr. Beddow asked unanimous consent to be allowed to introduce a resolution, which reads as follows: Resolution 153, by Mr. Beddow: Whereas, This Convention has now been in session, twenty-one working days, and Whereas, Not a single article of the proposed new Con- stitution has yet been adopted; and Whereas, At the present rate of progress it will take some months to revise the Constitution, and Whereas, This body will thereby subject itself to the unjust criticism that members are causing delay at the expense of the taxpayers of this State; Therefore, Be it Resolved, That it is the sense of this Convention, that notwithstanding the length of time consumed by this Convention in so revising the said Constitution^ that no per diem be allowed any member in excess of fifty days. Mr. Beddow moved the suspension of the rules in order that the resolution might be placed upon its immediate passage. The motion was lost, and the resolution was referred to the Committee on Rules. QUESTION op personal PRIVILEGE. Mr. Long, of Walker, arose to a question of personal privilege growing out of a recent editorial in The Mont- gomery Advertiser. ^Ir. Long, of Walker, ottered the following resolution, which was read at length : Resolution 154, by Mr. Long, of Walker: Whereas, There appears in The Montgomery Adver- tiser of the loth inst. an editorial under the caption of "A Discouraging Vote," reflecting seriously upon the honesty of a two-thirds majority of this Convention ; Therefore, Be it resolved. That the said editorial is hereby condemned as unwise and unwarranted. Mr. Long, of Walker, moved the suspension of the rules in order that the resolution might be placed upon its immediate passage. The motion was lost and the resolution was referred to the Committee on Rules. 298 Journal of Alabama ordinances on first reading. The following ordinances were introduced by unani- mous consent, Kseverally read one time at length, and re- ferred to app^'opriate committees, as follows : Ordinance 377, b}'^ Mr. O'Neal, of Lauderdale: To amend Section 21 of Article IV of the Constitu- tion of Alabama : The ordinance was referred to the Committee on Legislative Department. Ordinance 378, by Mr. Oates: Prescribing the number of Grand Jurors, and for the suppression of crime. The ordinance was referred to the Committee on Judiciary. Ordinance 379, by Mr. deGraffenried : To amend Section 7 of Article I of the Constitution of the State of Alabama. The ordinance was referred to the Committee on Preamble and Declaration of Rights. Ordinance 380, by Mr. Kyle: To amend Section 14 of the Constitution on Banks and Banking. The ordinance was referred to the Committee on Banks and Banking. SUSPENSION OF THE RULES. Mr. Morrisette moved the suspension of the Rules, which motion prevailed, and then moved that the privi- leges of the floor be extended to the ministers of the city who so kindly opened the exercises of the Conven- tion with prayer. Mr. Pettus moved to amend the motion of Mr. IMor- TJsette by adding the name of Judge J. J. Arnold, a dis- tinguished member of the Legislature. The amendment was accepted, and the motion, as -•amend'ed, was adopted. Constitutional Convention. 299 Mr. Blackwell introduced, by imaniraous consent, the following petition, which Avas read at length and re- ferred to the Committee on Taxation : Petition No. 1 : State of Alakama, Morgan County. Court of County Commissioners, Decatur, Ala., June 15, 1901. To the Hoi\()r(iJ)lc Constitutional Convention, Mont- (joniery, Ala. : The undersigned Commissioners' Court of Morgan County, Alabama, respectfulh' ask and request your honorable body not to reduce the present rate of one- half of 1 ijer cent, allowed for special taxes, and we re- spectfully ask that the Commissioners' Court be allowed this special tax for the building and repairing the court houses, jails and public bridges and public roads of the several counties in this State. The people of our county are not asking any reduction in this special rate of taxation, but on the contrary, are clamoring for the privilege of paying a special tax for the improvement of our public roads. Our county is traversed by many streams which re- quire bridges to accommodate the traveling public. One- fourth of one per cent, will not permit us to keep these bridges and our court house and jail in proper repair. We therefore ask and urge that you allow the present rate of one-half of one per cent, of taxation for these special purposes to remain as it is, with the words "pub- lic roads'' added thereto. Very respectfully, Wm. E. Skeggs, A. F. Murray, S. P. LOVELADY. M. W. Ratliff. S. Iv. Garrison. 300 Journal of Alabama report of committee on rules. Mr. Smith, of Mobile, acting chairman of the Com- mittee on Kiiles, submitted the following report of the Committee on Rules : Resolution 150, with a favorable report : Resolved, That the report of the Committee on Tax- ation be set for the continuing special order of the Con- vention to be taken up and considered by sections im- mediately after the conclusion of the existing special orders. Resolution 155, with favorable report: Resolved, That rule eleven be amended so as to read as follows: When any delegate is about to speak or deliver any matter to the Convention, he shall rise from his seat and respectfully address himself to the President; provided, that while the report of any committee is under con- sideration, the members of the committee may exchange seats with other members of the Convention. Each of the foregoing resolutions was read at length. Ml-. Smith moved that the rules be susj)ended and the resohitions be adopted, and the motion prevailed, and the resolutions were adopted. Mr. Smith, of Mobile, acting chairman, on behalf of the Committee on Rules, submitted the following sub- stitute for resolution 146, which was read at length : The substitute reads as follows : Resolved, That after the passage of this resolution this Convention shall meet regularly each day at 10 o'clock in the morning, and shall remain in session from that time to 1 o'clock p. m., when a recess shall be taken io 3 p. m., and the Convention shall remain in session rintil 5 p. m. ,when the Convention shall stand adjourned until 10 o'clock a. m. of the succeeding day. Mr. Smith of ]Mobile moved that the resolution and substitute be laid upon the table iintil next Thursday, and from day to day thereafter, until called up for action by the Convention, and the motion prevailed. Constitutional Convention. 301 Mr. Dent asked unanimous consent to introduce a res hiLioii. Consent Avas given, and the resolution was read at length : Resolution 156, b}' Mr. Dent : . That when this Convention adjourn it adjourn to meet again at 3 o'clock p. m. to-day. Mr. Dent moved that the rules be suspended and the resolution be placed upon its immediate passage. The motion was lost, and the resolution was referred to the Committee on Rules. Mr. O'Xeil, of Lauderdale, asked unanimous consent to introduce the resolution, which was read at length. Resolution 157, by Mr. O'Neal, of Lauderdale: Resolved, That on account of the limited capacity of the Convention hall, hereafter the privileges of the floor shall not be extended to any person except by unanimous vote of the Convention. Mr. Samford mOved that the rules be suspended and the resolution be adopted, and the motion of Mr. Sam- ford prevailed, and the resolution was adopted. Mr. Graham, of Talladega, was given unanimous con- sent to introduce the resolution 158, which was read at length. Resolution 158, by Mr. Graham, of Talladega : Resolved, That the thanks of this Convention are hereby tendered to the Western Railway of Alabama for courtesies recently extended on the occasion of the fun- eral of Gov. W. J. Samford, to members of this Conven- tion through Gen. George P. Harrison; also to Superin- tendent J. C. Clarke of the Mobile »& Ohio Railroad for courtesies recently extended to a special committee of this Convention. Mr. Graham, of Talladega, moved that the rules be suspended and the resolution be placed upon its imme- diate passage. The motion prevailed, and the resolution was adopted. Mr. Willett moved to adjourn, but withdraw the mo- tion in order that Mr. Jones, of Montgomery, might state a question of 302 JouKNAL OF Alabama PERSONAL riilVILEGE. Mr. Jones, of Mouti'omery, denied the authorship of a recent editorial m The Montgonier}' Advertiser, in. which there were expressions complimentaiy to him. He stated further that he had not seen or heard of the edi- torial in question until he found the same in print upon, his desk in the hall of the Convention. Mr. Willett renewed his motion to adjourn, but the Convention refused to adjourn, and proceeded to the consideration of the UNFINISHED BUSINESS. Which was the ordinance "to create and define the Executive Department." The question being upon the motion of Mr. Lowe, of Jetferson, to recimmit, with certain recommendations, to the Committee on Executive Department Section 13 of the ameudments thereto. Mr. deCratfenried was given unanimous consent to introduce the following amendment, which was read at length : Strike from the section all that precedes the words "if any bilF' in the eighteenth line thereof, and in lieu thereof insin-t the following : "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 it not, he shall return it to that House in which it shall have originated, who shall enter the objections at large upon the Journal ; and the House to which the bill shall be returned shall proceed to reconsider it; if after such reconsideration, a majority of tlie while num- ber elected to that House shall vote for the passage of such 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 wliole number elected to that House, it shall l)ecome 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 or against the bill, shall be entered upon the Journals of each House respectively. Constitutional Convention. 303 adjournment. Pending the further consideration of the motion of Mr. Lowe, of Jefferson, the hour of 1 o'clock p. m. ar- rived, and under the rules the Convention stood ad- journed until 10 o'clock to-morrow mornino'. TWENTY-THIIID DAY. Convention Hall. Montgomery, Ala., June 18, 1901. The Convention met pursuant to adjournment. Prayer was ottered by Kev. Mr. Murphree of the city. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constitute a quorum : Messrs. President, Almon, , Altman, Ashcraft, Banks, Barefield, Bartlett, Beavers, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Bulger, Burnett, Burns, Byars, Cardon, Carmichael (Coll^ert),. Carmichael (Coffee), Carnathon, Case, Chapman, Cobb, Cofer, Coleman ( Greene ),^ Cornw^ell, Craig, Davis (DeKalb), Davis (Etowah), Dent, deGraffenried, Duke, Eley, Espy, Ferguson, Fitts, Fletcher, Foshee, 304 Journal of Alabama Foster, Freeman, Gilmore, Glover, Graham (Montgomery), Graham (Talladega), Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hinson, Hodges, Hood, Howell, Howze, Inge, Jenkins, Jones (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), King, Kirk, Kirkland, Knight, Kyle, Ledbetter, Leigh, Lomax, Long (Butler), Long (Walker), Lowe (Lawrence), Macdonald, McMillan (Baldwin), Mc:Millan (Wilcox), IMartin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Morrisette, Mulkey, Murphree, NeSmith, Norman, Norwood, Gates, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Porter, Proctor, TJeese, Reynolds (Chilton), Reynolds (Henry), Robinson, Rogers (Lowndes), Rogers (Sumter), Samford, Sanders, San ford, Searcy, Selheimer, Sentell, Sloan, Smith CNlobile), Smith, Mac. A., Smith, Morgan M.. Sorrell, Constitutional Convention. 305 Spears, Weatherly, Spragins, White, Stewart, Whiteside, Stiiddard, Willett, Tayloe, Williams (Barbour), Thompson, Williams (Marengo), Vaughan, Williams (Elmore), Waddell, Wilson (Clarke), Walker, Wilson (Washington). Watts, Winn— 145. W^eakley, LEAVE OF ABSENCE Was granted to Messrs. SoUie, Malone and Renfroe for to-day. REPORT OF the COMMITTEE ON THE .JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in: The Committee on the Journal beg leave to report that they have examined the Journal for the twenty- second day of the Convention and that the same is cor- rect. Respectfully submitted, John F. Proctor^ Chairman. QUESTION OF PERSONAL PRIVILEGE. Mr. Long, of Walker, arose to a question of personal privilege, and stated that an editorial published in The Montgomery Advertiser of June 17th, under the head of 'Remarkable Foresight'' did him and the two-thirds of the members of the Convention a gross injustice. ORDINANCES ON FIRST READING. The following ordinances were introduced, severally read one time at length, and referred to appropriate •committees as follows: 20 306 Journal of Alabama ' Ordinance 381, by Mr. Williams, of Marengo : To establish a whipping post. The ordinance was referred to the Committee Ott Legislative Department. Ordinance 382, by 3Ir. Pettns: To prevent and prohibit intermarriage of negroes and whites. The ordinance was referred to the Committee on Legislative Department. Ordinance 383, by Mr. Browne : To amend Section 5 of Article XIII of the Constitu- tion, (llelates to schools.) The ordinance was referred to the Committee on Education. Ordinance 384, by Mr. Cofer : An ordinance to amend Section 25 of Article II of the Constitution. The ordinance was referred to the Committee on Judiciary. Ordinance 385, by Mr. Davis, of Etowah : To amend Section 7 of Article II of the Constituton. The ordinance was referred to the Committee on- Municipal Corporations. Ordinance 38G, b}- Mr. Lomax: Relating to the government of the University, and the payment of interest of the University fund. The ordinance was referred to the Committee on Education. Ordinance 387, by Mr. Murphree : Ordinance authorizing the reducing of the expense of administering small estates. The ordinance was referred to the Committee on Judiciary. Ordinance 388, by ^Ir. Greer, of Calhoun : An ordinance to fixe the date of the election of city officers in the- State of Alal)ama. The ordinance was referred to the Committee on- ^lunicipal Corporations. Constitutional Convention, 307 resolutions on first reading. The followiug resolutions were iutrodiiced, severally read one time at length, and referred to appropriate committees as follows : Resolution 159, by Mr. Graham, of Talladega:. " Resolved, That it is the sense of this Convention that the present appropriation of |550,000, and the special one mill tax, which approximates |250,000, for public schools, shall not be reduced or repealed by this Con- vention, either directly or indirectl}^ The resolution was referred to the Committee on Education. Resolution IGO, by Mr. Browne : Rc^solved, That the sympathy of this ('onvention be and the same is hereby extended to its worthy Secretary, Frank N. Julian, in his sorrow and bereavement in the death of his brother, AVilliam Julian. Mr. Reese moved that the rules be suspended and the resolution, No. 160, be placed upon its immediate passage. The rules were suspended, and the resolution was adopted. Resolution 101, b}^ Mr. Burns : Resolved, That it is the sense of this Convention that what should not be done directly, should not be done indirectly ; and that after the rules have been suspended for any special purpose, amendments should not be in order. The resolution was referred to the Committee on Rules. Resolution 1G2, by Mr. Burns: Resolved, That whenever a delegate precedes his mo- tion "to table" with a speech, or at the close of a speech calls for the previous question, he shall be declared out of order. The resolution was referred to the Committee on Rules. Resolution 163, by Mr. Burns : Resolved, That it is the sense of this Convention that each and every official of each and every district, muni- cipality, county, circuit, division, from township trus^ 308 Journal of Alabama tees to chancellors, shall be elected by the qualified elect- ors thereof, and that all State officials, including Rail- road Commissioners and Convict Inspectors. The resolution was referred to the Committee on Executive Department. Resolution 1(U, l>y Mr. Carmichael, of Coffee: Be it resolved, That in the future petitions, memor- ials, etc., containing more than 100 words, be referred without reading to the proper committees, and printed in the stenographic report. The resolution was referred to the Committee on Rules. Resolution 165, by Mr. Sloan : Whereas, on account of the limited time of three hours each day for the sitting of this Convention, and Whereas, it is impossible to accomplish any material work on the regular order in a session of one hour. Therefore, be it resolved. That when this Convention adjourns on Saturday it meet on Mondays at 10 o'clock. The resolution was referred to the Committee on Rules. Resolution 166, by Mr. Harrison : Resolved, That all speeches on amendments and ordi- nances reported by standing committees, be limited to five minutes each. The resolution was referred to the Committee on Rules. PETITIONS. Petition No. 2, by Mr. Black well (by request) : Mr. President and Members of the Alabama Constitu- tional Convention: Realizing the fact that no member of the negro race is represented in your august body to speak one word for us, we must appeal to you in this manner. Being Southern born, of ex-slaves. Southern raised, within the city where you are now in session, and having spent my energies among my people in this State for thirty years. Constitutional Convention. 309 I represent the product of Alabama negro manhood. I speak the sentiments of thousands of my race whose timidity locks their mouths. We have made many errors since emancipation. We were weaker than now, and prone to mistakes, But^ gentlemen, could you have looked for perfection in a race of ignorant liberated people? No matter how ignorant we were thirty years ago, and no matter how intelligent we become one hundred years from now, yet the fact remains the same — that then, now and henceforth we realize that the negro's best friend is the Southern white man. You have proven 3'our genuine friendship to us all along. You have given us work at any trade at which we were proficient. You have given us good schools, gone into your own pockets to educate us. You have given us counsel when we were in need of advice, for all of which we are grateful, and we hope we have proven the same to you. Do not expect more of us than of any other race at the same stage of development. We know that the salvation of the negro is in 3- our hands. You can make us industrious, contented, loyal and use- ful citizens; or you can make us shiftless, discontented and good for nothing. You are framing a Constitution for future government of generations of negroes of Ala- bama, as well as of other races. We are interested, be- cause we are lawabiding, and must live up to your new Constitution, or get out. Say to us, forsooth, that you are black, that your hair is kinky, or features Hamitic, or say that, forsooth some negro blood is in your veins, you cannot enjoy the franchise in Alabama, and you at once relegate us to the ranks of a brute. We would have not one incentive to go forward. You Avould cripple an alread weak race. We are among you, and satisfied. It was not of our own free will that we are here. Like other nations of the Far East, we did not migrate here and force our- selves upon you. Had we done so it mii>ht be fair and conservative that you say to us "get out," or drive us ouV by discriminative methods that were baselv uniust. But, gentlemen, we were snatched from our motherland, heathens. By the providence of Grod we were brought SIO Journal of Alabama here, and for three hundred years toiled for you a;s your ■slayes. American slayery, thoiij^h \yroni», \yas a blessing- to us. In its sehool of three hundred years \ye learned trades, language, customs and the religion of Jesus Christ. There is a just Grod who guards the destiny of nations, and in His own time slayery was a])olislied and we were left among you, ignorant of franchise and goyernment, with no education or character. Be conseryatiye to us, gentlemen. Do not deal a crushing blow. A blow from you at this critical mo- ment — with no flag except the glorious Stars and Stripes for which we haye bled and died ; no friend except you, whose fathers and mothers we haye guarded from harm, and you yourself whom we haye cherished and cared for while the Southern man fought for a lost cause — would be as Brutus' dagger of steel w^arming its blade in the life blond of Caesar. The tickle of our hoe has made your hands laugh fortli in haryest. Our axe has cleared your forests. We haye built your cities. Our pick has sunk down into the bowels of the earth and thrown up iron and coal. AAV emerged from slayer^' and went at once to work at whateyer price you yalued our labor. We do not cause any organic disturbance by strikes. We are striying to fit ourselyes for citizenship. We petition and implore you to not disturb our content by an unjust franchise. If you place an educational qualification that touches all alike we are satisfied. In short, we, though only thirty-fiye years old, are Ayilling to be weighed in the scale of manhood and measured with a tape of justice. Alabama, ore (»f the greatest States of tlve Union; one upon whom the eyes of the world are turned at pres- ent, a State vrbose alphabetical arrangenunit stands first of th(^ States of the greatest country of Ood's creation (a country upon whose territory the sun neyer sets), cannot aiford to disfranchise seyeral hundred thousand of its citizens, cannot afford to remoye the juiblic edu- cational fund from tbeuL An edticated d(\g is worth a hundred good-for-nothing curs. We do not demand any- thing of you. We cannot demand if \ye wcMild. We Constitutional Convention. 311 :simply entreat you as honest citizens to frame a Consti- tution tliat will not disgrace the wisdom of Alabama; that will not cause us to de<;enerate ; that will not cause us discontent; that will not cause us to doubt your friendship, which we have cherished for nearly four hundred years. Frame a Constitution that will be a pride of the t^tate — one that we will be proud of, as well as you; one that will benefit both races. Frame a Constitution that will place you at the head of the col- umn of sister States where you belong. Do not drive us into depredation. What incentive would a ten thousand dollar property (lualification be to us? Don't drive us from you ; we are here, and want to remain. God intended us to be here, and He intends us to remain. Had it not been so we would have perished long ago. Before the onward tread of Anglo-Saxon civi- lization races have vanished more rapidly than extinct- ion from shot a'nd shell or bayonet. The New Zealander, Pacific Islander and American Indian have all gone to their graves ; they were not able to Avithstand the environ- ments of the Nineteenth century civilization. No race, save the American negro, has been able to gaze into tho l)lue eyes of the Anglo-Saxon for centuries and live. God so constructed us of better stamina. We have lived, increased and prospered. Remember, gentlemen, that might is not at all times right. Judge not the whole race by its criminals. All races have them, and the bet- ter element of us, as of you, abhor crime and do not wish to be called criminals because we have criminals in our race. The Constitution that you frame shall live as an ever- lasting monument, not of stone or brass, nor Egyptian, to crumble and decay under the chemical changes of time — but shall stand out prominent above all other Ala- liama documents after death and the grave have claimed you. It shall live on after God has called you to rest. ITnborn generations of negroes and whites look up to it after your flesli has been devoured bv the earth worm, your bones bleached in the tomb, and your soul given ticcount for, your eartlily transit. 312 Journal, of Alabama Whether this monument will be one of honor or dis- grace to the name of our fair State, to its citizens, both black and white, and to you, will depend n]X)n your elec- tion. Respectfully, Willis E. Steers, M. D., Decatur, Alabama. Mr. Greer, of Calhoun, moved that the petition be not recorded as a part of the official proceedings of the Con- rention. Mr. Howell moved to lay upon the table the motion of Mr. Greer, of Calhoun, and the motion of Mr. Howell prevailed. Mr. Howell moved that the petition be referred to the Committee on Suffrage and Elections. The motion prevailed, and the petitiop was referred to the Committee on Suffrage and Elections. Mr. Case offered the following petition, which was read at length: Petition 3, by Mr. Case : Collinsville, Ala., June 13, 1901. To the Alahama Constitutional Conccntion, Montgom- ery^ Ahi. : Whereas, under National Interstate laws large trusts have and are being formed all over the country, with almost unlimited capital ; and Whereas, the trust companies from without the State of Alabama commonly known as department stores, without contributing one cent in revenues toward the payment of the expenses of maintaining and support- ing our State government, either in privilege or ad valorem taxes, are flooding the State with circulars, catalogues and agents, plying their trade, advertising their goods and supplying the consumers with many articles, same being actually delivered by the said agents^ Constitutional Convention. 313 and whereas the resident -merchants of this State are required to pay taxes before they can sell their goods, now, therefore, in consideration of the premises, your petitioners respectfull}'- pray that the delegates to the said Constitutional Convention of the State of Alabama examine into the merits of this momentous question to the end that some clause may be engrafted in our State Constitution by which these non-resident trusts and de- partment stores may be reached, and required to pay their fu'o rata share of our State taxes, or upon their failure or refusal to do so, that they may be denied the privilege of delivering their goods, wares and merchan- dise in the State of Alabama. Halls Dry Goods Co., Geo. W. Roberts, B. A. NowLiN, Byron & Co., M. G. A. Nicholson, Nicholson Drug Co., H. P. McWharter, R. A. Burt, B. Keinan, R. E. Roberts, Chas. Roberts & Co., Geo. W. Keener, , R. S. Williams & Co., H. R. Jordan & Son, C. C. Jordan, W. A. Wilburns Co., J. E. Gibson, R. H. Smith. The petition was referred to the Committee on Tax^ ation. The hour of 11 o'clock having arrived, the Convention, under the rules, suspended the roll call for the intro- 514 JouENAL OF Alabama duetion of ordinances, resolutions, petitions and me- morials, and proceeded to the consideration of UNFINISHED BUSINESS. Which was the report of the Committee on Executive Department, which was an ordinance "To create and define the Executive Department." The question being on the motion of Mr. Lowe, of Jef- ferson, to recomnyt Section 13 and tlie amendments thereto, to the Committee on Executive Department. Mr. Jones, of Montgomery, moved the previous ques- tion on the motion of Mr. Lowe, of Jetferson. The prev- ious question was ordered, and the Convention refused to recommit Section 13 and pending amendments. The question recurred upon tlie pending amendment -offered b}' Mr. deGraffenried on Saturday, the 15th. The amendment read as follows : To amend Section 13 by adding after the words "to reconsider it" in the fourth line of the following : If the Governor's message proposes no amendment which would remove his objection to the bill, the House in which the bill originated may proceed to reconsider, and if a majority of the whole number elected to that House vote for the passage of the bill, the bill shall be sent to the other House, which shall, in like manner, re- consider, and if a majority of the whole number elected to that House vote for the passage of the bill, the same shall become a law, notwithstanding the Governor's veto. And the amendment was adopted. The question then recurred upon the amendment of- fered by Mr. deGraffenried, which reads as follows: Amendment No. 2 : Strike from the Section all that precedes the words "if anv bill" in the eighteenth line thereof, and in lieu thereof insert the following: •EATry bill which shall have passed both Houses of the General Assemblv shall be presented to the Governor; if he approve, he shall sign it; but if not, he shall return Constitutional Convention. 315 it to that House from which it shall have origiuated, who shall enter the objection at large upon the Journal ;' and the House to which the bill shall be returned shall proceed to reconsider it; if after such consideration a majority of the whole number elected to that House shall vote for the passage of such bill, it shall be sent, with the objections, to the other House, by which it shall like- wise be considered ; if approved by a majority of the whole number elected to that House it shall become a Jaw, but in such cases the vot(\s of both Houses shall be determined by yeas and nays, and the names of the mem- bers voting for or against the bill shall be entered upon the Journal of each House respectively. Mr. deGraffenried then ottered the following amend- ment to the amendment No. 2, which reads : Amend caption of amendment No. 2 by striking from the same all after the words ^'to reconsider it'" in the fourth line down to and including the word ''respect- ively" in the eighteenth line, and inserting in lieu there- of the following: Every bill which shall have passed both Houses of the General Assend)ly shall be presented to the, Governor ; if he approve, but, and the amendment to the amend- ment was laid upon the table. ^Ir. Murphree offered the following substitute to Sec- tion 13 and pending amendments, which was read at length : Substitute for the report of the Committee on Exe- cutive Department and amendments thereto, as fol- lows : That Section 13 of Article X of the Constitution of 1875 be adopted in full, with the addition that the Gov- ernor may approve l)ills within ten days after final ad- journment, if approved and deposited with the Secretary of State within that time. Mr. Wilson, of Washington, moved the previous ques- tion on the substitute. The previous question was ordered, and the substitute offered bv Mr. JMurphree was lost. ]Mr. Samford moved that the amendment No. 2, offer- ed by 3Ir. deGraffenried, be laid upon the table, and the 316 Journal of Alabama motion to table prevailed, and the amendment was laid upon the table. Mr. Fitts moved the previous question on Section 13,- as amended, and the previous question was ordered. Mr. Smith, Mac. A., moved a reconsideration of the vote by which the previous question was ordered, and on that Mr. Whiteside called for the yeas and nays. The call was not sustained. And the motion of Mr. Smith, Mac. A., was lost. The main question was then put, and Section 13, as- amended, was adopted. SECTION FOURTEEN. Sec. 14. The Grovernor shall have power to approve or disapprove any item or items of any bill making ap- propriations embracing distinct items, and the part or parts of the bill approved shall be the law, and the item or items disapproved shall be void, unless repassed ac- cording to the rules and limitations prescribed for the passage of other bills over the Executive veto; and he shall in writing, state specifically the item or items he disapproves, setting forth the same out in ]iaec verba, in his message; but in such case the enrolled bill shall, not be returned with the Governor's objection. Was read at length. Mr. Bi'ooks offered the following amendment, which was read at length : Amend Section 14 of an ordinance to create and de- fine the Executive Department, by striking out the same and inserting the following: Sec. 14. The Governor shall have power to approve or disapprove any item of any bill embracing distinct items of appropriation and the portion of the bill ap- proved shall be the law. He shall, in his message, speci- fically set out in full, as the same appears in such bill, the item disapproved, which shall be void unless re- passed, according to the rules prescribed f(U* the passage of other bills over the Executive veto; and the enrolled bill shall not be returned with the Governor's objection.. Constitutional Convention. 317 Mr. Espy moved that the amendment offered by Mr. Brooks be laid upon the table. The motion of Mr. Esp}' prevailed, and the amendment of Mr. Brooks was laid upon the table. Mr. Long, of Butler, offered the following amend- ment, which was read at length : Amend Section 14 by striking out the words "in haec verba" where they appear in line six, and insert- ing the words "in full." Mr. O'Neal, of Lauderdale, moved that the amendment of Mr. Long, of Butler, be laid upon the table. The motion of Mr. O'Neal, of Lauderdale, was lost, and the amendment of Mr. Long, of Butler, was adopted. Mr. Fitts moved that Section 14, as amended, be adopted. The previous question was ordered, and Sec- tion 14, as amended, was adopted. SECTION FIFTEEN. Sec. 15. In case of the Governor's removal from office, death, or resignation, the Lieutenant Governor shall be- come Governor. If both the Governor and Lieutenant Governor are removed from office, die, or resign, prior to the next general election thereafter, for members of the General Assembly, the Governor and Lieutenant Governor shall be elected at such election for the unex- pired term. In case of the impeachment of the Gover- nor, his absence from the State, unsoundness of mind, or other disability, the power and authority of the office shall devolve, in the order herein named, upon the Lieu- tenant Governor, President pro tem of the Senate, Speaker of the House of Representatives, Attorney Gen- eral, State Auditor, Secretary of State, and State Treas- urer; if any of these officers be under any of the disabili- ties herein specified, the office of Governor shall be ad- ministered in the order named by these officers free from such disability, until the Governor is acquitted, returns to the State, or is restored to his mind, or relieved from other disability. If the Governor shall be absent from the State over twenty days, the Secretary of State shall notify the Leutenant Governor, who shall enter upon 318 Journal of Alabama the duties of GoYernor; if both the (xovernor and Lieii- teuaut Governor sliall be absent from the State over twenty days the Secretary of State sliall notify the President pro tern of the Senate, who shall enter upon the duties of the Governor, and so on, in case of such absence, he shall notify each of the other officers named in their order, who shall discharge the duties of Gover- nor, until the Governor or other officeits entitled to td- minister the office in succession to the Governor, returns. If the Governor-elect fails or refuses from any cause to qualify, the Lieutenant Governor-elect shall qualify, and exercise the duties of the Governor's office until the Governor-elect qualifies; and in the event both the Gov- ernor-elect and Lieutenant Governor-elect, from any cause, fail to qualify, the President pro tem of the Sen- ate, the Speaker of the House of Kepresentatives, the Attorney General, State Auditor, Secretary of State, and State Treasurer shall in like manner, in the order named, administer the government until the Governor or Lieutenant Governor-elect (pialifies. Was read at length. The Committee on Executive Department, through its chairman, Mr. Jones, of Montgomery, offered the fol- lowing amendment, which was read at length : Amend Section 15 of the third line by striking out the word "thereafter' in the third line, and substituting in lieu thereof thereafter the words "after their election.'^ And the amendment was adopted. Mr. Williams, of Barbour, ottered the following amendment, which was read at length : Amend Section 15 by inserting after the words "un- expired term" in the fifth line, the following sentence: And in the ev(Mit of a vacancy in the office, caused by the removal from office, death or resignation of the Gov- ernor, and Lieutenant Governor, pending such vacancy and until their successors shall be elected and (pialified, the office of Governor shall be held and administered by either the President pro tem of the Senate, Speaker of the House of Representatives, Attorney General, Audi- tor, Secretarv of State or Treasury, and! in the order luM-ein named. The amendment was adopted. Constitutional Convention. 319- Mr. Pettiis offered the following' amendmeut, which was read at length : Amend Section 15 of xVrticle V by striking out the words "the President pro tern of the Senate," in lines 22 and 23 of said section. Mr. Jones, of Montgomery, moved that the amendment of Mr. Pettus be laid upon the table, and the motion pre- vailed, and the amendment was laid upon the table. Mr. Fitts moved that Section 15, as amended, be adopted, and upon that motion he demanded the prev- ious quesition. The previous (question was ordered, and Section 15 of the ordinance, as amended, was adopted. SECTION SIXTEEN. Sec. 10. If the (xovernor or other officer administer- ing the office shall become of unsound mind, it shall be the duty of the Supreme Court of Alabama, upon ]'e({uest in writing of au}^ two of the officers named in Section 15, not next in succession to the Governor, to ascertain the mental condition of the Governor, or other officer exer- cising the office — and if he is of unsound mind, to so certify upon its minutes; a copy of which, duly certified, shall be filed in the office of the Secretary of State; and in that event, it shall be the duty of the officer next in succession to perform the duties of Governor, until the Governor or other officer exercising the office is restored to his mind. Was read at length. Mr. Jones, of Montgomery, chairman acting for the Committee on Executive Department, offered the follow- ing amendment, which was read at length: Amend Section 16, line 2, by adding after the woi'ds ' Alabama" the words "under such relgations as it may {uescribe." Mr. Macdonald offered the following amendment to the amendment offered by the committee, which was read; at length : To amend Section IG of Article V by adding the fol- lowing words: 320 Journal of Alabama The request in writing hereinabove provided for shall be verified by the affidavit of those making such request. And the Supreme Court shall prescribe rules of practice in such proceedings, which rules shall include a provis- ion for the service of notice on theGovernor of such pro- ceeding, and a method of taking testimony therein." ADJOURNMENT. Pending the further consideration of the substitute and the amendments, and the hour of 1 o'clock p. m. having arrived, the Convention, under the rules, ad- journed until to-morrow morning at 10 o'clock. TWENTY-FOURTH DAY. Convention Hall. Montgomery, Ala., Tuesday, June 19, 1901. The Convention met pursuant to adjournment. Prayer was offered by Rev. Mr. Murphree of the city. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constitute a quorum : Messrs. President, Boone, Almon, Brooks, Altman, Browne, Ashcraft, Bulger, Banks, Burnett, Barefleld, Burns, Bartlett, Byars, Beavers, Cardor, Beddow, Carmichael (Colbert), Bethune, Carmichael (Coffee), Blackwell, Carnathon, Constitutional Convention. 321 Case, Chapman, Cobb, Oofer, Coleman (Greene), Comwell, Craig, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, deGraffeni'ied, Duke, Eley, Eyster, Espy, Ferguson, Pitts, Foshee, Foster, Freeman, Gilmore, Glover, GraJiam (Montgomery), Graham (Talladega), Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers)., Heflin (Randolph)., Henderson, Hinson, Hodges, Hood, Howell, Howze, Inge, 2J, Jackson, Jenkins, Jones (Bibb), Jones (Hale), Jones ( Montgomery ) , Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Ledbetter, Leigh, Lomax, Long (Butler), Long (Walker), Lowe (Jefferson), Lowe ( Lawrence ) , Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, driller (Marengo), Miller (Wilcox), Moody, Morrisette, ^lulkey, Murphree, NeSmith, Norman, Norwood, Gates, O'Neal (Lauderdale), O'Neill (Jefferson), 0])p, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), 322 Journal of Alabama Pearce, Pettiis, Phillips, Pillans, Pitts, Porter, Proctor, Eeese, Eenfro, Reynolds (Chilton), Reynolds (Henry), Robinson, Rogers (Lowndes),. Rogers (Sumter), Samford, Sanders, Sanford, Searcy, Selheimer, Sentell, Sloan, Smith (Mobile), Smith, Mac. A., Smith, Morgan M., Sorrell, Spears, Spragins, Stewart, Studdard, Tayloe, Thompson, Vaughan, Waddell, Walker, Watts, Weakley, Weatherly^ White, Whiteside, Willett, Williams ( Barbour) ^ Williams (Marengo), Williams (Elmore), Wilson (Clarke), Wilson (Washington) Winn— 150. LEA^"E OF ABSENCE Was granted to Mr. Opp for last Monday. REPORT OF .JOURNAL CO:\IMITTEE. Tlie chairman of the Committee on the Journal sub- mitted the following report, which was concurred in : The Committee on the Journal beg leave to report that they have examined the Journal for the twenty- third day of the Convention, and found the same to be correct. Respectfully submitted, John F. Proctor, Chairman.. Constitutional Convention. 323 resolutions on first reading. The following resolntious were introduced, severally read one time at length, and referred to appropriate committees, as follows: Resolution 167, by Mr. NeSmitli : Whereas, this Convention, at the conclusion of its labors, should issue an address to the people of Ala- bama, outlining briefly the changes made, and showing the superiority of the new Constitution over the one under which we are now living; And, whereas, should a committee be speedily ap- pointed for the purpose, such address would be better and more easil}^ prepared; Therefore, be it resolved, That the President of this Convention be empowered to appoint a committee of twelve, of which he shall be the chairman, to draft such an address. The resolution was referred to the Committee on Rules. Resolution 168, by Mr. Gates: Resolved, That inasmuch as the printed acts of the last session of the General Assembly are so voluminous as to nuike them unwieldly and easily destructable that the Secretary of State be directed to have them bound as follows : The CTcneral Law^s in one volume, the General and Local Laws together in two volumes, and the State Audi- tor is hereby authorized to give his warrant on the Treasurer for the cost of the additional bindings, at the rate provided for in the contract for the public printing. The resolution was referred to the Committee on Schedule, Printing and Incidental Expenses. Resolution 169, by Mr. Williams, of Marengo : • Whereas, The Convention has incurred considerable expense in obtaining a stenographic report of the pro- ceedings of the Convention, and whereas, the wisdom of the reports appears more apparent every day, and where- as, as a ready reference the reports are a failure as they now are, and whereas, an index would add greatly to the value of the reports; 324 Journal of Alabama l:si)w, tlirefore, be it resolved bv the Convention, That as soon as the Convention shall have adjourned sine die that the Seeretarv of State be and he is hereby author- ized to contract with some reliable party who shall make a complete index of said report and shall place the same in each of the volumes of the reports hereto- fore ordered kept for the use of the State, and shall fur- ther cause to be printed in some paper in Alabama the said index, so that those people of Alabama who are preserving the reports may easily obtain a copy of said index for their use and preservation. The resolution was referred to the Committee on Eules. Eesolution 170, by Mr. Greer, of Perry: Eesolutiou of welcome to the Alabama Press Associa- tion : Whereas, the press of Alabama is recognized as the most potent factor in disseminating information and in molding public opinion throughout every county, city, town, hamlet, and rural district of the State of Ala- bama ; and Whereas, The press of Alabama, as a majority, has ever been found on the side of the people, and of law and order, on all questions affecting the public weal, and in no time in its history has it failed to secure an endorsement of its fight for right, law and justice; and Whereas, This Constitutional Convention owes, in a large measure, this assembling of the representatives of the people to the efforts of the press of Alabama, whose voice was almost as a unit for the call of the Conventicm ; and Whereas, a close scrutiny of the columns of the State press will show that it is to-day promulgating every act of this Convention, discussing and dissecting the same, so that each and every voter may be enabled to vote in- telligently on the question of endorsement or refusing to endorse the action of this Convention ; and Whereas, The Alabama Press Association will meet in annual session in the city of Montgomery on Thurs- day and Friday of this week, Constitutional Convention. 325' Therefore, be it resolved, by the people of Alabama, in Couveution assembled, That the editors, their wives, daughters, sous and friends, composing this association, be extended an invitation to attend upon the meetings of this Convention during their stay in this city. Be it further resolved. That this Convention invite the criticisms of the press of Alabama with reference to the arduous task now confronting this body, in formu- lating a new organic law, believing as we do that these intelligent criticisms will redound not only to the rati- fication of our acts, but that the people will thereby be apprised of the efforts now being made by their repre- sentatives to fulfill their duties honestly, fearlessly and conscientiousl3\ Be it further resolved. That this Convention extends best wishes to those members -who shall take the happy outing to the Pacific coast, and that their trip may prove one of pleasure and of profit, and that they may return to their homes feeling that they have been rewarded in garnering information that will aid them in their pro- gressive strides towards placing their State at the head of the realm, in progress and education, as she now stands in natural resources, and acknowledged possi- bilities. ^Ir. (heer, of Perry, moved that the rules be sus- pended aud that the resolution 170 be placed upon its immediate passage. The motion was lost, and the reso- lution was referred to the Committee on Schedule, Printing and Incidental Expenses. ORDINANCES ON ElKST READING. The following ordinances were introduced, severally read one time at length, and referred to appropr-iate committees, as folloAvs: Ordinance 389, by Mr. O'Neill, of Jefferson : To relieve agents of firms or corporations in this State of license tax not charged outside the State to agents, of firms or corporations doing business in Alabama. 326 Journal of Alabama The ordiuaDce was referred to the Committee on Municipal Corporations. Ordinance 390, by Mr. Spears : An ordinance authorizin<>- and makini; it the duty of the Commissioners' Court of St. Clair county to erect a suitable court house and jail at some place in said county on the south side of Back Bone Mountain, where all the courts are to be held for the trial of all causes and the transaction of all leg'al business oi'iginating in and per- taining to the people residing in beats 9, 10, 11, 12, 13, 14, 15,' 16, 17, 18, 19, 20, and'21, of said county. The ordinance was referred to the Committee on State and County Boundaries. Ordinance 391, by Mr. Whiteside : An ordinance to prevent discrimination in privilege taxes. The ordinance was referred to the Committee on liCgislative Department. Mr. Browne asked unanimous consent that a com- munication from a committee of the Alabama Educa- tional Association, now in session in the city of Mont- gomery, be read by the Secretary. The communication "was read at length as folloA\"s : Montgomery, June 19, 1901. Hon. J. B. (irahani, Clntirinau (U>iiiiiiittce on Educa- tion; HoiL Cecil Broinic, Vhairntun Coiinuittce on Ta.rafion : My Dear Sirs: At a regular meeting of the Alabama Educational Association, Tuesday, June 18th, the fol- lowing resohition was adopted : Resolved, That the hour of 1:30 p. ul Wednesday be the hour set apart for the discussion of ''Local Tax- ation for SchAlnn — 76. NAYS McMillan (Wilcox), Martin, Moody, Murphree, NeSmith, O'Rear, Parker (Cullman), Parker ( Elmore ) , Pearce, Pettus, Pillans, Proctor, Reese. Renfro, Reynolds ( Chilton ) , Rogers (Lowndes), Sanders, Searcy, Sentell, Sloan, Smith (Mobile), Sorrell, Studdard, Thompson, Waddell, Walker, Watts, Weatherly, Whiteside, Willett, Williams ( Barbour ) , Williams (Elmore), Wilson (Clarke). AVilson (Washington) — 08. 334 Journal of Alabama Mr, Samford moved the adoption of Section 20, as amended, and called for the previous question. The previous question was ordered. Mr. Brooks moved that Section 20 and the amend- ments be laid upon the table. The yeas and nays were demanded, and the call was sustained, and the motion of Mr. Brooks was lost. YEAS. Messrs. President. Almon, Bartlett, Brooks, Browne, Bulger, Burnett, Byars, Cardon, Carmichael (Coffee), Case, Davis (Etowah), Eley, Foshee, Porter, Grayson, Greer (Calhoun), Haley, Harrison, Heflin (Chambers), Heflin (Randolph), Hinson, Hood, Jackson, Jenkins, Jones (Bibb), Kyle, Long (Butler), Long (Walker), :\rcMillan (Wilcox), Martin, Miller (Marengo), Moody, NeSmith, Gates, O'Rear, Parker ( Cullman ) , Parker (Elmore), Pearce, Pettus, Pillans, Proctor, Reese. Renfroe, Reynolds (Chilton), Rogers (Lowndes), Sanders, Searcy, Sen tell, Sloan, Smith (Mobile), Sorrell, Thompson, Waddell, Walker, Watts, Whiteside, Willett, Williams (Elmore), Wilson (Clarke), Wils(.n (AVashi.igton)— GL Constitutional Convention. 335 NAYS. Messrs. Altman, Ashcraft, Barefield, Beavers, Beddow, Betliune, Blackwell, Boone, Carnathon, Chapman, Cobb, Cofer, Coleman (Greene), Cornwell, Craig, Cunningham, Davis (DeKalb), Dent, deGraffenried, Duke, Espy, Ferguson, Fletcher, Freeman, Gilmore, Glover, Graham ( Talladega ) . Grant, Greer (Perry), Handley, Henderson, Hodges, Howell, Howze, Inge, Jones (Hale), Jones (Montgomery), Jones (Wilcox), Kirk, Kirkland, Knight, Ledbetter, j.eigh, Lockliu, Lowe (Jefferson), Lowe (Lawrence), Macdonald, McMillan (Baldwin). Mai one. Maxwell, Merrill, Miller (Wilcox), Morrisette, Mulkey, ^lurphree, Norman, Norwood, O'Neal (Lauderdale),. O'Neill (Jefferson), Opp, Palmer, Porter, Reynolds (Henry), Robinson, Rogers (Sumter), Samford, Sanford, Selheimer, Smith, Mac. A , Smith, Morgan M., Spragins, Stewart, Tayloe, Vaughan, Weaklev, White, " Williams (Barbour), Williams (Marengo) ^ Winn— 79. 336 Journal of Alabama The question then recurred upon the motion of Mr. Samford to adopt Section 20, as amended. The motion of Mr. Samford prevailed, and Section 20, as amended, was adopted. Mr. Pettus moved to reconsider the vote by which Section 20 was adopted, and liave notice that on to-mor- ix>w he woukl call up said motion for a reconsideration of the vote by which section 20 and the amendments thereto were adopted. SECTION TWENTY-ONE, Sec. 21. No person shall be eligible to the office of Secretary of State, State Treasurer, State Auditor, Superintendent of Education, Attorney General, or Commissioner of Agriculture and Industries, unless he shall have been a citizen of the United States at least seven years, and shall have resided in this State at least five years next preceding his election, and shall be at least twenty-five years old when elected. Was read at length. Mr. Gates offered the following amendment, which Avas vend at length : Amend Section 21 by striking out the word "State" where it occurs before the words Auditor and Treasurer. J^Ir. Jones, of Montgomery, moved to table the amend- ment otTered by Mr. Gates. The motion of Mr. Jones, of Montgomery, prevailed, and the amendment of Mr. Gates was laid upon the table. Mr. Chapman offered the following amendment, which was read at length : Amend Section 21 by striking out the word ''twenty- five" in the fifth line, and inserting therein the woi'd "thirty." Mr. Jones, of Montgomery, moved to table the amend- ment otfereventy. Mr. Pettus moved to table Section 20 of the ordinance "To create and define the Executive Department." The motion to table prevailed. Yeas, 70 ; nays, 65. YEAS. Messrs. President, Almon, i Bartlett, Brooks, Browne, Bulger, Burnett, Burns, Byars, Cardon, Carmichael (Coffee), Carnathon, Case, Cornwell, Davis (Etowah), deGraffenried, Eley, Foshee, Foster, Freeman, Graham ( Montgomery ) , Grayson, Greer (Calhoun), Haley, Harrison, Heflin (Chambers), Heflin (Randolph), Hinson, Hood, Jackson, Jenkins, Knight, Kyle, Ledbetter, Long (Butler), Long (Walker), McMillan (Wilcox), Martin, Miller (Marengo), Moody, NeSmith, Gates, O'Neill (Jefferson), O'Rear, Palmer, Parker (Cullman)^ Parker (Elmore), Pearce, Pettus, Pillans, Pitts, Porter, Proctor, ' Reese, 346 Journal of Alabama Ken fro, Reynolds (Chilton), Rogers (Lowndes), Sanders, Searcy, Sentell, Sloan, Sorrell, Studdard, Thompson, Waddell, Watts, Weatherly, Whiteside, Wilson (Clarke) Wilson ( Washington ) — 70. NAYS. Messrs. Banks, Barefield, Beddow, Bethune, Blackwell, Chapman, Cobb, Cofer, Coleman (Greene), Craio" Davis (DeKalb), Dent, Duke, Espy, Fletcher, Gilmore, Glover, Graham (Talladega), Grant, Handley, Henderson, Hodges, Howell, Howze, Inge, Jones (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), Tvirk, Leigh, Locklin, Macdonald, McMillan (Baldwin), Malone, Maxwell, ^lerrill. Miller (Wilcox), Morrisette, Mulkey, ^liirphree, Norman, Norwood, O'Neal (Lauderdale), Opp, Phillips, Reynolds (Henry), Robinson, Rogers (Sumter), Samford, Sanford, Selheimer, Smith (Mobile), Smith, Mac. A., Smith, Morgan M., Spears, Stewart, Tayloe, Vaughan, Walker, Constitutional Convention. 347 Weakley, Williams (Marengo), White, Winn — 65. Williams (Barbour), ANNOUNCEMENT OF PAIRS. The following' pair was announced on the question iibove set out : Messrs. ^AHliams, of Elmore, and Spragins. Mr. Wil- liams, of Elmore, would vote aye, and Mr. Spragins would vote nay. notice of reconsideration. Mr. deGraffenried gave notice that at the proper time on to-morrow he would move a reconsideration of the vote by which Section 20 of the ordinance "To create and detine the Executive Department" was laid upon the table. report of standing committees. Mr. Fletcher, chairman of the Committee on Banks and Banking, submitted the following report, which was laid upon the table for a third reading, and 300 copies of said report were'ordered printed. REPORT OF COMMITTEE ON BANKS AND BANKING. Mr. President: The Committee on Banks and Banking have instructed me to make the following report, viz. : They have examined all the ordinances and resolutions submitted to them, and without passing upon them separately, will say the}^ have embraced the substance of some of them in the article herewith submitted. That they have adopted the entire subdivision on Banks and Banking as it appears in Article XIV of the Constitution, with Section 8 added. A. S. Fletcher, Chairman on Banks and Bankinjr. 348 Journal of Alabama AKTICLE XIV. Sec. 1. Subdivision Banks and Banking. Tlie General Assembly shall not have the power to establish or incorporate any bank or banking company or mone}^ institution, for the purpose of issuing bills of credit, or bills payable to order or bearer, except under the conditions prescribed in this Constitution. Sec. 2. No bank shall be established otherwise than under a general banking law, nor otherwise than upon a specie basis. Sec. 3. All bills or notes issued as money shall be at all times redeemable in gold or silver, and no law shall be passed sanctioning, directly or ndirectl}^, the sus- pension of any bank or banking company of specie pay- ment. Sec. 4. Holders of bank notes and depositors who have not stijiulated for interest, shall, for such notes and deposits, be entitled in case of insolvency, to the prefer- ence of payment over all other creditors. Sec. 5. Every bank or banking company shall be re- quired to cease all banking operations within twenty years from the time of its organization ( unless the Gen- eral Assembly shall extend the time), and promptly thereafter close its business; but shall have corporate capacity to sue, and shall be liable to suits until its af- fairs and liabilities are fullj closed. Sec. 6. No banks shall receive, directly or indirectly, a greater rate of interest than shall be allowed by law to individuals for lending money. Sec. 7. The State shall not be a stockholder in any bank, nor the credit of the State ever be given, or loaned, to any banking company, association or corporation. Sec. 8. The General Assembly shall, by appropriate laws, provide for the examination by some public officer, of all banks and banking institutions and trust com- panies engaged in banking business in this State. UNFINISHED BI'SINESg. The Convention proceeded to the consideration of the unfinished business, which was the ordinance "To^ Constitutional Convention. 349 create and define the Executive Department," reported by the Committee on Executive Department. The question was upon the amendment offered by Mr. Eobinson to the substitute reported by the committee for Section 22 of said ordinance, as follows : Sec, 22. To commemorate the origin of the name of the State of Alabama, the Great Seal of the State which shall be used ofiicially b}^ the Governor, shall consist of the figure of an Indian Chief followed \w a small band of warriors, who, in crossing a beautiful meadow, as he approaches the bank of a river, thrusts his spear into the earth; with the words inscribed on a scroll above his head : ''Here we rest." The said Seal shall be called the "Great Seal of the State of Alabama." Mr. Boone moved to table the substitute, and the amendment. The motion to table prevailed. Mr. Spragins offered the following substitute for Sec- tion 22, of the said ordinance : To substitute for Section 22 the following : Typical of the resources of the State of Alabama, the Great Seal of the State, which shall be used officially by the Governor, shall be the old seal used until 1875, with addition to indicate the mineral as well as the agricultural resources of the State, its rugged mountains, fertile plains and beautiful rivers, and that the Legis- lature shall name a commission to design said seal on these lines, and when approved by the Legislature, it shall be the Great Seal of the State of Alabama. Mr. O'Neal, of Lauderdale, moved that the substitute offered by Mr. Spragins be tabled. " The motion to table prevailed. Mr. deGraffenried moved that Section 22, "There shall be a Great Seal of State, which shall be used offi- cially by the Governor, and the Seal now in use shall continue to be used until another shall have been adopted by the General Assembly. Said Seal shall be called the Great Seal of the State of Alabama, as re- ported by the committee, be adopted. The motion prevailed, and Section 22, as above set out, was adopted. 350 Journal of Alabama report of committee on executive department. Mr. Jones, of Montgomery, chairman of the Commit- tee on Execntive Department, snbmitted the following- report : Mr. President : The Committee on Executive Department instructs- nie to report the following substitute for Section 4 of the ordinance ''To create and define the Executive De- partment," and the pending amendments, to-wit : Strike out Section 4 as it now stands, and insert in lieu thereof the following words: Sec. Jr. The returns of every election for Grovernor,. Lieutenant Grovernor, Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Education, and Commissioner of Agriculture and In- dustries, shall be sealed up and transmitted by the re- turning officers to the seat of government, directed to the Speaker of the House of IJepresentatives, who shall, during the first week of the session to which said re- turns shall be made, open and publish them in the pres- ence of botl) Houses of the Ceneral Assembly, in joint convention. The joint convention shall supervise and control the Speaker in the discharge of this duty, and has power : First, to determine whether the returns are in legal form, made by the proper officers, and truly give the results as ascertained and declared by the Board of Supervisors in the several counties. Second, to con-ect such errors as may lie found therein. Third, to procure proper returns, when, for any cause, re- turns from any county have failed to reach the Speaker. The joint convention shall have no power to question the returns as to any other matter, or in any other re- spect. The jierson found to have the highest 'numl)er of votes for either of said offices vshall be declared duly elected; but if two or more persons shall have an equal and the highest number of votes for the same office, the General Assembly, by joint vote, without , McMillan (Wilcox), Malone, Maxwell, Merrill, Miller (Wilcox), Mulkey, Norman, Norwood, Gates, O'Neal (Lauderdale), O'Neill (Jefferson), Parker (Cullman), Pitts, Proctor, Reese, Robinson, Rogers (Lowndes), Samford, Sanders, Sanford, Sellieimer, Smith (Mobile), Smitli, Morgan M., Tayloe, Waddell, Walker, Watts, White, Wilson (Clarke), Wilson (Washington) -70. NAYS. ^lessii-s. Almon, Ashcraft, Rarefield, Bartlett, Beavers, Blackwell, Browne, Bulger, Burns, Byars, Cardon, Carnathon,. Constitutional Convention. 3'55 Case, Chapman, Cofer, Coleman (Greene), Cornwell, Davis (DeKalb), Davis (Etowah), Fletcher, Foshee, Freeman, Glover, Grayson, Greer (Calhoun), Haley, Handley, Harrison, Henderson, Hodges, Jackson, Jenkins, Kirk, Knight, Long (Butler), Long (Walker), Lowe (Jefferson), Martin, Miller (Marengo), Moody, Murphree, NeSmith, Opp, O'Kear, Palmer, Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Porter, Renfro, Reynolds (Chilton), Reynolds (Henry), Rogers (Sumter), Searcy, Seutell, Sloan, Smith, Mac. A., Sorrell, Spears, Spragins, Stewart, Studdard, Thompson, Vaughan, AMiiteside, Williams (Barbour), Williams ( Marengo ) , Williams (Elmore), WiQu--71. adjournment. Pending the further consideration of the amendment offered by Mr. Coleman, of Greene, the hour of 1 o'clock p. m. having arrived, the Convention, under the rules, adjourned to meet at 10 o'clock on to-morrow. 356 Journal of Alarama TWEXTY-SIXTH DAY. Convention Hall. Montgomery, Ala., Friday, June 21, 1091. The Convention met pursuant to adjournment. Prayer was offered by Eev. Mr. Murphy of the city. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : Messrs. President, Almon, Ashcraft, Banks, Barefield, Bartlett, Beavers, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Bulger, Burnelt, Burns, Byars, Cardon, Carmichael (Colbert), Carmichael (Coffee), Carnathon, Case, Chapman, Cobb, Cofer, Coleman (Greene), Cornwell, Craig, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, deGraffenried, Duke, Eley, Eyster, Espy, Ferguson, Fitts, Fletcher, Foshee, Foster, Freeman, Gil more. Glover, Graham ( Montgomery ) , Graham (Talladega), Grant, Grayson, Greer (Calhoun), Constitutional Convention. 357 Greer (Perry), Haley, Handley, Harrison, H efli 11 ( Chambers ) , Heflin (Randolph), Henderson, Hinson, Hodges, Hood, HoAvell, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Hale), Jones ( Montgomery) , Jones (Wilcox), Kirk, Knight, Kyle, Ledbetter, Leigh, Locklin, Lomax, Long (Butler), Long (Walker), Lowe (Jefferson), Lowe (Lawrence), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, INLaxwell, Miller (Marengo), Miller (Wilcox), Moody, Morrisette, Miilkev, Murphree, NeSmith, Norman, Norwood, Gates, G'Neal (Lauderdale), G'Neill (Jefferson), Gpp, G'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pearce,, Pettus, Phillips, Pillans, Pitts, Porter, Proctor, Keese, Kenfro, lieynolds ( Chilton ) ^ Reynolds (Henry), Robinson, Rogers (Lowndes), Rogers (Sumter), Samford, Sanders, San ford, Searcy, Selheimer, Sentell, Sloan, Smith (Mobile), Smith, ^[ac. A. Smith, Morgan M. Sorrell, Spears, Spragins, Stewart, Studdard, 358 Journal of Alabama Tayloe, Whiteside, Thompson, Willett, Vaughan, Williams (Barbour), Waddell, Williams (Marengo), Walker, Williams (Elmore), Watts, Wilson (Clarke), Weakley, Wilson (Washington) — 146 White, LEAVE OF ABSENCE Was granted to Messrs. Winn for to-day and to-mor- row; Eyster for yesterday; Willett for yesterday; Ait- man for yesterday, to-day and to-morrow ; Cimuingham for yesterday; Carmiehael, of Colbert, for yesterday and to-day; Bethune for to-morrow; Coleman, of Walker, for yesterday, to-day and to-morrow; Merrill for to-day; Jones, of Bibb, for to-morrow; Waddell for to-morrow; Heflin, of Randolph, for to-morrow; Burnett for to-mor- row; Long, of Butler, for to-morrow; Stewart for Satur- day and Monday; Almon for to-morrow; Davis, of Eto- wah, for to-morrow; Craig for Saturday and Monday; Williams, of Elmore, for to-moiTow; Norwood for to- morrow; Foshee for to-morrow; Inge for to-morrow. REPORT OF THE COMMITTEE ON JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report : The Committee on the Journal beg leave to report that they have examined the Journal for the twenty-fifth day of the Convention, and found the same to be correct. Eespectfully submitted, John F. Proctor, Ch a inn an. The report was concurred in. stenographic report. Mr. Ashcraft called the attention of the Convention to certain errors in the stenographic report of the pro- ceedings of yesterday. Constitutional Convention. 359 The report was ordered corrected. Messrs. Cobb, Coleman, of Greene, and Heflin, of Chambers, also called attention to certain errors in the stenographic report of the proceedings of yesterday. The report was ordered corrected. COMMUNICATION. The following communication was read to the Conven- tion: Montgomery, Ala., June 21, 1901. To Frank y. Julian, Secretary Constltuiional Conven- tion, City : Sir : Yours, enclosing resolution No. 171, of the Con- stitutional Convention, was duly received. The resolu- tion was read to the Alabama Press Association, and received with satisfaction. I was instructed to extend thanks for the handsome recognition of this Association by a Convention which will rank in history as one of the most important that ever assembled in this State. Nqvj respectfully, J. A. ROUNTREE, Secretary Alabama Press Association. REPORT OF STANDING COMMITTEES. Mr. Lomax, chairman of the Committee on Preamble and Declaration of Rights, submitted the follow ing re- port: REPORT OF THE COMMITTEE ON PREAMBLE AND DECLARA- TION OF RIGHTS. Mr. President : The Committee on Preamble and Declaration of Rights instructs me to report the Preamble and Decla- 360 Journal of Alabama ration of Rights hereto attached for adoption by this Convention. The committee has carefullY examined and considered all of the ordinances referred to it, and has incorporated the principles of some of them in the arti- cle herewith reported. A large number of them have been rejected by the committee because it was believed that the great and essential principles of liberty em- bodied in the bill of liights, being as they are, the crys- talization of the experience of centuries, should be pre- served as far as possible, from change and innovation. The changes which have been made in the present article by omission of certain parts thereof have been made because the omitted portions were not properly part and parcel of a solemn statement of the reserved rights of the people to unequivocally declare which is the aim and purpose of the Bill of Rights of the Constitution of our State. Some of the ordinances rejected by the com- mittee failed of adoption because it was evident that the objects sought to be obtained could be secured by legis- lative action, and that hence they were not proper mat- ters for Constitutional enactment. The few sections and parts of sections added by your committee and not pro- posed by any ordinance referred to it were adopted be- cause in the judgment of the committee they made more clear and specific and gave greater emphasis to those rights of the people which are above and beyond the general powers of government. All ordinances referred to the committee are here- with respectfully returned. The following are the material changes reported : The Preamble has been shortened merely with a view of conforming to the practice of recent Conventions, all of which have adopted the shorter form of preamble. To Section 5 of the Declaration of Rights the follow- ing words have been added: "No law shall ever be passed to curtail or restrain the liberty of speech or of the press." To Section 7 the following additicm has been made: A provision fixing in the Constitution the right of the de- fendant to testify in his own behalf and, also, one per- Constitutional Convention. 361 mitting' a motion by a defendant for a change of venue to be heard and determined in his absence. In (Section 9 the named misdemeanors are striclven out and the words "in cases of misdemeanor" are in- serted. Tliere is added in Section 10 a provision that in cases fixed by law the trial judge may discharge a jury with- out the consent of the defendant. In Secton 13 the words "for libel" are inserted in the first line so as to permit the truth thereof to be given in evidence. Section 23 is changed by prohibiting the General As- sembly from granting any exclusive as well as irrevo- cable, special privileges or immunities, and providing that all franchises, privileges and immunities shall be subject to revocation, alteration and amendment. There is added to Section 27 a provision requiring the General Assembly to define small arms, and to regu- late the bearing of the same. The word "right," as applied to sutfrage, is stricken out, and the word ''privilege" inserted. Section 35 is stricken out as having no place in a Dec- laration of Rights. Section 38 is clianged to Section 37, and also by strik- ing out the prohibition against an educational or prop- erty qualification for suffrage. Section 38 is a new section, prohibiting the exercise by one department of the government of any of the functions <»f either of the other departments thereof. Section 29 is retained as in the present Constitution, with the addition of a Declaration that the Rights re- tained by the people are excepted out of the general powers of government, and shall forever remain inviol- ate. / Upon some of the sections of the Declaration of Rights reported herewith the members of the committee are not unanimous, and the dissenting members will either sub- mit minority reports or reserve liberty of action when the article reported is taken up for consideration by the Convention. Tennent Lomax, Chairman. 862 • Journal of Alabama AN ORDINAI^CE Adopting a Preamble and Declaration of Rights for the Constitution of the State of Alabama. Be it ordained b}' the people of the State of Alabama, in Convention assembled, that the following shall be the Preamble and Declaration of Rights of the Constitution of this State : PREAMBLE. We, the people of the State of Alabama, in Convention assembled, in order to establish justice, ensure domestic tranquility and secure the blessings of liberty to our- selves and our posterity, invoking the favor and guid- ance of Almighty Grod, do ordain and establish the fol- foling Constitution and form of (Tovernment for the State of Alabama : ARTICLE I. DECLARATION OF RIGHTS. That the great, general and essential principles of liberty and free government may be recognized and es- tablished, we declare: 1. That all men are equally free and independent; that they are endowed by'their Creator with eertain in- alienable rights; that among these are life, liberty and the pursuit of happiness. 2. That all persons resident in this State, born in the United States, are naturalized, or who shall have legally declared their intention to become citizens of the United States are hereby declared Citizens of the State of Ala- l)ama, possessing equal civil and political rights. 3. That all political i>ower is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit; and that therefore, they liave at all times an inalienable and. indefeasible right to change their form of government in such manner as they mav deem expedient. Constitutional Convention. 368 4. That no religion sliall be established by law; that no preference shall be given b}' law to any religious sect, society, denomination or mode of worship; that no one shall be compelled by law to attend any place of worship ; nor pay any tithes, taxes or other rate for the building or repairing any place of worship, or for main- taining any minister or ministry; that no religious test shall be required as a qualification to any office of pub- lic trust, under this State; 'and that the civil rights, privileges and capacities of any citizen shall not be in any manner affected by his religious principles. 5. No law shall ever be passed to curtail or restrain the liberty of speech or of the press ; and any person may speak, write and publish his sentiments on all subjects, being responsible for the abuse of that liberty. 6. That the people shall be secure in their persons, houses, papers and possessions from unreasonable seiz- ure or searches, and that no warrants shall issue to search any place or to seize any person or thing without probable cause, supported by oath or affirmation. 7. That in all criminal prosecutions, the accused has a right to be heard by himself and counsel or either ; to demand the nature and cause of the accusation ; to have a copy thereof; to be cronfronted by the witnesses against him ; to have compulsory process for obtaining ■witnesses in his favor ; to testify in all cases, in his own behalf, if he elects so to do ; and, in all prosecutions by indictment, a speedy, public trial, by an impartial jury of the county or district in which the offense was com- mitted ; and that he shall not be compelled to give evi- dence against himself, nor be deprived of life, liberty or property but by due process of law ; but the General Assembly ma}', by a general law, provide for a change of venue for the defendant in all prosecutions by indict- inent, and that such change of venue on application of the defendant, may be heard and determined without the pei"sonal presence of the defendant so applying there- for. 8. That no person shall be accused or arrested, or detained except in cases ascertained by law, and accord- ing to the form which the same has prescribed ; and no 364 Journal of Alabama XJerson shall be punished but by virtue of a law estab- lished aud promulgated prior to the olfense and legally applied. 9. That no person shall, for any indictable offense, be proceeded against criminally, by information, except in cases arising in the militia and volunteer forces when in actual service or by leave of the court, for misfeas- ance, misdemeanor, extortion and oppression in office otherwise than is provided in this Constitution ; provided that in cases of misdemeanor, the General Assembly may, by law, dispense with a (Jrand Jury, and author- ize such prosecutions and proceedings before Justices of the Peace or such other inferior courts as may be by law established. 10. That no person shall, for the same offense, be twice put in jeopardy of life or limb; but courts may, for reasons fixed by law, discharge juries from the con- sideration of any case, and no person shall gain any ad- vantage by reason of such discharge of the jury. 11. That no person shall l)e barred from prosecuting or defending before any tribunal in this State, by him- self or counsel, any civil cause to which he is a party. 12. That tlie right of trial by jury shall remain in- violate. 13. That in all prosecutions for libel or for the publi- cation of papers investigating the official conduct of. officers of men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence; and that in all indict- ments for libel, the jury shall have the right to deter- mine the law and the facts under the direction of the court. 11. That all courts shall be open ; and that every per- son, for any injury done him, in his lands, goods, person or reputation, shall have a remedy by due process of law ; and right and justice shall be administered without sale, denial or delay. 15. That the State of Alabama shall never be made a defendant in any court of law or equity. 16. That excessive fines shall not be imposed nor cruel or unusual punishments inflicted. Constitutional Convention. 365 17. That all persons shall, before conviction, be bailable b}- sufficient sureties, except for capital offenses, when the proof is evident or the presumption j>reat ; and that excessive bail shall not in any case be required. 18. That the privilege of the writ of Jtahcas rorput^ shall not be suspended by the authorities of this State. 19. That the treason against the State shall consist only in levying war against it, or aflhering to its ene- mies, giving them aid and comfort; and that no i»erson shall be convicted of treason except on the testimon^y of two witnesses to the same overt act, or his confession in open court. 20. That no person shall be attainted of treason by the General Assembly; and that no conviction shall work corruption of blood or forfeiture of estate, 21. That no person shall be imprisoned for debt. 22. That no power of suspending laws shall be exer- cised except by the General Assembl}'. 23. That no ex post facto law, or any law, impairing the obligation of contracts, or making any irrevocable or exclusive grants of special privileges or immunities, shall be passed by the General Assembly; and every grant of a franchise, privilege or immunity, shall for- ever remain subject to revocation, alteration or amend- ment. 21. That the exercise of the right of eminent domain shall never be aln-iged nor so construed as to prevent the General Assembly from taking the property and fran- chises of incorporated companies and subjecting them to public use the same as individuals. But private prop- erty shall not be taken or applied for public use, unless just compensation be first made therefor; nor shall pri- vate property be taken for private use or for the use of corporations, other than municipal, without the consent of the owner; provided, however, that the General As- sembly may, by law, secure the persons or corporations the right of way over the lands of other persons or cor- porations, and hy general laws provide for and regulate the exercise l)y i^erson and corporation of the rights herein reserved; but just compensation shall, in all cases, be first made to the owner; and, provided that the 366 Journal of Alabama rght of eminent domain shall not be so constinied as to allow taxation or forced subscription for the benefit of railroads or an^^ other kind of corporation, other than municipal, or for the benefit of any individual or as^ sociation. 25. That all navigable waters shall remain forever public highways, free to the citizens of the State, and of the United States, without tax, impost or toll; and that no tax, toll, impost or wharfage shall be demanded or received for the owner of any merchandise or com- modity for the use of the shores, or any wharf erected on the shores, or in or over the waters of any navigable stream, unless the same be expressly authorized by law. 26. That the citizens have a right in a peaceable man- ner to assemble together for the common good, and to apply to those invested with the power of government for redress of grievances or other purposes, by petition, address or remonstrance. 27. That every citizen has a right to bear arms in de- fense of himself and the State; and it shall be the duty of the General Assembly to define by law small arms, and regulate the bearing of the same. 28. That no standing army shall be kept up without the consent of the General Assembly, and in that case, no appropriation for its support shall be made for a longer term than one year; and the military shall, in all cases and at all times, be in strict subordination to the civil power. 29. That no soldier shall, in time of peace, be quar- tered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law. 30. That no title or nobilty or hereditary distinction, privilege or emolument, shall ever be granted or con- ferred in this State ; and that no office shall be created, the appointment to which shall be for a longer time than during good behavior. 31. That immigration shall be encouraged; emigra- tion shall not be prohibited, and that no citizen shall be exiled. Constitutional Convention. 367 32. That temporan' absence from tlie State shall uot cause a forfeiture of residence ouce obtained. 33. That no form of slavery shall exist in this State ; and there shall not be any involuntary servitude, other- wise than for the punishment of crime, of which the party shall have been duly convicted. 34. The privilege of suffrage shall be protected by laws regulating elections, and prohibiting, under ade- quate penalties, all undue influences from power, brib- ery, tumult or other improi^er conduct. 35. Foreigners who are, or who may hereafter become bona fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment and inheri- tance of propert}^, as native born citizens. 36. That the sole object and only legitimate end of government is to protect the citizens in the enjoyment of life, liberty and property, and when the government assumes other functions, it is usurpation and oppres- sion. 37. That no restrain upon the privilege of suffrage on account of race, color or previous condition of servi- tude, shall be made by law. 38. In the government of this State, except in the instances in this Constitution hereinafter expressly di- rected or permitted, the Legislative Department shall never exercise the Executive or Judicial powers, or either of them ; the Executive shall never exercise the Legislative and Judicial powers, or either of them; the Judicial shall never exercise the Legislative and Exe- cutive powers, or either of them ; to the end that it may be a government of laws and not of men. 39. That this enumeration of certain rights shall not impair or deny others retained by the people; and, to guard against any encroachments on the rights herein retained, we declare that everything in this Declaration of Kights is excepted out of the general powers of gov- ernment, and shall forever remain inviolate. minority report. The undersigned members of the Committee on Pre- amble and Declaration of Rights, do not conciir in the- 368 Journal of Alabama foregoing report of the committee so far as it relates to Section 12, Article I, for the following reasons: In every relation of life in Alabama, where the re- sult is dependent upon the opinions and decisions of a number of persons, the principle of majority rule gov- erns, Avith the single exception of a verdict of a jury. Why should a unanimous verdict on a question of fact be required and enforced from a jury? A majority of one vote in this Convention either puts a proposition in the organic law or rejects it. A majority of one vote in each House of the General Assembly creates, repeals or modifies a positive law, regardless of the magnitude of the interests involved; a majority of the Senate of United States ratifies or refuses to consent to a treaty with a foreign power. A nmjority of a single vote in a half a million in a pivotal State may elect a President of the United States, change the policy of the govern- ment, and bring prosperity or ruin to seventy millions of people. And yet the majority of the cimmittee deny that it would be sensible to appl}^ this principle to a verdict of a jury in a civil suit at law. When a judg- ment is entered on a unanimous verdict, if an appeal is taken to the Supreme Court of the State, it can be then finally adjudicated by a bare majority of the Justices. So in the Supreme Court of the United States, five of the Justices against four held the income tax unconsti- tutional ; and- in the same court five of the Justices held that Porto Rico was not under the Constitution, and four that it was. Again in all ministerial and execu- tive bodies the majority rules, and the will of the mi- nority must give way to that of the majority when law- fully expressed. For these reasons we think that the provision authorizing three-fourths of a jury to render a verdict iii a civil case should become a part of our Constitution, as it is of several other important States of the Union. We therefore recommend as a substitute for Section 12, Article 1, as reported by the committee, the follow- ins: Constitutional Convention. 369 Article I, Section 12. Tlie riglit of trial by jury, as heretofore enjoyed, shall remain inviolate; but in civil actions three-fourths of the jury may render a verdict. Respectfully subnj,itted, Samuel Blackwell, E. P. Wilson, T. J. Corn WELL, The undersio;ned member of the Committee on Pre- amble and Declaration of IJights concurs in the majority of said report, save as to portions of Section 7, and he offers as an amendment to portions of Section 7 the fol- lowing : And in all prosecutions by indictment the place in the county or district in which the crime was committed, shall be stated with reasonable certainty as to enable the defendant to know the particular place where the criminal act is alleged to have been committed. Respectfully submitted, J. H. Barefield. RESOLUTIONS. The following resolutions were offered, severally read one time at length, and referred to appropriate com- mittees, as follows : Resolution 172, by Mr. Kirk : Whereas, The power to regulate the right of Suffrage should be left exclusively to the several States in the Union; and. Whereas, The people of Alabama find it necessary to the preservation of good government and honest elec- tions to restrict the right of suffrage where granted to alien and inferior races; and desiring to avoid any seeming conflict between the organic law of the State of Alabama and the Federal Constitution ; now, therefore Be it resolved. That the President of this Convention ■appoint a committee of five, of which he shall be the •chtiirman, to prepare suitalde memorials to the Con- .gress of the United States looking to an amendment of 2.4 370 Journal of Alabama tliti Federal Constitution whereby the Fifteenth Amend- ment of said Constitution may be stricken therefrom. The resolution was referred to the Committee on. Relies. Resolution 173, by Mr. Harrison: Resolyed, That the Committee on Rules be and are hereby instructed to fix the time in which all ordinances reported by committees shall be considered by this Con- yention, and at the expiration of the time so fixed the preyious question shall be considered as ordered, and the Conyention shall proceed to vote upon the ordinance reported. Resolyed further, That half of the time fixed by the Committee on Rules for the Consideration of any ordi- nance shall be allowed to the committee reporting the same, and the other half to those proposing- amend- ments and opposing the ordinance. The resolution was referred to the Committee on Rules. Resolution 174, by Mr. Cobb : Resolyed, That Rule 17 of this Conyention be amended by striking out the word '"thirty" in the ninth line and. inserting the word ''ten" so as to limit tlie right to close the debate after the call for the preyious question has been sustained to ten minutes. The resolution was referred to the Committee on Rules. Resolution 175 by ^Ir. Cobb: Resolyed, That requests for leaye of absence shall be- made to the Speaker, who is empowered to grant th.e same without taking up the time of the Conyention. The resolution Ayas referred to the Committee on Rules. Resolution 17(5, by ^Ir. Vaughn: Resolyed, That the report of the Committee ou Pre- amble and Declaration of Right shall be taken u]) and disposed of immediately after the report of the Com- mittee on Taxation is disposed of. ' ]Mr. Vaughan moyed that the rules be suspended and- that the resolution be adopted. Constitutional Convention. 371 Tlie motion to suspend the rules prevailed, and the resolution was adopted. ordinances on first reading. The following ordinances were introduced by unani- mous consent, severally read one time at length, and re- ferred to appropriate committees, as follows : Ordinance 392, by Mr. Reese : An ordinance to be entitled Section — , of Article IV. The ordinance was referred to the Committee on Legislative Department. Ordinance 393, by Mr. Beddow : To create a State Board of Arbitration. The ordinance was referred to the Committee on Executive Department. Ordinance 394, by Mr. O'Neal, of Lauderdale : To amend the first proviso of Section 24 of Article 1 of che Constitution. The ordinance was referred to the Committee on Preamble and Declaration of IJights. recommittal of ordinances. Mr. Parker, of Cullman, chairman of the Committee on State and County Boundaries, returned to the Con- vention ordinance No. 390, ''Authorizing and making it the duty of the Commissioners' Court of St. Clair County to erect a suitable court house and jail at some place irt said county on the south side of Backbone Mountain,, where all the courts are to be held for the trial of all cases, and the transaction of all legal business originat- ing and pertaining to the people residing in beats 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20 and 21 of said county,'^ and requested that the same be referred to the Com- mittee on Amending the Constitution and Miscellaneous Provisions. The ordinance was referred to the Committee on Amending the Constitution and Miscellaneous Provis- ions. 372 Journal of Alabama unfinished business. The Convention proceeded to the consideration of the unfinislied T)nsiness of yesterday, which Ayas the report of the Committee on Executiye Department. The question was upon the amendment offered by Mr. Coleman, of Greene, to amend the resolution by strik- ing- out the followino- ^yords at the end of the resolution : ^'If it can be done without an increase of taxation,'' and substituting therefor the following words: "If in the discretion of the Legislature it is for the best interest of the State of Alabama," to the resolution 151, reported fayorabh^ by the committee. Mr. Coleman, of Greene, asked unanimous consent to be allowed to correct said amendment, as follows : To amend the resolution by striking out the following words: '^Provided the same can be done without an in- crease of taxation in this State," and substitute therefor the words : "If in the discretion of the General Assembly it is for the best interest of the State of Alabama." Unanimous consent was giyen, and the amendment was corrected accordingly. The question was upon the adoption of the amend- ment. The amendment was lost: Yeas, 56; nays, 80. YEAS. Messrs. Ashcraft, Cornwell, Barefield, Dayis (DeKalb), Bartlett, Davis (Etowah), Beavers, Fletcher, Blackwell, Foshee, Browne, Freeman, Bulger, Glover, Byars, Grayson, Cardon, Greer (Perry), Carnathon, Handley, Case, Harrison, Chapman, Henderson, Coleman (Greene), Hodges, Constitutional Convention. 373 Jackson, Jenkins, Kirk, Long (Butler), Long (Walker), Miller (Marengo), Moody, Mnlkey, Murphree, NeSmitli, Opp, O'Rear, Palmer, Parker (Elmore), Pearce, Pettus, Phillips, Porter, Keynolds (Chilton),. Reynolds (Henry), Rogers (Sumter), Sentell, Sloan, Smith, Mac. A., Sorrell, Spragins, Stewart, Studdard, Vaughan, Williams (Barbour) — 56. Messrs. President, Aim on, , Banks, Beddow, Bethune, Boone, Brooks, Burnett, Burns, Carmichael (Coffee), Cobb, Cofer, Craig, Curningham, Dent, deGraffenried, Duke, Eley, Espy, Fitts, Foster, Graham (Montgomery), Graham (Talladega), Grant, nays Greer (Calhoun), Heflin (Chambers), Hinson, Hood, Howell, Howze, Inge, Jones (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), Knight, Kyle, Ledbetter, Leigh, Lock] in, Lomax, Lowe (Jefferson), Lowe (Lawrence), Mticdonald, McMillan (Baldwin),, :\rcMillan (Wilcox), Ma lone. 374 Journal of Alabama Martin, Sanford, Maxwell, Selheimer, Miller (Wilcox), Smith (Mobile), Morrisette, Smith, Morgan M., Norman, Ta3^1oe, Norwood, Thompson, Oates, Waddell, O'Neal (Lauderdale), Walker, O'Neill (Jefferson), Watts, Parker (Cullman), Weakley, Pitts, ^Vhite, Proctor, Whiteside, Eeese, Willett, Robinson, Williams (Marengo), Rogers (Lowndes), Wilson (Clarke), Samford, AAllson (Washington) — 80. Sanders, The resolution 151 : Resolved by the people of Alal)ama, in Convention as- sembled, That it is the sense of this Convention that the General Assembly of Alabanm should, at its first meeting after ;he ratification of the Constitution, fix the salary of the Crovernor of Alabama at five thousand dollars per annum; provided the same can be done without an increase of taxation in the State, was adopted. The Convention proceeded to the consideration of Sec- tion 4 of the ordinance, ''To create and define the Exe- ■cutive Department," which was reported by the Com- mittee on Executive Department on yesterday as fol- lows : Strike out Section 4 as it now stands, and insert in lieu thereof the following Avords : Sec. 4. The returns of every election for Governor, Lieutenant Cxovernor, Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Education, and Commissioner of Agriculture and Indus- tries, shall be sealed up and transmitted bv the return- ins: officers to the seat of government, directed to the Constitutional Convention. 375 Speaker of the House of Representatives who shall, during the first week of the session to which said re- turns shall be made, open and publish them in the pres- ence of both Houses of the General Assembly, in joint edbetter, Leigh, Lroclvlin, Lomax, Lowe (Jefferson), Lowe (Lawrence), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, Miller (Wilcox), Moody, Morrisette, Mulkey, Murphree, NeSmith, Norman, Oates, O'Neal ( Lauderdale) , O'Neill (Jefferson), Opp, Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Pitts, Porter, Reynolds (Chilton), Reynolds (Henry), Robinson, Rogers (I^wndes), Rogers (Sumter), Samford, Sanders, Sanford, Searcy, Selheimer, Sentell, Sloan, Smith (Mobile), Smith, Mac. A., Smith, Morgan M., Sollie, Sorrel 1, Spears, Spragins, Studdard, Tavloe, Walker, Walker, Watts, Weakley, Weatherlv, White, Whiteside, Willett, Williams (Barbour), Williams (Marengo), Williams (Elmore), Wilson (Clarke), Wilson (Washington) — 121 LEAVE OF ABSENCE Was granted to Messrs. Coleman, of Greene, for to- day and Monday; Eley for Monday, Tuesday and Wednesday; Fletcher for to-day and Monday; Renfroe Constitutional Convention. 379 for to-day and Monday; Bulger for to-day; Parker, of Cullman, for to-day; Howze for to-da^ ; Long, of Wal- ker, for to-day ; O'Kear for to-day and Monday ; Weatli- erly for yesterday; Carmicliael, of Colbert, for to-day; Vauglian for to-day; Keese for to-day; Spragins for to- da}^ ; Kirkland for yesterday, to-day and Monday ; Sollie for last Wednesday, Thursday and Friday ; Proctor for to-day and Monday ; Ledbetter for June 24 and 25 ; Opp for this afternoon. JIEPOET OF COMMITTEE ON JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report : The Committee on the Journal beg leave to report that they have examined the Journal for the twenty- sixth day of the Convention, and that the same is cor- rect. Respectfully submitted, John F. Proctor, Chairman. The report of the committee was concurred in. Resolution 146 : Mr. Smith, of iNIobile, acting chairnmn of the Com- mittee on Rules, called up resolution 140, reported fav- orably by the Committee on Rules, by way of a substi- tute : Substitute for resolution 146 : Resolved, That after the passage of this resolution this Convention shall meet regularl}^ each day at 10 o'clock in the morning, and shall remain in session from that time to 1 o'clock p. m., when a recess shall be taken to 3 p. m., and the Conven- tion shall remain in session until 5 p. m., when the Con- vention shall stand adjourned until 10 o'clock a. m. of the succeeding day, and moved that the same be adopted. The motion prevailed, and the resolution 146 was adopted. recommittal of ordinance. JsIt. Harrison, cbairmon of the Committee on Cor- 380 Journal of Alabama porations, returned to the Convention ordinance 352. Ordinance 352 : For the protection of local building and loan asso- ciations from excessive taxation, and requested that the ordinance 352 be referred to the Committee on Tax- ation. The ordinance was referred to the Committee on Tax- ation, RESOLUTIONS. The followijig resolutions were offered, severally read one time at length, and referred to appropriate com- mittees, as follows: Resolution 177, by Mr. Burns: Whereas, But twenty-five more working days are al- lotted by the enabling act; which, counting six hours per day (being more than double the number of hours already utilized) would give to each member less than one hour. Be it resolved, That the time occupied on this floor by each delegate be recorded, and that no delegate, who is not chairman of some committee or to whim the time of some other delegate has not been yielded, shall con- sume more than his pro rata share, except by leave of the Convention. The resolution was referred to the Committee on. Rules. Resolution 178, by Mr. Reynolds, of Chilton : Whereas, Thi>i Convention was called chiefly for tlie puriK)se of regulating the suffrage ; and Whereas, This Convention has previously pledged itself to be bound by the enabling act of the General As- sembly, and Whereas, One-half the time limit of said enabling act has already expired, and it would lie unwise to rush through a suft'rage plan; Be it resolved by the Convention assembled, That the Suffrage Committee be and ivs hereby instructed to make- a report not later than Monday next. OONSTITUTIOXAL CONVENTION. 381 The resolution was referred to the Committee on Suffrage and Elections. Kesolution 179, by Mr. Grrayson : Ivesolved, That the daily sessions of this Convention shall begin at 10 a. m. and adjourn at 2 p. m. The resolution was referred to the Committee on Rules. Resolution ISO, by Mr. Graham, of Talladega : Resolved, That it is the sense of this Convention that the substance of the resolution hereto attached be in- corporated in the article heretofore reported on the subject of taxation. Resolution adopted by the State Association of County Superintendents of Education, and approved by the Alabama Educational Association June 20th, 1901. Whereas, There is a crying need for better school houses in the rural districts of Alabanm, we, the County Superintendents of Education, in association assembled in Montgomery, hereby petition the Committee on Tax- ation and Education in the Constitutional Convention now assembled, to recommend that public school houses be declared public buildings in making provision in the Constitution for a special county tax for the erection of court houses, bridges and other public buildings of the county, and that such aid may be given by the county^to the building of public school houses in the county as the Commissioners' Courts or Boards of Revenue in the several counties may deem practicable. W. S. Neal. Acting President. L. V. RossER, Secretary. The resolution was referred to the Committee on Taxation. Resolution 181, by Mr. Parker, of Elmore : Resolved, That a committee be appointed by the Presi- dent of this Convention, to consist of the President, the three other delegates from the State at large, and one from each Congressional district, to prepare a memorial to the Congress of the United States on the repeal of the Fifteenth Amendment of the Federal Constitution, said 382 Journal of Alabama committee to report ad lihitcin during the session of this- Couvention. The resolution was referred to the Committee on Rules. Ivesolution 182, b}' Mr. O'Neal, of Lauderdale: Uevsolved, That the report of the Committee on Local Legislation be made the special order for consideration immediately after the conclusion of the consideration of the report of the Committee on Preamble and Decla- ration of Rights to the Constitution; that the Commit- tee on Legislative Department submits supplement re- port on same subject to be ccmsidered at same time. Mr. O'Neal moved that the rules be suspended and that the resolution be adopted. The motion prevailed, and the rules were suspended and the resolution adopted. Resolution 183, by Mr. Carnathon : Resolved by the people of Alabama, in Convention as- sembled, That hereafter no member shall speak longer than ten minutes, and more than twice on the sume sub- ject. The resolution was referred to the Committee on Rules. Resolution 181, by Mr. Cunningham : Resolved, That after Tuesday next no per diem will be allowed to delegates to this Convention who are ab- sent, except those granted leave of absence on account of sickness. The resolution was referred to the Committee on Rules. REPORT OF STANDING COMMITTEES. ]Mr. O'Neal, chairman of the Committee on Local Leg- islation, submitted the following report : REPORT OF THE C0:MMITTEE ON LOCAL LEGISLATION. Mr. President : The Committee on Local Legislation instructs me to- report herewith an ordinance to be made an article on tliat subject. Constitutional Convention. 383: The evil of local legislation has long been recognized not only ip Alabama, but in many other States of the Union. A number of recent State Constitutions have endeavored to check this tendency on the part of the Legislati^'e Department by absolute prohibition of local or special laws in certain enumerated cases. This meth- od of enumerating the subjects as to which the. Legis- lature is prohibited from passing local, special or private laws, seems to be the only feasible plan of accomi^lish- ing the result, and has received the approval of the fol- lowing States : California, Colorado, Florida, Georgia, Idaho, Illinois, Indiana,* Iowa, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Montana, Nevada, New Jersey, New York, South Carolina, North Dakota, Ore- gon, Pennsylvania, South Dakota, Texas, Washington, West Virginia, Wisconsin and Wj-oming. The reason why the other States have not sought to check this evil by similar constitutional limitations on the power of the Legislature, is no doubt due to the fact that they have not framed new Constitutions since the danger from this class of legislaticm has become so patent, and its rapid and ever increasing growth so alarming. The Constitutional Convention of 1875 endeavored by what were then regarded as stringent provisions to prevent the growth of such legislation in Alabama, but that their efforts failed is made evident by the ever increas- ing flood of local and special laws which fill volumes containing the acts of the General Assembly. In re- cent years the number of local laws enacted have out- numbered the general laws in the proportion of about twenty to one. The books containing the general laws of the last two sessions of the General Assembly are less than the size of the old blue back Webster spelling book, while the volumes containing the local laws of those sessions are nearly ten times the size. These local, special or private bills which we have sought to prohibit and regulate, destroy the harmonv of +he law, consume the time of the Legislature, and in some States have been the fertile source of jobberv. In the enumeration of subjects concerning which it is pro- 384 Journal of Alabama posed the G-eneral Assembly shall not legislate by spe- cial, private or local law, we have endeavored to include those matters which seem to have consumed most of the time of the Legislature and occupied most of the space in the published acts. The requirements that the notice of inten- tion to -introduce a special, private or local law, shall be affirmatively shown by the Journal of each House, and that the courts and not the General Assembly shall be the judges of whether the subject of any local law is pro- vided for by any general law and whether the relief sought can be granted by any court, will, in the opinion of the committee, ver^- materially aid in preventing local legislation. We have also provided for the repeal of local laws now in existence upon the same notice being given and shown as is required in the passage of new ones. One of the most common methods of evading provis- ions against sjjeeial, private and local legislation con- sists in passing acts which, because they purport to amend general acts, are themselves deemed general. An- other method consists in evading such laws by the par- tial repeal of general laws, by except^'ng certain coun- ties, municipalities or corporations from their opera- tion. We have provided that the Legislature shall not in- directly enact such laws. We have sought to prevent the assumption by the State Legislature of the direct control of local affairs. The General Assembly is authorized to confer upon local courts powers of local' legislation and adminis- tration, thereby not only saving the time and expense required in the passage of local acts, but also relegat- ing these matters to the local authori.ties and forum, which can best appreciate and understand local neces- sities and demands. One of the most alarming evils which is the out- growth of local legislation and which has increased enormously in the last few years is the unlimited power of counties and municipalities to borrow money. Constitutional Convention.. 385 The last two Legislatures alone authorized an issue of many million dollars worth of bonds in this State. This we have endeavored to check or to safeguard by proper restrictions. The committee has not deemed it necessary to report specially upon the several ordinances and resolutions referred to it. All have been maturely considered, and the principles of most have been incorporated in this ordinance. These ordinances are herewith respect- fully returned. Emmett O'Neal^ Chairman. An ordinance concerning Local Legislation. Be it ordained by the people of Alabama, in Conven- ition assembled, that the following article on Local Leg- islation be inserted in fthe Constitution : ARTICLE LOCAL legislation. Section 1. — The General Assembly shall not pass a special, private or local law in any of the following -cases : First — Granting a divorce. ' Second — Relieving any minor of the disabilities of non-age. Third — Changing the name of any corporation, asso- ciation or individual. Fourth — Providing for the adoption or legitimiz- ing of any child. Fifth — Incorporating a town, city or village. Sixth — Granting a charter to any corporation, asso- ciation or individual. Seventh — Establishing rules of descent or distribu- tion. Eighth — Regulating the time within which a civil or criminal action may be begun. Ninth — Exempting any person, corporation, county, township, municipality or association from the opera- tion of any general law. 25 386 Journal of Alabama Tenth — Providiug for the sale of the property of any individual or estate. Eleventh — Changing or locating a county seat. Twelfth — Providing for a change of venue 11 any case. Thirteenth — Kegulating the rate of interest. Fourteenth — ^Granting any exclusive or special privi- lege, immunity or franchise whatever. Fifteenth — Fixing the punishment of crime or misde- meanors. Sixteenth — Providing for or regulating either the as- sessment or collection of taxes. Seventeenth — Giving effect to invalid will, deed or other instrument. Eighteenth — Legalizing the invalid act of any officer. Nineteenth — Authorizing any township, city, town or village to issue bonds or other securities. Twentieth — Amending, confirming or extending the cliarter of any corporation or remitting the forfeitu-re- thereof. Tvrenty-first — Creating, extending or impairing any lien. Twenty-second — Chartering or licensing any ferry, road or bridge. Twenty-third — Regulating the jurisdiction and fe^s of Justices of the Peace, or the fees of Constable. Twenty-fourth — Establishing separate school dis- tricts. Twenty-fifth — Establishing separate stock districts. Twenty-sixth — ^Creating, increasing or decreasing fees, percentage or allowance of public officers. No special, private or local law, except a law fixing the time of holding courts, shall be enacted in any case, which is provided for by a general law, or when the re- lief sought can be given by anv court of this State, and the courts and not the General Assembly shall judge as to ^iiether the matter of said law is provided for by a general law, and as to whether the relief sought can be given by any court ; nor shall the General Assemldy in- Constitutional Convention. 387 directlv enact an}- such special, private or local law by the partial repeal of a general law. The General Assembly shall pass general laws for the cases enumerated in this Section. Sec. 2. — No special, private or local law shall be passed on any subject not enumerated in Section 1 of this article, except in reference to fixing the time of hold- ing courts, unless notice of the intention to apply there- for shall have been published, without cost to the State, in the county or counties where the matter or thing to be affected may be situated, which notice shall state the substance of the proposed law, and be published at least once a week for four consecutive weeks in some news- paper, or if there is no newspaper published in the county, by posting the said notice for four consecutive weeks at five different public places in the county or counties, prior to the introduction of the bill; and the evidence that said notice has been given shall be ex- hibited to each House of the General xVssemblv, and the fact of said notice spread upon the Journal. The courts shall pronounce void every local law which the Journals do not affirmatively show was passed in accordance with the provisions of this section. Sec. 3. — The General Assembly may repeal any spe- cial, private or local law upon notice being given and shown, as provided in the last preceding section. Sec. 4. — The operation of no general law shall be sus- pended for the benefit of any individual, corporation,, association, town, city, county or township, nor shall any individual, corporation, association, town, city,, county or township be exempted from the operation of any general law. Sec. 5. — The General Assembly may by general law confer upon Courts of County Commissioners, Boards of Revenue or other courts, such power of local legisla- tion and administration touching all matters and things not provided for by general law, and not inconsitent with the provisions of this Constitution, as the General assembly may from time to time deem expedient. Sec. 6. — A general law, within the meaning of this 388 Journal of Alabama article, is a law which applies to the whole State; a local law is a law which applies to anv political subdivision or subdivisions of the State less than the whole — a spe- cial or private law, within the meaning of this article, is a law which applies to an individual, association or corporation. The report of the committee was read at length and placed on the calendar, and 300 copies of the same was ordered printed. SPECL\L ORDER. The report of the Committee on Local Legislation was made a special order for consideration immediately after the disposition of the report of the Committee on Pre- amble and Declaration of Rights. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was the report of the Com- mittee on Executive Department relative to Section 4 of the ordinance "To create and define the Executive Department," reported by said committee. The question was upon the motion of Mr. Rogers, of Sumter, to substitute ordinance 372 : The returns of every election for Governor, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Education, and Commissioner of Agriculture and Indus- tries, shall be sealed up and transmitted by the return- ing officers to the seat of government, directed to the Speaker of the House of Representatives who shall, during the first week of the session to which said re- turns shall be made, open and publish them in the pres- ence of both Houses of the General Assembly, in joint convention ; but the Speaker's duty and the duty of the joint convention shall be purely ministerial. The result of the election shall be ascertained and de- Constitutional Convention. 389 dared by the Speaker from the face of the returns with- out dehiy. The person having the highest number of votes for any one of said offices shall be declared duly elected, but if two or more persons shall have an equal and the highest number of votes for the same office, the General Assembly, by joint vote, without delay, shall choose one of said persons for said office. Contested elections for Grovernor, Lieutenant Gover- nor, Secretary of State, Auditor, Treasurer, Attorney General, Superintendent of Education, and Commis- sioner of Agriculture and Industries shall be determined by both Houses of the General Assembly in such man- ner as may be prescribed by law. Which was under an adverse report from the com- mittee, for the Section 4 reported by the Committee on Executive Department. The substitute was adopted. Yeas, 64; nays, 44. Messrs. Ashcraft, Banks, Barefield, Blackwell, Boone, Brooks, Burns, Carnathon, Case, Chapman, Cobb, Cornwell, Cunningham, Davis (DeKalb), Eley, Espy, Grayson, Greer (Perry), Haley, Heflin (Chambers), Henderson, , YEAS. Maxwell, Merrill, Miller (Wilcox), Moody, Morrisette, Murphree, NeSmith, Norman, Gates, O'Neill (Jefferson),, Opp, Parker (Elmore), Pearce, Pillans, Pitts, Reynolds (Henry), Robinson, Rogers ( Lowndes )y Rogers ( Sumter )v Searcv, SentelL 390 Journal of Alarama Hood, Jenkins, Jones (Hale), Jones (Wilcox), Kirk, Ledbetter, Leigh, Locklin, Lowe (Lawrence), McMillan (Wilcox), Martin, Smith, Mac. A., Sollie, Sorrell, Thompson, AValker, Weatherly. Whiteside, Willett, Williams (Elmore), Wilson (Clarke), Wilson (Washington) — 64. JsAYS. Messrs. Bartlett, Beddow, Cardon, Cofer, Dent, Eyster, Ferguson, Fitts, Foster, Freeman, Oilmore, Graham (Talladega). Handley, Harrison, Hinson, Hodges, Howell, Jackson. Jones (Montgomery) Knight, Lomax, Macdonald, Byars, McMillan (Baldwin), Malone, Mnlkey, O'Neal (Lauderdale), Pettus, Phillips, Porter, Reynolds (Chilton), Samford, Sanders, Sanford, Belheimer, Sloan, Smith, Morgan INF., Spears, Tayloe, Watts, Weakley, Whiteside, Williams (Barbour), Williams (Marengo) — 44. ANNOUNCEMENT OF PAIRS. The following pairs on the above question were an- nounced : • Constitutional Convention. 391 Messrs. Coleman, of Greene, and Duke ; Messrs. Long, of Walker, and Kyle. Mr. Coleman, of Greene, would Yote aye, and Mr. Duke nay. Mr. Long, of Walker, would vote aye, and Mr. Kyle nay. section four. Section 4 of the ordinance "To create and define the Executive De2>artment," as amended, was adopted. unfinished business. The Convention proceeded to the consideration of the unfinished business, which was the ordinance "To create and define the Executive Department." The ■question was upon the adoption of Section 23. Sec. 23. The Secretary of State shall be the custo- dian of the Seal of State, and shall authenticate there- with all official acts of the Governor; his approval of laws, resolutions, appointments to office, and adminis- trative orders excepted. He shall keep a register of the official acts of the Governor, and when necessary shall attest them, and lay copies of same, together with copies of all papers relative thereto, before either House of the Genei'al Assemljly wiien required to do so, and shall prform such otlier duties as may be prescribed by law. Was read at length. Mr. Eyster offered tlie following amendment to Sec- tion 23, which was read at length : Add the word "Great" ahead of the word "Seal," in the first line. The amendment was, on motion of Mr. Samford, laid upon the table. Mr. Samford moved to adopt Section 23, as above set out, and the motion prevailed. section twenty-four. Sec. 24. All grants and commissions shall be issued in the name and hv the autlioritv of the State of Ala- 392 * Journal ob^ Alabama "bama, sealed with the Great Seal and signed by the- Governor and countersigned by the Secretary of State. Was read at length, and on motion of Mr. Jones, of Montgomery, Section 24, as above set out, was adopted. SECTION TWENTY-FIVE. Sec. 25. Should the oflQce of Secretary of State, State Auditor, State Treasurer, Attorney General, Superin- tendent of Education, or Commissioner of Agriculture and Industries become vacant, for any cause, the Gover- nor shall fill such vacancy until the disability is removed or a successor elected and qualified. In any case of said officers shall become of unsound mind, such un- soundness shall be ascertained by the Supreme Court upon the suggestion of the Governor. Was read at length, and on motion of Mr. Jones, of Montgomery, Section 25, as above set out, was adopted. SECTION TWENTY-SIX. Sec. 26. The Governor, Lieutenant Governor and At- tornej' General are constituted a Board of Conciliation for the adjustment of differences between employer and employee engaged in mining, manufacturing, transpor- tation, or other lawful industries, to which Board may be added in each case coming l)efore it, two citizens of this or of some other State of the Union, to be appointed by the Governor. The Board may propose arbitration before it of an^- such dispute, whenever it deems proper ; and in its discretion may hear such disputes when re- quested by either or both parties thereto. In all cases^ coming before it, the Board shall pass on the merits and recommend in writing what ought to he done to adjust the dispute or difference. Its judgment or award shall be advisory merely, unless both parties agree in writing in advance to perform the award, when it may be en- forced by appropriate proceedings in the courts, under such rules and regulations as may be prescribed by law. The Board shall have power to compel the production of Constitutional Convention. 393; papers and the attendance of witnesses in matters ger- mane to tlie dispute or difference, under sucli rules and regulations as may be provided by law. Was read at length. Mr. Beddow offered the following substitute for Sec- tion 26 : Amend by striking out Section 26 and insert the fol- lowing in lieu thereof: Sec. 26. A Board of Arbitration is hereby created, of which the Commissioner of Agriculture and Indus- tries shall be ex officio secretary, and said Board shall be composed of five members, two of whom shall be ap- pointed by the employer, two by the employees, and one by the four members hereinbefore provided for. When any dispute shall arise between employer and employee in this State each party to such dispute shall notify the secretary of the Board of Arbitration of their intention to submit each dispute to arbitration and each party to such dispute shall certify to said secretary the names of the two persons selected by such party to act as arbitrators. The secretary of the Arbitration Board shall forthwith call and com- mission the arbitrators so named to meet at the Capitol, who shall proceed to organize by electing a disinterested person to act as such fifth member of said Board. The Board so organized shall take cognizance of such dis- putes only as are voluntarily submitted to it for adjudi- cation ; but the Secretary shall have power to enforce in the court all of its awards. The Legislature shall, at its first session after the adoption of this Constitution, enact laws for the enforcement of the awards of the Board herein created, and provides compensation for the members thereof. RECESS. Pending the further consideration of the report of the committee, the hour of 1 o'clock p. m. arrived, and under the rules the Convention recessed until 3 o'clock: this afternoon. 394 Journal of Alarama AFTERNOON SESSION. The Convention met pursuant to adjournment. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : Messrs. President, Ashcraft, Banks, Barefleld, Bartlett, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Burns, Byars, Cardon, Carnathon, Case, Chapman, Cobb, Cofer, C'lnningham, Davis (DeKalb), Dent, deGraffenried, Duke, Eley, Eyster, Espy, Fergusc n, Fitts, Foster, F'^eeman, Graham (Montgomery) Graham (Talladega), Grant, Grayson, Greer (Perry), Haley, Handley, Heflin (Chambers), Henderson, Hodges, Hood, Howell, Jackson, Jenkins, Jones (Hale), Jones (Montgomery), Jnnes (Wilcox), Kirk, Knight, Kyle, Ledbetter, Leigh, Locklin, Lomax, Lowe (Lawrence), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, >rnrtin. Maxw.-ll. Constitutional Convention. 395 Merrill, Sam ford, Miller (Wilcox), Sanders, Moody, Sanford, Morrisette, Searcy, Mulkey, Selheimer, Murpliree, Smith (Mobile), NeSmitli, Smith, Mac. A., Norman, Smith, Morgan M., Norwood, SoUie, Gates, Thompson, O'Neal (Lauderdale), Walker, Pearce, Watts, Pettus, Weatherly, Pillans, White, Pitts, Whiteside, Porter, Willett, Robinson, Williams ( Barbour ) , Rogers (Lowndes), Wilson (Clarke), Rogers (Sumter), Wilson (Washington) — 101 LEAVE OF ABSENCE. Was granted to Messrs. Banks for the 13tli June and lo-day; O'Neal, of Lauderdale, for Monday; Cornwell for this afternoon. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the anfinished business, which was the substitute offered by ]\rr. Beddow for Section 26 of the ordinance "To create and define the Executive Department." Mr. deGraffenried moved to table the substitute of- fered by Mr. Beddow. The motion prevailed, and the substitute w^as laid upon the table. Mr. Jones, of Montgomery, moved that Section 26, The Governor, Lieutenant Governor and Attorney General are constituted a Board of Conciliation, for the adjustment of differences between employer and em- «mployee engaged in mining, manufacturing, transpor,- 396 Journal of Alarama tation or other lawful industries, to which Board may be added in each case coming before it, two citizens of this or some other State of the Union, to be appointed by the Governor. The Board may propose arbitration before it of any snch dispute, whenever it deems proper; and in its discretion may hear such disputes when requested by either or both parties thereto. In all eases coming before it, the Board shall pass on the merits and recom- mend in writing- 'what ought to be done to adjust the dispute or difference. Its judgment or award shall be advisory merely, unless both parties agree in writing in advance to perform the award, when it may be enforced by appropriate proceedings in the courts, under such rules and regulations as may be prosecribed by law. The Board shall have power to compel the production of papers and the attendance of witnesses in matters ger- mane to the dispute or difference, under such rules and regulations as ma}^ be provided by law, be laid upon the table. The motion prevailed, and Section 26 was laid upon the table. SECTION TWENTY-SEVEN. Sec. 27. The Governor, Auditor and Treasurer, or the Governor and either the Auditor or Treasurer, when there are funds in the Treasury not immediately needed, may loan out the same on call, for such time and at such rate of interest as they may deem advisable, taking as collateral, bonds of the United States, or of this State, to the full value of the amount loaned, and the interest agreed to be paid therefor; such loans shall not be- made until after one week's public notice, through some paper published at the Capital, and a record of such loans shall be kept in the office of the Auditor, and re- ported by the Governor to the General Assembly at its next meeting, was read at length. The following minority report was submitted by Mr. Vaughan, from the Committee on Executive Depart- ment: Constitutional Convention. 397 And he further recommends that Section 27 (which relates to the loaning of money in the State Treasury), as rejDorted by said committee, be stricken out and do not pass, Mr, Handley offered the follo^ying* substitute for Sec- tion 27 and the minority report: , 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 allowed by the Constitution, in such proportion that such surplus bears to the ordinary expenses of the State government hon- estly administered. Mr. Jones, of Montgomery, moved to table the Sec- tion 27, and the iDending substitute. The motion prevailed, and Section 27 and the substi- tute was laid upon the table, section twenty-eight. Sec. 28. The State Treasurer, State Auditor, Attor- ney General and the Commissioner of Agriculture and Industries shall perform such duties as may be pre- scribed by law. The State Treasurer and State Auditor «hall every year at a time the General Assembly may fix, make a full and complete report to the Governor, showing the receipts and disbursements of revenues of •every charaeter, and all claims audited and paid out by items, and all taxes and revenues collected and paid into the Treasury, and from what sources, and they shall make reports oftener upon any matters pertaining to their office if required by the Governor or General As- sembly, was read at length. Mr. Murphree offered the following amendment, which was read at length : Amend Section 28 to insert after the word Auditor, in first line, the words "Secretary of State." The amendment was adopted. 398 Journal of Alabama :Mr. Jones, of Montgomery, moved that Section 28^ as amended, be adopted. The motion prevailed, and Section 28 was adopted. SECTION TWENTY-NINE. ' Sec. 29. The State Auditor, State Treasurer, Attor- ney General, Secretary of State and Commissioner of Agriculture and Industries shall not receive to their use, any fees, costs, perquisites of office, or other com- pensation than their salaries as prescribed by law, and all fees that may be payable for any services performed, through such officers shall be at once paid into the State Treasury, was read at length, and on motion of Mr. Jones, of Montgomery, the Section 29 was adopted. SECTION THIRTY. Sec. 30. A Sherill shall be elected in each county bj the qualified electors thereof, who shall hold his office for a term of four years, unless sooner removed, and shall be ineligible to such office as his own successor. Whenever any prisoner is taken from the jail or from the custody of the Sheriff or his deputies, and put to death, or suffers grievous bodily harm, owing to the neglect, connivance, cowardice or other grave fault of the Sher- iff, such Sheriff" may be impeached under Section 2 of Article VII of the Constitution; and the Governor, when satisfied, after hearing the Sheriff, that he should be impeached, may suspend him from office for such time as he may think proper, until the impeachment proceedings are finally disposed of, was read at length. Mr. Wilson, of Washington, offered the following amendment to Section 30, which was read at length : Amend Section 30 by striking from lines two and three the following words, ''and shall be ineligible to such office as his own successor.-' The amendment was lost. Mr. Samford offered the following amendment to Sec- tion 30, which w^as read at length : Constitutional Convention. 399 Amend Section 30 hj striking out tliat part of the Section after tlie period on line three. The amendment was, on motion of Mr. O'Neal, of Lauderdale, laid upon the table. Mr. Sollie moved to recommit Section 30 to the Com- mittee on Executive Department. ^Ir. Boone offered the following amendment to Sec- tion 30, which was read at length : Amend Section 30 of Article V in line seven, after the word impeached, to read "may suspend him from office until the impeachment proceedings are decided." The amendment was adopted. Mr, Murphree offered the following amendment to Section 30, which was read at length : Amend Section 30 by inserting in second line after word ''and he and his deputies shall be ineligible to such office for four years after the term of the Shed IT .'x- pires." Mr. deUraifeni'ied moved to table the amendment of- fered by Mr. Murphree. Tlie motion prevailed, and the amendment was laid on the table. Mr. Blackwell offered the following amendment to Section 30, which was read at length : To amend the report of the Committee on Executive Department as follows : Add after the line in Section 30 of Article V : That if the Sheriff should be impeached he shall not be eligible to hold any other office in this State during the time for which he had been elected to serve as Sheriff. Mv. Barefield moved to table the amendment offered by Mr. Blackwell. The motion to table was lost. The amendment offered by Mr. Blackwell was adopted, Mr. Burns offered the following amendment to Sec- tion 30, which was read at length : Amend Section 30 by striking all after the word suc- cessor in the third line. ]\[r. deGraffenried moved to table the amendment of- fered bv Mr, Burns. 400 Journal of Alabama The motion prevailed, and the amendment was laid on the table. Mr. deGraffenried offered the following amendment to Section 30, Avhich was read at length : Amend Section 30 by striking therefrom the words ^'such office as his own successor" in the third line and insert therein in lieu thereof the following: "To election or appointment to an^' office under this State for one jear after the expiration of his term." The amendment was adopted : Yeas, 44 ; nays, 39. YEAS. Messrs. President, Ashcraft, Beddow, Blackwell, Boone, Brooks, Browne, Case, Cofer, . Cunningham, deGraffenried, Espy, Foster, Freeman, Graham (Talladega), Handley, Hodges, Hood, Howell, Jones (Wilcox), Kirk, Kyle, McMillan (Baldwin) McMillan (Wilcox), Malone, Maxwell, Mulkey, XeSmith, Norman, O'Neal (Lauderdale), Pillans, Pitts, Searcy, Sloan, Tayloe, Thompson, Weakley, Weatherly, White, Whiteside, Willett, Williams (Barbour), Wilson (Washington) — 44. NAYS. Messrs. Barefield, Bartlett, Beavers, Burns, Byars, Cardon, Constitutional Convention. 401 'Carnatlion, O'Neill (Jefferson), ■Chapman, Pearce, Davis (DeKalb), Pettiis, Ej^ster, Phillips, Ferguson, Porter, Fitts, Kobinson, Graham (Montgomery), Rogers (Sumter), Grayson, Samford, Henderson, iSanders, Jenkins, Santord, Jones (Montgomery), Smith, Morgan M., Knight, Sollie, Leigh, Spears, Locklin, Walker, Martin, Williams (Marengo), Murphree, AVilsou ( Clarke ) — 39. Gates, Mr. Wilson, of Clarke, raised the point of order that no quorum had voted upon the adoption of the amend- ment. The point was not sustained. ANNOUNCEMENT OF PAIRS. The following pairs were announced on the question of the adoption of the amendment and the adoption of Section 30 : Messrs. W^atts and Jones, of Hale. Mr. Watts would vote aye, and Mr. Jones, of Hale, would vote nay. RECONSIDERATION. Mr. Wilson, of Washington, gave notice that on to- morrow (Monda^O lie would move to reconsider the vote by which Section 30 was adopted. RECONSIDERATION. Mr. Wilson, of Wasliington, gave notice that on to- morrow (Monday) he would move to reconsider the vote liy which the amendment offered by Mr. deGraffenried ivas adopted. 402 Journal of Alail\ma Mr. cleGraffenried moved that Section 30, as amended,, be adoiDted. The motion prevailed, and Section 30 was adopted. Mr. Browne offered the following amendment to the ordinance under consideration : Amend the article reported by the Committee on Exe- cutive Department by inserting the following section after Section 25 : Sec. 26. The Governor, Attorney General, Secretary of State, Auditor and Treasurer shall constitute a Board of Equalization. The duty of such Board shall be to adjust and equalize the valuation of real and personal property for taxation among the several counties of the State, and to perfoiin such other duties, pertain- ing to the equalization of taxable values of property among the counties as may be prescribed by law. Mr. Samford moved to table the amendment offered, by Mr. Browne: The motion prevailed, and the amendment was laid upon the table. ADJOURNMENT. On motion of Mr. Blackwell the Convention adjourned until Monday morning at 10 o'clock. ■ TWENTY-EIGHTH DAY. Convention Hall. Montgomery, Ala., Monday, June 24, 1901.. The Convention met pursuant to adjournment. Prayer was offered by Rev. ^Ir. Howell, of the Con- vention. roll. call. On a call of the roll of the Convention the following- delegates answered to their names, which constituted a quorum : Constitutional Convention. 403 Messrs. President, Almon, Ashcraft, Banks, Barefield, Bartlett, Beavers, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Bulger, Burnett, Burns, Bvars, Cardon, Carmichael (Con3ert), Carmichael (Coffee), Carnathon, Case, Chapman, Cobb, Cornwell, Davis (DeKalb), Davis (Etowah), Dent, deGraffenried, Duke, Eyster, Espy, Ferguson, Fitts, Foshee, Foster, Freeman, Gilmore, Glover, Graham (Montgomery), Graham (Talladega), Grant, Grayson, Greer (Calhoun), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hinson, Howell, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Hale), J ones ( Mon tgomery ) ,,. Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, i.eigh, Locklin, Lomax, Long (Butler), Lowe (Lawrence),. Macdonald, McMillan (Baldwin ) , McMillan (Wilcox), Malone, Martin, Miller (Marengo), Miller (Wilcox),. Moody, Morrisette, Mulkey, Murphree,. NeSmith, Norman, 404 Journal of Alabama Norwood, Gates, O'Neill (Jefferson), Opp, O'Eear, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Phillips, Pitts, Porter, Proctor, Keese, Reynolds (Henry), Robinson, Rogers (Sumter), Samford, Sanders, Sanford, Searcy, Sentell, Sloan, Smith (Mobile), Smith, Mac. A., Sollie, Spears, Tayloe, Thompson, Vaughan, Waddell, Walker, Watts, Weakley, Weatherly, White, Whiteside, Willett, Williams (Barbour), Williams ( Marengo ) , Wilson (Clarke). Wilson (Washinaton) -125 LEAVE OF ABSENCE AVas granted to Messrs. Cunningham for to-day ; Jones of Montgomery, for to-morrow; Loniax for to-day and to-morrow; Glover for last Saturday; Williams, of El- more, indefinitely; Studdard for to-day and to-morrow; Greer, of Perry, for to-day; Smith, M. M., for to-day and to-morrow; Sentell this evening and to-morrow. REPORT OF THE COMMITTEE ON JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in : The Committee on the Journal beg leave to report that they have examined the Journal for the twenty- seventh day of the Convention, and that the same is cor- rect. Respectfully submitted, John P. Proctor, Chairman. Constitutional Convention. 405 resolutions. The following resolution was offered. The rules were suspended and the resolution was adopted : Resolution No. 185, by Mr. Jones, of Montgomery: Resolved, That in engrossing the ordinance on Exe- cutive Department, the Secretary be instructed to change the number of the sections in the ordinance to confirm to the action of the Convention. Adopted, The following resolution was offered, read one time at length, and referred to the Committee on Rules : Resolution No. 180, by Mr. Foster: Resolved, That beginning with to-day, the afternoon sessions of this Convention shall be from 4 o'clock p. m. to 6 o'cick p. m. ORDINANCES ON FIRST READING. The following ordinances were introduced, severally read one time at length, and referred to appropriate committees, as follows: Ordinance No. 396, by Mr. John W. A. Sanford: An ordinance to prohibit the General Assembly from authorizing lotteries, gift enterprises or pool selling on sports or games of any kind or description. The ordinance was referred to the Committee on Legislative Department. Ordinance No. 397, by Mr. O'Neill, of -Jefferson : An ordinance allowing electors to express their pref- erence for United States Senators. The ordinance was referred to the Committee on Legislative Department. REPORTS OF STANDING COMMITTEES. Mr. Oates, chairman of the Committee on Legislative Department, sulunitted the following supplementary re- port to the report of the Committee on Local Legisla- tion : A rexiort from the Committee on Legislative Depart- ment. 406 Journal of Alabama Mr. President: Whereas, Local Legislative provisions have heretofore belonged to the Legislative Department of the Consti- tution; and Whereas, One of the standing committees of this Con- vention was given jurisdiction of Local Legislation, which led to some confusion in the introduction and reference of ordinances upon that subject to each of said committees, and causes the Committee on Legislative Department to fully consider and draft a section, with numerous subdivisions, to report to the Convention for adoption; and Whereas, The Committe on Local Legislation has made its report not embracing a number of matters wdiicli this committee maturely considered and desires shall be adopted; Now, in pursuance to an understanding and agree- ment with the chairman of that committee, your Com- mittee on the Legislative Department instruct me to report and recommend for adoption the following addi- tional restrictions upon the power of the Legislature to enact, local, special or private laws to come in after the words "public officers" in subdivision 26 of Section 1 of the article already reported by said committee, to- wit: Twenty-seventh — Exemption of property from tax- ation or from lev}' or sale. Twenty-eiglith — Exempting any person from jury, road or other civil duty. Twenty-nintli — Laying out, opening, altering, or working roads or highways. Thirtieth — Pi-oviding for the management or support of any connuon or private school, incorporating the same or granting sucli school any privileges. Thirty-first — Granting any land owned by or under control of the State, to any person or corporation. Thirty-second — Ilemitting fines, penalties or forfeit- ures. Thirty-third — Providing for the conduct of elections, or designating places of voting, or changing the boun- Constitutional Convention. 407 daries of wards, precincts, districts, except on tlie or- ganization of new counties. Tliirty-foiirtli — Restoring tlie right to vote to persons convicted of infamous crimes or involving moral turpi- tude. Thirty-fifth — Refunding money legally paid into the State Treasury. Your committee do not concur in Section 5 of said Article as reported by the Committee on Local Legis- lation, and recommends as a substitute therefor Section 25 of Article IV of the present Constitution. Respectfully submitted, Wm. C. Oates^ Clmiriiian. MUNICIPAL corporations. Mr. Weakle}^, chairman of the Committee on Muni- cipal Corporations, submitted the following report : report of the committee on municipal corporations. Mr. President : The Committee on Municipal Corporations instruct me to make the following report : After mature consideration of all the ordinances sub- mitted to them, they herewith report the attached arti- cle, which they recommend shall be adopted by this Convention as Article of the new Constitution, under the caption of "Municipal Corporations." All ordinance referred to this committee are herewith returned. Respectfully submitted, John B. Weakley^ Chair man. ARTICLE — municipal corporations. Section 1. All municipal corporations shall have the riglit to sue and shall be subject to l>e sued in all courts m like manner as natural persons. 408 Journal op Alarama. Sec. 2. Municipal corporations vshall be investecB witli the privilege of taking private property for public use, but shall make just compensation for property taken, injured or destroyed by the construction or en- largements of its works, highways, or improvements,^ which compensation shall be paid before such taking, injury or destruction. The General Assembly is hereby prohibited from depriving any person of an appeal from any preliminary assessment of damages against any such municipal corporation made by viewers or other- wise; and the amount of such damages in all cases of appeal shall on demand of either part}' be determined b}^ a jury according to law. Sec. 3. The General Assembl^^ shall have power to establish, alter, enlarge or diminish the boundaries of any city, town or village in this State, but notice of such intended change shall be given by publication in some newspaper published in the village, town or city to be affected, for thirt}^ days prior to the meeting of the General Assembly; if no newspaper is published in said city, town or village then said notice shall be given by posting copy thereof at three public places in said city, town or village, and said notice shall be spread upon the Journal of the House in which the bill pro- posing such change is introduced. Sec. 4:. No city, town or village shall be authorized or permitted to grant any franchise or privilege or make any contract in reference thereto for a term exceeding- twenty years, nor shall any city, town or village grant any right of way over or right to use any street or public way or part thereof except to the person or corporation offering the highest sum therefor or the highest percentage of gross annual receii>ts, to be de- rived from the business so using the right of way or street or public place. No such privilege shall be granted until the applicant therefor shall have given notice by publication for thirty days in some newspaper published in the city, town or village, of his intention to ask for such franchise, and the date upon which such application shall be made and the person, firm, asso- ciation or corporation to whom such franchise is granted Constitutional Convention. 409- shall be liable for any damage inflicted iipoii the prop- erty of abutting proprietors. Sec. 5. No street railway, gas, water, steam or hot water heating, telephone, telegraph, electric light or power company within a cit}^, town or village, shall be permitted or authorized to construct its tracks or mains or erect its poles, posts or other apparatus or string its wires upon the same, along, over, under or across the streets, avenues, alleys or public grounds of such citj^, town or village, without the consent of the proper muni- cipal authorities of such city, town or village being first had and obtained. Sec. G. The General Assembly shall not enact any law which will permit a person, firm, corporation or as- sociation of an}^ character to pay a privilege license or other tax to the State of Alabama, and relieve him or it from the payment of all other privilege and license taxes in the State. Sec. 7. No county, city, town, village, district or other political subdivision of a count}' sliall have author- ity or be authorized b}' the General Assembly, after the ratification of this Constitution, to issue bonds, unless such issue of bonds shall have first been approved by a majorty vote by ballot of the qualified voters of such county, city, town, village, district, or other political subdivision of a count}', voting upon such proposition. In determining the result of any election held for this purpose, no vote shall be counted as an affirmative vote which does not show on its face tliat such vote was cast in approval of such issue of bonds. This section shall not apply to the renewal, refunding or reissue of bonds lawfully issued, nOr prevent the issuance of bonds in cases where the same have been authorized by laws en- acted prior to the ratification of this Constitution, nor shall this section apply to obligations incurred or bonds to be issued to procure means to pay for street and side- walk improvement, or sanitary or storm water sewers, the cost of which is to be assessed against the property abutting said improvements or drained by such SLinitary or storm water sewers. 410 Journal of Alabama Sec. 8. That no city, town or village shall here- after become indebted for any purpose or in any man- ner to an amount which, including existing indebted- ness, shall exceed 7 percentum of the assessed valuation of the real and iJersonal property within said city, town or village, subject to taxation, as shown by the last pre- -ceding assessment for State and county purposes ; pro- vided, however, that in determining the limitation of the power of such city, town or village to incur indebted- ness there shall not be included the following class of indebtedness, to-Avit: («) Notes, certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes, unless the same be not paid within two years from the ^ate of such issue, and all such notes, certificates of in- debtedness and revenue bonds shall be provided fur, and made j^ayable from the taxes levied for the year in which they are issued, and shall never exceed the amount of such taxes. (5) Bonds issued for the purpose of purchasing or otherwise providing for a supply of water or for the ■construction or installation of sanitary sewers, or for the extension of either of the same. (c) Obligations incurred and bonds issued to procure means to pay for street or sidewalk improvements or storm water sewers, the cost of which is to be assessed against the property abutting or drained by such sewers. (d) Debts created for the preservation of the public health. (e) Debts existing on the 6th day of December, 1875, or any obligation issued to renew or refund the same. Sec. 9. No city, town or village whose present in- debtedness exceeds the limitations herein imposed shall be allowed to become indebted in any further amount until such indebtedness shall be reduced within such limit; provided however, that nothing herein contained «hall prevent any municipality from issuing bonds in renewal or for the refunding of obligations already ex- isting. Sec. 10. The General Assembly shall provide by gen- 'eral laws for the organization and classification of cities, Constitutional Convention. 411 itowns and villages ; the number of such classes shall not .exceed four, and the powers of each class shall be de- fined bj general laws so that all municipal corpora- tions of the same class shall possess the same powers and be subject to the same restrictions. The General Assembl}^ shall assign the cities, towns and villages of the State to the class to which they re- spectively belong, and change assignments made as populations of such cities, towns and villages increase or decrease, and in the absence of other satisfactory information as to their population, the General As- sembly shall be governed by the last preceding Federal census; provided, however, that any cit}', tOAvn or vil- lage in Alabama may in the year 1905, and every ten years thereafter, cause a census of all its inhabitants to be taken, and the General Assembly may change the classification of such city, town or village according to the result of such census. Any city having a population of more than twenty thousand inhabitants may frame a charter for its own government, not in conflict with this Constitution, whenever the Mayor, authorized by a majority vote of the legislative body of such city, shall have made appli- cation to the Judge of the Circuit Court for the appoint- ment of the Board, to be composed of nine qualified electors, who shall luive been for at least five years resi- dents of such city. If the Judge of the Circuit Court is a non-resident of the county in which said city is lo- cated, then such application may be made to the Judge of any State court of record of general common law jurisdiction, residing in such county, and the said appli- cation and the appointments made thereon shall l)e en- tered of record by the clerk of such court. Said Board shall within ninety days after such ap- pointment return to the chief magistrate of such city the draft of such charter signed by a majority of said Board within thirty d-dja thereafter, such proposed charter shall be submitted to the qualified voters of such city at a special election to be called by the Mayor, and if a majority of such qualified voters voting thereat «liall ratify- the same, it shall, at the end of thirty days 412 Journal of Alabama thereafter become the charter of such citv, and super- sede any existing charter or amendments thereto^ and all special acts of the General Assembly relating to the corporate organization or government of such city other than laws securing and enforcing the payment of the debts of such city. 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 be authenticated by its corporate seal ; one of such certifi- cates shall be deposited in the office of the Secretary of State, and the other shall be deposited among the ar- chives of such city, and all courts shall take judicial notice of such charter. Such charter so adopted may be amended at intervals of not less than four years by pro- posals therefor, submitted b}' the legislative authority of the city to the qualified voters thereof at a general or special election, held at least thirty days after the publication of such proposals in two newspapers of said city, and ratified by a majority of the qualified voters voting thereat. In any such charter or amendments thereto an}^ alternative article or proposition may be presented for the choice of the voters, and may be voted on separately without prejudice to the others. Sec. 11. No city, town, village or other municipal corporation other than provided for in this article shall levy or collect a higher rate of taxation in one year on the property situated therein than one-half of one percentum of the value of such property as assessed for State tax- ation during the preceding year; provided, that for the purpose of paying debts existing on the sixth day of December, 1875, and the interest thereon, a tax of one percentum may be levied and collected, to be applied exclusively to the payment of such indebtedness, and provided further that this section shall not apply to the city of Mobile, which city may from and after the rati- fication of this Constitution, levy a tax not to exceed the rate of three-fourths of one percentum, to pay the expenses of the city government, and may also levy a tax not to exceed three-fourths of one per centum to pay the debt existing on the sixth day of December, Constitutional Convention, 413 1875, Avith the interest thereon, or unj renewal of su€h debt; and provided furtlier, tliat this section sliall not apply to the cities of Birmingham and Huntsville, ■which cities may levy and collect a tax not to exceed one-half of one per centnm in addition to the tax of one- half of one percentnm as hereinabove allowed to be levied and collected, such special tax to be applied ex- clusively^ to the payment of interest on the l)onds of said cities of Birmingham and Huntsville, as hereto- fore issued in pursuance of law, and for a sinking fund to pay off said bonds at the maturity thereof. And provided further, that this section shall not ap- ply to the cities of Troy, Attala, Gadsden, Bessemer, Woodlawn and Florence, which cities may from and after the ratification of this Constitution, levy and col lect an additional tax not exceeding one-half of one percentum per annum, but this additional tax shall not be levied unless authorized by a nmjority vote of the qualified electors voting at a special election held for the purpose of ascertaining whether or not said tax shall be levied. MINORITY report. The undersigned, a member of the Committee on Municipal Corporations, does not concur with the ma- jority of the committee in the report submitted, and therefore moves to strike out the tenth section of the report, and respectively offers the following substitute in lieu thereof: The General Assembly shall have authority to incor- porate cities, towns and villages by a general law which shall grant to all municipalities the same powers, rights and privileges, and shall not discriminate between municipalities in the powers, rights and privileges granted, on account of population, situation, condition, the pursuits of the people, or for any reason whatever. The General Assembly shall grant to no municipality or community the right to establish or amend its own charter, but all municipal charters shall be granted or amended by special law or formed under a general law 414 Journal of Alabama equally applicable to all commnnities; provided, that no charter or amendmeut thereof shall be valid, until it shall be accepted or ratified by a majority of the quali- fied electors residing within the limits of such muni- cipality, and voting at an election held for that purpose.. J. W. A. Sanford. Mr. Weakley, chairman of the Committee on Muni- cipal Corporations, asked unanimous consent that reso- lution No. 23, ''That the rate of taxation relative to the- State, counties and municipalities, as fixed by the pres- ent Constitution, shall remain unchanged," he recom- mended to the Committee on Municipal Corporations. Also an ordinance No. 183, and 186, ''To regulate- the organization and classification of cities and toAvns," Ordinance 186, ''To provide for the organization, classification and government of villages, towns and' cities in Alabama." The resolution No. 23 and ordinances Nos. 183 and 186, were recommitted to the Committee on Municipal Corporations. reconsideration, Mr. Wilson, of Washington, moved to reconsider the* vote by which Section 30 of the ordinance "To create- and define the Executive Department" was adopted. The motion prevailed : Yes, 69 ; nays, 24. yeas. Messrs. President, Carmichael (Coffee), Ashcraft, Carnathon, Barefield, Chapman, Beavers, Davis (DeKalb), Boone, Davis (Etowah), Burnetty Fitts, Burns, Foshee, Byars, Foster, Cardon, Freeman, Constitutional Convention. 415 Gilmore, Glover, Graham (Montgomery), Grant, Grayson, Haley, Hendei-Fon, Hinson, Howell, Jenkins, Jones (Montgomery), Jones (Wilcox), Knight, Kyle, Leigh, Lomax, Long (Butler), Lowe (Jefferson), Macdonald, McMillan (Baldwin); McMillan (Wilcox), Martin, Miller (Marengo), Miller (Wilcox), Moody, Morrisette, Miu'phree, Norman, Norwood, Parker (Elmore), Pearce, Pettus, Reese, Kobinson, Kogers (Sumter), Samford, Sanders, Sanford, Sea rev, Sentell, Smith, Mac. A. Sollie, Tayloe, Thompson, Vaughan, Waddell, Walker, Weatherly, Williams ( Marengo ) , Wilson (Clarke), Wilson (Washington) — 69. nays. Messrs. Beddow, Case, deGraffenried, Howze, Jones (Bibb), Kirk, Kirkland, Mai one, Mulkev, NeSmith, Gates, Phillips, Pitts, Porter, Reynolds (Henry), Sloan, Spears, Watts, Weakley, White, Whiteside, Wlllett, Willaims (Barbour) — 24. 416 Journal of Alabama Mr. Wilson, of Washington, moved to reconsider the vote b3' which the amendment to Section 30, offered by Mr. deGraffenried, was adopted. Amend Section 30 by striking- therefrom the words ■*'such oftice as his own successor," in the third line, and insert therein, in lieu thereof the following : "To election or appointment to anv office under this State for one year after the expiration of his term." The motion prevailed. Mr. ^Alison, of Washington, moved to table the amend- ment offered by Mr. deGraffenried, and the motion pre- vailed, and the amendment was laid upon the table. Mr, deGraffenried thereupon gave notice that on to- morrow he would move to take the amendment from the table. Mr. Jones, of Montgonier}-, moved that Section 30, as previously reported by the committee, and as amended be adopted, and the motion prevailed, and Section 30 was adopted. SECTION TWELVE. Mr. Jones, of Montgomery, asked unanimous consent to offer an amendment to Section 12 of the ordinance "To create and define the Executive Department." Unanimous consent was granted. Mr. Jones, of Montgomery, offered the following amendment to Section 12, Avhich was read at length : To amend Section .12 by adding after the word "par- dons" in the third line of printed ordinance, the follow- ing words, to-wit : "Except in cases of impeachment," and also by striking out the words "except in cases of impeachment" in the sixth line of the printed ordinance after the words "in cases of felony." On motion of Mr. Jones, of Montgomery, the amend- ment was adopted. Mr. Fitts offered the following amendment to the ordinance "To create and deline the Executive Depart- ment :" Amend the report of the Committee on Executive De- partment by adding to Article V a section to read as follows : Constitutional Convention. 417 If .the session of the General Assembly next after the ratification of this Constitution shall enact a law in- <;reasing the salary of the Governor, such increase shall become effective and applied to the first Governor elected ^fter the ratification of this Constitution. Mr. Cobb offered the following amendment to the amendment offered by Mr. Fitts : Add the words at the proper place "if the General Assembly shall so determine.-' The amendment to the amendment offered by Mr. Cobb was adopted. The amendment of Mr. Fitts, as amended, was there- upon adopted: Yeas, 72; nays, 43. YEAS. Messrs. President, Banks, Barefield, Beavers, Beddow, Bethune, Boone, Brooks, Browne, Burnett, Cobb, Davis (Etowah), Dent, deGraffenreid, Duke, Eyster, Espy, Ferguson, Fitts, Gilmore, Graham (Montgomery), Graham (Talladega), Grant, Greer (Calhoun), Haley, 27 Heflin (Chambers), Heflin (Randolph), Hinson, How^ell, Howze, Inge, Jackson, Jones (Bibb), Jones (Hale), Jones (Montgomery) Jones (Wilcox), Kirk, Knight, Kyle, Leigh, Locklin, McMillan (Baldwin), McMillan (Wilcox), Martin, Merrill, Morrisette, INIurphree, Norman, Norwood, Gates, 418 Journal of Alabama O'Neill (Jefferson), Palmer, Parker (Cullman), Pitts, Prctctor, Reese, Robinson, Samford, Sanders, Sanford, Searcy, Smith (Mobile),, Tayloe, Thompson, Vaughan, Waddell, Watts, Weakley, Willett, Wilson (Clarke), AVilliams ( Marengo ) , Wilson ( Washington )- -72. NAYS. Messrs. Asheraft, Bartlett, Blackwell, Bulger, Burns, Byars, Cardon, Carmichael (Coffee), Carnathon, Case, Chapman, Davis (DeKalb), Foshee, Freeman, Glover, Grayson, Handley, Henderson, Jenkins, Kirkland, Lowe (Lawrence), Macdonald, Malone, Miller (Marengo),. Moody, Mulkey, NeSmith, Opp, O'Rear, Parker (Elmore),. Pearce, Pettus, Phillips, Porter, Reynolds (Henry), Rogers (Sumter), Sloan, Smith, Mac. A., Sollie, Spears, Weatherly, Whiteside, Williams (Barbour) -43. RECONSIDERATION. Mr. Vaughan gave notice that he had voted yea, and would on to-morrow move to reconsider the vote by which the amendment was adopted. Constitutional Convention. 419 Mr. BlackAvell offered the following amendment to the ordinance "To create and define the Executive De- partment :" To amend the report of the Committee on Executive Department by adding Section 31, which is as follows: Sec. 31. That when vacancies happen by resignation or otherwise in any county office, the Governor shall make temporary appointments until the next election, at which members of the General Assembly are elected, and at such election the qualified electors by a direct vote shall fill such vacancy or vacancies. Mr. deGraffenried offered the following substitute for the amendment offered by Mr. Blackwell : Sec. 31. The Court of County Commissioners shall have authority, when any vacancy occurs in any county office, to appoint some qualified elector of such county to perform the duties of such office until the next, gen- eral election by the people, when the people voting at such election shall elect some qualified elector to such office, who shall hold said office during the unexpired term and until his successor is duly elected and quali- fied. Mr. Heflin, of Randolph, moved to table the substitute offered by Mr. deGraffenried. The motion prevailed, and the substitute was tabled. Mr. Samford moved to table the amendment offered by Mr. Blackwell, and the motion prevailed, and the amendment was laid upon the table. ]Mr. Burns offered the following amendment to the ordinance "To create and define the Executive Depart- ment :" Amend by adding as Section 31 : In case any Sheriff, or his deputy, or any member of his posse be killed, or permanently disabled while dis- charging his duty in defending a prisoner in his charge, the General Assembly shall provide for the maintenance of those who were dependent upon the person killed or disabled. The amendment was lost. 420 Journal of Alabama keconsideration. Mr. Jones, of Montgomery, changed his vote from yea to no, and gave notice that on to-morrow he would move to reconsider the vote by which the amendment was lost. ORDINANCE ON THIRD READING. Mr, Samford moved that the ordinance "To create and define the Executive Department" be ordered to a third reading. The motion prevailed. Mr. Reese moved that the further consideration of the third reading of the ordinance be postponed until to-morrow immediately after the approval of the Jour- nal. The motion prevailed. RECESS. The hour of 1 o'clock p. m. having arrived, the Con- vention took a recess until 3 o'clock p. m. AFTERNOON SESSION. The Convention met pursuant to adjournment. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : Messrs. President, Beavers, Almon, ' Beddow, Ashcraft, Bethune, Banks, Blackwell, Barefield, Brooks, Bartlett, Bulger, Constitutional Convention. 421 Burnett, Burns, Byars, Cardon, Carmichael (Colbert), Carmichael (Coffee), Carnathon, Case, Chapman, Cobb, Davis (Etowah), Dent, deGraffenried, Eyster, Ferguson, Foshee, Foster, Freeman, Glover, Graham (Talladega), Grayson, Greer (Calhoun), Haley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hinson, Hodges, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), Kirk, TCirkland, KnishL, Kyle, Leigh, Lomax, Long (Butler), Long (Walker), McMillan (Baldwin),. Malone, Martin, Maxwell, jMerrill, Miller (Marengo), Miller (Wilcox), Moody, Morrisette, Mulkey, Murphree, NeSmith, Norman, Norwood, Dates, O'Neill (Jefferson),, Odd, O'Rear, Palmer, Parker (Cullman),. Parker (Elmore), Pearce, Pettus, Phillips, Pitts, Porter, Proctor, Rees>' Reynolds (Chilton),, Revnolds (Henry), Robinson, Rogers (Sumter),, Sam ford, Sanders, San ford, Searcy, Sloan,. 422 Journal of Alabama Smith (Mobile), Walker, Smith, Mac. A , Weakley, Sollie, Weatlierly, Sorrell, White, Spears, Whiteside, Tavloe, Williams (Barbour), Thompson, Wilson (Clarke) Vaughan, Wilson (Washington). Wacidell, Winn— 112. LEAVE OF ABSENCE. Was granted to Mr. Macdonald for the afternoon; to jMr. Cofer for to-day; and to Mr, Davis, of Etowah, for to-iiiorrow. REPORT OF THE COMMITTEE ON TAXATION. l-he Convention proceeded to the consideration of the article on Taxation, reported by the Committee on Taxation. Section 1 of the Article XI on Taxation, reported by the Committee on Taxation, was read at length as fol- lows : Section 1. All taxes levied on property in this State shall be assessed in exact proportion to the value of such property, but no tax shall be assessed upon any debt for rent or hire of real or personal property while owmed by the landlord or hirer during the current year of such rental or hire, and when such real or personal property is assessed at its full value; provided, how- ever, the General Assembly may levy a poll tax, not to exceed one dollar and fifty cents on each poll, which shall be applied exclusively in aid of the public school fund in the county so paying the same. Mr. Samford offered the following amendment to Sec- tion 1, which was read at length : Add in fifth line. Section 1, after the word ''value:'' And no license or other tax shall ever be imposed for the inspection of any article of merchandise used for fer- tilizers. CONSTITUTIONxU. CONVENTION. 423 ADJOUENMENT. Pending the further consideration of the amendment to Section 1, and the article, the hour of 5 p. m. arrived and under the rules the Convention adjourned until to- morrow mornins; at 10 o'clock. TWENTY-NINTH DAY. Convention Hall. Montgomerj, Ala., Tuesday, June 25, 1901. The Convention met pursuant to adjournment. Prayer was offered by the Rev. Mr. Elliott of the city. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : Messrs. President, Almon, Altman, Ashcraft, Banks, Barefield, Bartlett, Beavers, Beddow, Bethune, BlackweH, Boone, Brooks, Browne, Bulger, Burnett, Burns, Byars, Cardon, Carmichael (Colbert). Carmichael (Coffee), Carnathon, Case, Chapman, Cobb, Coleman (Greene), Coleman (Walker), Cornwell, Craig, Cnnningham, Tavis (DeKalb), Dent, deGraffenried, Duke, 424 Journal of Alarama Ejster, Espy, Fitts, Fletcher, Foshee, Foster, Freeman, Gilmore, Glover, Graham (Montgomery), Graham (Talladega). Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hinson, Hodges, Hood, Howell, Howze, Inge, Jackson, Jones (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Ledbetter, Leigh, Lomax, Long (Butler), Lowe (Jefferson), Lowe (Lawrence), Macdonald, McMillan (Baldwin),. McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Morrisette, Mulkey, Murphree, NeSmith, Norman, Norwood, O'Neill (Jefferson),. Opp, O'Rear, Palmer, Parker ( Cullman ),. Parker (Elmore), Pearce, Pettus, ' ' Phillips, Pillans, Pitts, Porter, Proctor, Reese, Reynolds (Chilton),. Reynolds (Henry), Robinson, Rogers (Lowndes),. Rogers (Sumter), Samford, Sanders, v; Sanford, Searcy, Selheimer, Constitutional Convention. 425 Sentell, Walker, Sloan, Watts, Smith (Mobile), Weakley, Smith, Mac. A., Weatherly, Sollie, White, Sorrell, Whiteside, Spears, Willett, Spragins, Williams (Barbour), Stewart, Williams (Marengo), Tayloe, Wilson (Clarke). Thompson, Wilson (Washington). Vaiighan, Winn — 141. Waddell, LEAVE OF ABSENCE. Was granted to Messrs. Cornwell for yesterday; Ne- Smith for to-day and to-morrow; Renfro for to-day; Cofer for yesterday ; Maxwell for yesterday and to-day ; Greer, of Perry, for to-day. REPORT OF COMMITTEE ON JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report: The Committee on the Journal beg leave to report that they have examined the Journal for the twenty- eighth day of the Convention, and that the same is cor- rect. Respectfully submitted, John P. Proctor, Chairman. The report of the committee was concurred in. stenographic report. Messrs. White, Dent and Blackwell called the atten- tion of the Convention to certain errors in the stenog- raphic report of the proceedings yesterday. The report was ordered corrected. 426 Journal of Alabama resolutions. The following resolutions were offered, severally read one time at length, and referred to appropriate com- mittees as follows : Kesolution No. 187, by Mr. Bulger: Eesolved, That the articles to be adopted by the Con- vention as a pa^'t of the Constitution shall be taken up and considered by the Convention in the order in. which they are reported by the committee to which they have been referred. The resolution was referred to the Committee on Rules. Resolution 188, by Mr. Carmichael, of Coffee: Be it resolved, That the Secretary of State is hereby authorized and instructed to contract for the printing and binding of 1,000 copies of the Journal of this Con- vention. Be it further resolved, That the printing and binding shall be done in the same manner and under the same law as that of the House and Senate Journals, and that the printing and binding shall be paid for out of the State appropriation for printing and binding. The resolution was referred to the Committee on Schedule, Printing and Incidental Expenses. Resolution 189, by Mr. Cobb : All errors ?n the stenographic report Will be privately •called to the attention of the reporter, who is directed, to make' necessary corrections. The resolution was referred to the Committee on Rules. Resolution 190, by Mr. Jones, of Wilcox: Resolved, That it is the sense of this Convention that no amendment should be proposed by any delegate to an article or articles of the Constitution, as reported l)y a committee, when such amendment could be enacted into a law by the General Assembly of Alabama. The resolution was referred to the Committee on Rules. Constitutional Convention. 427 ordinances on first reading. The following ordinances were introduced by unani- mous consent, severally read one time at length, and re- ferred to appropriate committees, as follows : Ordinance No. 398, by Mr. Rogers, of Lowndes : An ordinance amending Section 17 of Article XIV of the Constitution, relating to Banking. The ordinance was referred to the Committee on Banks and Banking. Ordinance No. 399, by Mr. Kyle (by request) : To provide for the formation or creation of private corporations in the State of Alabama. The ordinance was referred to the Committee on Corporations. Ordinance No. 400, by Mr. Thompson : To provide for a tax on collateral inheritances. The ordinance was referred to the Committee on Taxation. Ordinance No. 401, b}^ Mr. Long, of Walker : Relative to removing the State Capitol from Mont- gomery to Birmingham. The ordinance was referred to the Committee on Order, Consistency and Harmony of the Constitution. RECONSIDERATION. Mr. Jones, of Montgomery, moved to reconsider the vote by which the amendment offered by Mr. Burns to the ordinance "To create and define the Executive De- partment," was lost on yesterday. The motion prevailed, and the vote was reconsidered ; Yeas, 82; nays, 50. TEAS. Messrs. Almon, Beavers, Ashcraft, Beddow, Banks, Blackwell, Barefield, Brooks, Bartlett, Browne, 428 Journal of Alabama Burnett, Bulger, Burns, Byars, Carmichael (Coffee), Case, Cornwell, Cunningham, deGraffenried, Duke, Fletcher, Foshee, Foster, Freeman, Gilmore, Graham (Montgomery), Graham (Talladega), Grant, Grayson, Haley, Hinson, Hood, Howell, Jackson, Jenkins, Jones (Bibb), Jones (Montgomery), Jones (Wilcox), Kirkland, Knight, Kyle, Leigh, Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, Maxwell, Miller (Marengo). Morrisette, Mulkey, Murphree, Norman, Norwood, O'Neill (Jefferson),. O'Rear, Palmer, Parker (Cullman), Pettus, Porter, Proctor, Reese, Reynolds (Chilton),, Rogers (Lowndes), Sanford, Searcy, Selheimer, Sloan, Smith, Mac. A., Sorrell, Spears, Tayloe, Thompson, Watts, Weakley, Weatherly, White, Whiteside, Willett, Williams (Marengo), Wilson (Washington),. Winn— 82. Messrs. President, Altman, NAYS. Boone, 'Bethune, Constitutional Convention. 429 Oardon, Carmichael (Colbert), Carnathon, Chapman, Cobb, Coleman (Walker), Crai*'" Davis' (DeKalb), Dent, Espy, Ferguson, Glover, Greer (Calhoun), Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Howze, Inge, Jones (Hale), Kirk, Locklin, Lowe (Lawrence), Merrill, Miller (Wilcox), Moody, Gates, Opp, Parker (Elmore), Pearce, Phillips, Pillans, Pitts, Reynolds (Henry), Robinson, Rogers (Sumter), Samford, Sanders, Smith (Mobile), Sollie, Spragins, Stewart, Waddell, Walker, Williams ( Barbour ^ -50. Mr. Jones, of Montgomery, offered the following sub- stitute for the amendment offered by Mr. Burns : Substitute for proposed Section 31, of Article on Exe- cutive Department: Sec. 31. It shall be the duty of the General Assembly to make adequate provision for dependent members of the family of any Sheriff, Deputy Sheriff, or member of any posse who may be killed, or permanently injured, in defending any prisoner in the custody of the law. Mr. Heflin, of Chambers, moved to table the substi- tute offered by Mr, Jones, of Montgomery. The motion to table was lost : Yes, 48 ; nays, 83. 430 Journal of Alailvma YEAS. Messrs. President, Altman, Bethune, Boone, Cardon, Carmicliael ( Colbert ) , Carnathon, Chapman, Coleman (Walker), Craig, Davis (DeKalb), Dent, Espy, Ferguric n, Fosliee, Glover, Greer (Calhoun), Handlej, Harrison, Hefl'in (Chambers), Heflin (Randolph), Hend3rson, Howze, Inge, Jones (Hale), Kirk, Lowe (Lawrence), Merrill, Miller (Wilcox), Moody, Gates, Opp, Parker (Elmore), Pearce, Phillips, Pitts, Reynolds (Henry), Robinson, Rogers (Sumter), Sanders, Smith (Mobile), Sollie, Spragins, Vaughan, Waddell, Walker, Williams ( Barbour ) , Wilson (Clarke)— 48. NAYS. jMessrs. Almon, Ashcraft, Ranks, Barefield, Bartlett, Beavers, Beddow, Blackwell,. Brooks, Bulger, Burnetty Burns, Byars, Carmichael (Coffee), Case, Cobb, Cornwell, Cisnningham, deGraffenried^ Duke, Evster, Fletcher, Foster, Gilmore,. Constitutional Convention. 431 Graham ( Montgomery " Graham (Talladega), Grant, Grayson, Haley, Hinson, Hood, Howell, Jackson, Jenkins, Jones (Bibb), Jones (Montgomery), Jones (Wilcox), Kirkland, Knight, Kyle, Leigh, Locklin, Long (Walker), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, Miller (Marengo), Morrisette, Mulkey, Murphree, Norman, Norwood, O'Neill (Jefferson), O'Rear, Palmer, Parker (Cullman), Pettus, Pillans, Porter, Proctor, Reese, Reynolds (Chilton), Rogers (Lowndes), Sanford, Searcy, Selheimer, Sloan, Smith, Mac. A., Sorrell, Spears, Tayloe, Thompson, Watts, Weakley, Weatherly, White, AVhiteside, Willett, Williams (Marengo), Wilson (Washington) Winn— 83. ]Mr. Jones, of Montgonaery, moved that the substitute be adopted. ^ The motion prevailed, and the substitute was adopted. ]\rr. Cobb offered the following amendment to the substitute offered by Mr. Jones, of Montgomery : Strike out the words "it shall be the duty," and in- sert "it shall be in the power of the General Assembly.'^ ^\r. Barefield moved to table the amendment offered bv Mr. Cobb. 432 Journal of Alarama The motion to table was lost: Yeas, 60; nays, 78. YEAS. Messrs. Ashcraft, Banks, Barefield, Beddow, Blackwell, Brooks, Burnett, Burns, Byars, Carmichael (Coffee), Case, Cunningham, deGraffenried, Duke, Eyster, Fitts, Foster, Gilmore, Graham ( Montgomery ) , Graham ( Talladega ) . Grayson, Hinson, Hood, Howell, Jackson, Jenkins, Jones (Montgomery), Jones (Wilcox), Knight, Kyle, Messrs. President, Altman, Bartlett, Beaver, Leigh, Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, Morrisette, Mulkey, Norman, Norwood, O'Rear, Palmer, Parker (Cullman), Pettus, Porter, Reynolds (Chilton), Rogers (Lowndes), Kellieimer, Smith, Mac. A., Sorrell, Spears, Thompson, Watts, Weakley, White, Whiteside, Willett, Williams (Marengo), Wilson (Washington) Winn— 60. NAYS. Cardon, Carmichael (Colbert), Bethune, Boone, Constitutional Convention, 433 Browne, ■ Long (Walker), .Bulger, Merrill, Carnathon, Miller (Marengo), X^hapman, Miller (Wilcox), Cobb, Moody, Cofer, Murphree, Coleman (Greene), Gates, Coleman ( Walker ) , O'Neal (Lauderdale), Cornwell, O'Neill (Jefferson), Craig, Opp, Davis (DeKalb), Parker (Elmore), Dent, Pearce, :Espy, Phillips, Ferguson, Pillans, P^letclier, Pitts, Foshee, Proctor. Freeman, Reynolds (Henry), Glover, Robinson, •Grant, Rogers (Sumter), Greer (Calhoun), Samford, Haley, Sanders, Handley, Sanford, Harrison, • Searcy, Heflin (Chambers), Smith (Mobile), Heflin (Randolph), Sol lie, Henderson, Spragins, Howze, Vaughan, Inge, Waddell, Jones (Bibb), Walker, Jones (Hale), Weatherly. Kirk, Williams (Barbour), Kirkland, Wilson (Clarke)— 73. Locklin, Mv. Weatherly moved to table Section 31, pending amendment. The motion was lost : Yeas, 62 ; nays, 73. and the -28 434 Journal of Alabama YEAS. Messrs. President, Jones (Hale), Altman, Kirk, Bethune, Kirkland, Boone, Locklin, Bulger, Long (Walker), Cardon, Merrill, Carmiehael (Colbert), Miller (Wilcox), Caruathon, Moody, Chapman, Gates, Cobb, O'Neal (Lauderdale), Cofer, Opp, Coleman (Greene), Parker (Elmore), Coleman (Walker), Pearce, Craig, Phillips, Davis (DeKalb), Pillans, Dent, Pitts, Duke, Keynolds (Henry), Espy, Robinson, Ferguson, Rogers (Sumter), Fletcher, Sanders, Glover, Sanford, Greer (Calhoun), Searcy, Haley, Smith (Mobile), Handley, Sollie, Harrison, Spragins, Heflin (Chambers), Vaughan, Hefliu (Randolph), Waddell, Henderson, Walker, Howze, Weatherly, Inge, Williams (Barbour), Jones (Bibb), Wilson (Clarke)— 62, NAYS. :Messrs. Almon, Beavers, Ashcraft, Beddow, Banks, Blackwell, Barefield, Brooks, Bartlett, Browne, Constitutional Convention. 435 Burnett, Burns, Byars, Carmichael (Coffee), Case, Cornwell, Cunningham, deGraffenried, Eyster, Fitts, Foshee, Foster, Freeman, Gilmore, Graham (Montgomery), Graham (Talladega), Grant, Grayson, Hinson, Hood, Howell, Jackson, Jenkins, Jones (Montgomery), Jones (Wilcox), Knight, Kyle, Leigh, Maedonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, Miller (Marengo), Morrisette, Mulkey, Murphree, Norman, Norwood, O'Neill (Jefferson), O'Rear, Palmer, Parker (Cullman), Pettus, Porter, Proctor, Reynolds ( Chilton ) , Rogers (Lowndes), Sanford, Selheimer, Sloan, Smith, Mac. A. Sorrell, \ Spears, Thompson, Watts, Weakley, White, Whiteside, Willett, Williams (Marengo), Wilson (Washington), Winn— 73. RECESS. Pending the further consideration of the amendment offered by Mr. Cobb, the hour of 1 o'clock p. m. having arrived, the Convention, under the rules, recessed until 3 o'clock this afternoon. 436 . Journal of Alabama AFTERNOON SESSION. The Convention met pursuant to adjournment. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : Messrs. President, Almon, Altman, Ashe raft. Banks, Barefield, Bartlett, Beddow, Blackwell, Boone, Brooks, Browne, Bulger, Burnett, Burns, Byars, Cardon, Carmichael (Colhert), Carmichael (Coffee), Carnathon, Case, Chapman, Cobb, Cofer, Coleman (Greene), Coleman (Walker), Cornwell, Craig, Cunningham, Dent, deGraffenreid, Duke, Ejster, Espy, Ferguson, Fitts, Fletcher, Foshee, Foster, Freeman, Glover, Graham (Montgomery), Graham (Talladega), Grayson, Greer (Calhoun), Greer (Perry), Haley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hinson, Hood> Howell, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), Constitutional Convention. id7 Kirk, Kirkland, Knight, Kyle, Leigh, Long (Walker), Lowe (Jefferson), Lowe (Lawrence), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Morrisette, Miirphree, Norman, Norwood, Gates, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Pillans, Pitts, Porter, Proctor, Keese, Reynolds (Chilton),, Reynolds (Henry), Robinson, Rogers (Lowndes), Samford, ;Sanders, Sanford, Searcy, Sellieimer, Sloan, Smith (Mobile), Smith, Mac. A.^ Sollie, Sorrell, Spears, Spragins, Stewart, Tayloe, Thompson, Vaughan, Waddell, Walker, Watts, Weakley, Weatherly, White, Whiteside, Willett, Williams ( Barbour) ^ Williams (Marengo),' Wilson (Clarke), Wilson (Washington). Winn— 131. LEAVE OF ABSENCE. Was granted to Mr. Mulkey for this afternoon. 438 Journal of Alabama UNFINISHED BUSINESS. The Convention proceeded to the consideration of un- finished business, which was the consideration of the amendment offered by Mr. Cobb to the substitute of- fered by Mr. Jones, of Montgomery. The amendment offered by Mr. Cobb was adopted: Yeas, 68; nays, 59. YEAS. Messrs. President, Altman, Bartlett, Bethune, Boone, Browne, Bulger, Cardon, Carmichael ( Colbert ) , Carnathon, Chapman, Cobb, Cofer, Coleman (Greene), Coleman ( Walker ) ; Craig, Davis (DeKalb), Dent, Espy, Ferguson, Fletcher, Glover, Grayson, Greer (Calhoun), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Howze, Inge, Jackson, Jones (Bibb), Jones (Hale), Kirk, Kirkland, Long (Walker), Lowe (Jefferson), Lowe (Lawrence), Merrill, Miller (Marengo), Miller (Wilcox), bloody, Murphree, Gates, O'Neal (Lauderdale), '>?)p, Parker (Elmore), Pearce, Phillips, Pillans, Pitts, Proctor, Reynolds (Henry), Robinson, Sam ford, vScarcy, Constitutional Convention. 439 :Smith (Mobile), Sollie, ■Spragins, Stewart, Tayloe, Vaughan, Waddell, Walker, VVeatherly, Williams ( Barbour ) —68. N^AYS. Messrs. Ashcraft, Banks, Barefield, Beddow, Blaekwell, Brooks, Burnett, Burns, Byars, Carmichael (Coffee), Cornwell, HJunningham, deGraffenried, Duke, Fitts, FQsliee, Foster, Freeman, Gilmore, Graham ( Montgomery ) , Graham (Talladega), "Grant, Hinson, Hood, Howell, Jenkins, Jones (Montgomery), Jones (Wilcox), Knight, I.eigh, Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, Morrisette, Norman, Norwood, O'Neill (Jefferson), O'Rear, Palmer, Parker (Cullman), Porter, Rogers (Lowndes), Sanford, Selheimer, Sloan, Smith, Mac. A., Sorrell, Spears, Thompson, Watts, Weakley, White, Whiteside, Williams (Marengo ) , Wilson (Washington). Winn— 59. Kyle, Tlie question recurred upon the adoption of the sub- stitute as amended. The su'bstitute was lost. 440 Journal of Axarama. pairs announced. The following pairs were announced: Mr. Rogers, of Sumter, and Mr. Case; Mr. Sanders^ and Mr. Pettus. Messrs. Kogers, of Sumter, and Sanders would vot^ aye, and Messrs. Case and Pettus would vote nay. REPORT OF THE COMMITTEE ON RULES. Mr. Smith, of Mobile, acting chairman of the Com- mittee on Rules, submitted the following report : Amend resolution 166 so as to read as follows : Resolved, That all speeches and amendments to ordi- nances reported by standing committees be limited to five minute each, whether made before or after the ordering of the previous question. Mr. Smith, of Mobile, moved that the resolution, as amended, as above set out, be adopted. Mr. Jones, of Montgomery, offered the following amendment to the substitute for resolution 166 : Provided that time expended in answering questions shall not be deducted from a member's time. Mr. Brooks moved that the substitute for resolution 166, reported by the Committee on Rules, and the amendment to said substitute, offered by Mr. Jones, of Montgomery, be laid upon the table to be taken up when- ever the Convention desired. The motion to table prevailed. ORDINANCE ORDERED ENGROSSED. Mr. Jones, of Montgomerv. asked unanimous consent to have the ordinance "To create and define the Exe- cutive Department" engrossed. Consent was given, and the ordinance was ordered engrossed. ADJOURNMENT. The hour of 5 o'clock p. m. having arrived, under the Constitutional Convention. 441 rules the Convention adjourned until to-morrow morning at 10 o'clock a. m. THIRTIETH DAY. Convention Hall^ Montgomery, Ala., Wednesday, June 26, 1901. The Convention met pursuant to adjournment. Prayer was offered by Rev. Mr, Elliott of the city. ROLL CALL. On a call of the roll of the Convention, the following delegates answered to their names, which constituted a quorum : . Messrs. President. Almon, Altman, Ashcraft, Banks, Barefield, Bartlett, Beavers, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Bulger, Burnett, Burns, Byars, Cardon, Carmichael (Colbert), Carmichael (Coffee), 'niK. Carnathon, Case, Chapman, Cobb, Cofer, Coleman (Greene), Coleman (Walker), Cornwell, Craig, Cunningham, Davis (DeKalb), Dent, deGraffenried, Duke, Eyster, Espy, T^erguson, Fitts, Fletcher, Foshee, Foster, 442 Journal of Alabama Freeman, • Gilmore, Glover, Graham (Montgomery), Graham (Talladega), Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hinson, Hood, Howell, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), King, Kirk, Kirkland, Knight, Kyle, Ledbetter, Leigh, Locklin, Long (Butler), Long (Walker), Lowe (Jefferson), Lowe (Lawrence), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Morri3ette, Mulkey, Murphree, Norman, Norwood, Gates, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Pitts, Porter, Proctor, Keesf Reynolds (Chilton), Reynolds (Henry), Robinson, Rogers (Lowndes), Rogers (Sumter), Samford, Sanders, Sanford, Searcy, Selheimer, Sentell, Smith (Mobile), Constitutional Convention. 443 ^mith, Mac. A, Watts, .Smith, Morg; an M.j Weakley, Sollie, Weatherly, Sorrell, White, Spears, Whiteside, Spragins, Williams ( BarbourJ , Stewart, Williams (Marengo), Tayloe, Wilson (Clarke) Thompson, Wilson ( Washington ) Waddell, Winn— 143. Walker, LEAVE OP ABSENCE. Was granted to Messrs. Vaughan for to-day; Ne- Smith for to-day and to-morrow; Davis, of Etowah, for to-day. report of the committee ON the JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in : The Committee on the Journal beg leave to report that they have examined the Journal for the twenty- ninth day of the Convention, and that the same is cor- rect. Eespectfully submitted, John F. Proctor, Chairman. stenographic report. Messrs. Reynolds, of Chilton; Carmichael, of Coffee; O'Neal, of Lauderdale; and Burns, called the attention of the Convention to certain errors in the stenographic report of the proceedings of yesterday. The report was ordered corrected. resolutions. The following resolution was offered, read at length, 444 Journal of Alabama and the rules were suspended and the resolution wa& adopted: Eesolution No. 191, by Mr. Howell: Resolved, That when any article of the Constitution has been passed by this Convention and ordered en- grossed, the chairman of the committee who reported the article be appointed and requested to see that the article is correctly engrossed or enrolled, as the case may be. RECONSIDERATION. Mr. Reese gave notice that on to-morrow he would move to reconsider the vote by which the resolution 191 was adopted. RESOLUTIONS. The following resolutions were offered, severally read one time at length, and referred to appropriate com- mittees, as follows: Resolution No. 192, by Mr. Rogers, of Lowndes: To amend rule 36, so as to read : The ayes and noes shall only be ordered when the call therefor is sustained by fifty delegates. The resolution was referred to the Committee on Rules. Resolution No. 193, by Mr. Jones, of Montgomery : Resolved, That an additional article be incorporated in the Constitution, as follows : ARTICLE — Section 1. When any person in the custody of a Sher- iff, or other lawful officer, is lawlessly taken, or at- tempted to be taken, from the custody of such Sheriff or other officer by a mob or other lawless assemblage, for the purpose of putting such person to death or great bodily harm, and any Sheriff or other officer or any member of any posse is killed or injured in protecting Constitutional Convention. 445 ■or attempting to protect such prisoner, the county in which such lynching occurs or is attempted, shall be liable in damages to the Sheriff or other officer or mem- ber of the posse, if they survive their injuries, or to their legal representatives, in case of their death. Any county made liable under this section shall have a right of action over against either or all the persons taking part in such mob or lawless assemblage. The resolution was referred to the Committee on Executive Department. Kesolution No. 194, by Mr. Morrisette: Resolved by the people of Alabama, in Convention as- sembled. That the next General iVssembly of Alabama shall reduce the tax on fertilizer to 10 cents per ton. Resolved further. That the General Assembly at the same time shall provide for the support of the various Agricultural Schools in this State out of the general fund of the State. The resolution was referred to the Committee on Legislative Department. ordinances on first reading. The following ordinances were introduced, severally read one time at length, and referred to appropriate committees as follows : Ordinance No. 402, by Mr. Mulkey: An ordinance to amend Section 2, Article X of the Constitution. Be it ordained by the people of Alabama, in Conven- tion assembled. That Section 2, Article X of the Con- stitution be amended by adding after the last word there- of the following: Provided, That executory contracts in w^riting for the sale of the homestead signed by the husband and wife, and acknowledged by the wife, as in cases of the conveyance of the homestead, shall be valid and may be enforced. The ordinance was referred to the Committee on Exemptions. Ordinance No. 403, by Mr. Winn : Be it ordained by the State of Alabama, in Convention 446 Journal of Alabama assembled, That the Railroad Commissioners of Ala-^ bama shall have plenary power in all matters pertain- ing to the discharge of their duties, and their salaries shall be paid by the State; provided, the railroad shall have the right of appeal to the courts from the decis- ions of said Commissioners whenever they deem such^ decisions oppressive. The ordinance was referred to the Committee on Corporations. PETITIONS. Messrs. Greer, of Perry ; Winn, Ashcraft and Banks submitted petitions from various citizens, relative to the election of Railroad Commissioners by the people, and the said petitions were referred to 'the Committee on Corporations. RECONSIDERATION OF ORDINANCES. ]Mr. Smith, of Mobile, chairman of the Committee on Judiciary, returned to the Convention Ordinance 305, "To amend Section 1, Article 10, of the Constitution," and requested that the same be recommitted to the Com- mittee on Exemptions. The ordinance, 305, was recommitted to the Commit- tee on Exemptions. REPORT OF STANDING COMMITTEES. Mr. Parker, of Cullman, chairman of the Committee on State and County Boundaries, submitted the follow- ing report, which was read at length : REPORT OF THE COMMITTEE ON STATE AND COUNTY BOUNDARIES. Mr. President: The Committee on State and County Boundaries, to- which was referred resolution No. 75, introduced by Mr.. Constitutional Convention. 447 Parker, of Elmore, beg leave to report that they have considered the same, and recommend its adoption. Said resolution is returned herewith. George H. Parker, Chairman of Committee upon State and County Boun- daries. resolution. Whereas, the General Assembly of Alabama passed an act approved March 4th, 1901, entitled "An act to provide for the annexation of West Florida to the State of Alabama," with the consent of the State of Florida and the Congress of the United States; and Whereas, the Governor of Alabama has, in pursuance of said act, appointed as commissioners on the part of Alabama Hous. AVm. L. Martin, Richard C. Jones and Samuel Black well, to confer with a like commission on the part of the State of Florida, which commission is empowered to do and perform all acts necessary and requisite to perfect an agreement for the cession of said territory to the State of Alabama, to be ratified and confirmed by the Legislature of Alabama, and approved by the Governor; Now, therefore, be it resolved. That this Convention hereby ratifies and indorses the purpose of said act, and the appointment of said commission ; Resolved further. That we approve of the annexation of the territory described in said act, to the State of Alabama, in the matter set forth therein ; Resolved further. That ^\e commend the distinguished commission on the part of Alabama to a. painstaking and patriotic effort in consummating liberal terms for the cession of said territory and recommend such other action by the Legislature of Alabama and the Congress of the United States as may be necessary. Mr. Parker, of Cullman, moved that the rules be sus- pended and that the resolution 75, which is set out above, be adopted. The rules were suspended and the resolution was adopted. 448 Journal of Alabama Mr. Parker, of Cullman, chairman of the Committee on State and County Boundaries, also submitted the following report: REPORT OF THE COMMITTEE ON STATE AND COUNTY BOUNDARIES; Mr. President: The Committee on State and County Boundaries in- structs me to report herewith an ordinance to take the place of the article in the present Constitution on the subject. All of the ordinances and resolutions submitted to the committee have been carefully considered. The prin- ciples of some of the same have been incorporated in the article. These ordinances and resolutions are herewith respectfully returned. The material changes in the article reported are as follows : To the first section as to the boundaries of the State, is added a proviso, so that if circumstances should be propitious, the limits and jurisdiction of the State would extend over any land or territory hereafter ac- quired. In this connection we have reported favorably a reso- lution giving the support of this Convention to the Com- missioners appointed under an act of the last Legislat- ure as to the matter of the annexation of a certain part of Florida to this State. Section 2 of the present Constitution has been divided into several sections, so as to make each provision there- in clear and definite. The boundaries of the counties under Section 3 can only be changed by an act of the Legislature passed by a majority of the members elected to each House there- of, and a two-thirds vote of the qualified electors, with- in the proposed territory to be taken from one county and added to another. New counties can only be created in like manner. No countv line shall be changed so as to run' within Constitutional Convention. 449 seven miles of the court house of any old county. No county site can be removed without a two-thirds vote of the qualified electors voting at an election held for such puii>ose; and elections for such purpose can only be held once in every four years. The area of counties has been reduced from GOO to 500 square miles. The county site of Shelby county, by proviso to Sec- tion 6, is fixed at Columbiana until changed by vote of the people. There is an act of the General Assembly of Alabama, approved the 9th day of February, 1899, and an act amendatory thereto, approved the 20th of Feb- ruary, 1899, providing for an election, to fix the per- manent location of the county site of Shelby county, and the benefit of such an election could be had at any time within four years from its approval, without seek- ing to have an election under these acts. A bill was passed through the last Legislature changing the county site from Columbiana to Calera. After a patient and careful investigation of the manner of the j)assage of this bill, it was evident to a majority of the committee: First — That only one member of the House could be found who knew of the existence or passage of the bill, and that member was the originator of the same ; Second — No officer of the House had any independent recollection of the bill. Third — The hill was kept off from the calendar of the House and out of the newspapers. The bill was passed regularly in the Senate, during its last day, and Avas on its calendar, but so late that no one, in Shelby county, except those interested in its passage, knew anything about it until after the adjourn- ment of the Legislature. The result is that this act was passed by wrong methods without the knowledge of the members of the House, and the county site changed, without the consent or knowledge of the people of Shel- by county. It is conceded, in our judgment, that the courts cannot go behind the Journals. The people of that county are, therefore, left without a remedy unless this Convention grants it to right the above wrong, and 29 450 Journal of Alabama as an act of justice to the people of Shelby county, the eommittee is of the opinion, and it is their judgment, that said county site should remain at Columbiana un- less changed bj^ the vote of the i>eople of that county. We return the evidence heard before the committee. Upon some portions of the article some of the mem- bers dissent, and reserve the liberty of action. George H. Parker, Chair man. MINORITY REPORTS. The undersigned member of the Committee on State and County Boundaries does not concur in the report of the Committee as to Sections 2, 3 and 4, and he offers as substitute therefor the following : Sec. 3. The boundaries of the several counties of this State, as heretofore established by law, are hereby rati- fied and confirmed. The General Assemblj^ uiay, by a vote of two-thirds of both Houses thereof, arrange and designate boundaries for the several counties of this State, which boundaries shall not be altered, except by a like vote; but no new counties shall be hereafter formed of less extent than 000 square miles, and no existing county shall be reduced to less than 600 square miles; and no new county shall be formed which does not contain a sufficient number of inhabitants to entitle it to one Representative under the ratio of representa- tion existing at the time of its formation, and leave the county or counties from which it is taken with the re- quired number of inhabitants entitling such county or counties to separate representation. Respectfully submitted, MiLo Moody, C. H. Miller. Mr. President : The undersigned respectfully dissent from that part of the report of the Committee herewith filed, which re- duces the constitutional area of a county below 600 square miles. Constitutional Convention. 451 After a careful and painstaking investigation from every avenue of information, we are forced to the con- clusion that any change reducing the area of tlie old counties below the present constitutional limit would he a source of political strife and disseution in many parts of the State, and endanger, if not defeat, the rati- fication of the proposed Constitution. We base this conclusion upon the following premises, which we think are indisputable : First — This question was not an issue in the cam- paign except to a very limited extent. Second — The sentiment of the people is divided, but largely against reduction. Third — In most of the counties the tax rate is alieady up to the constitutional limit, hence any reduction of the old counties would decrease their revenues, inter- fere with the harmony and autonomy of the same, de- stroy their symmetry and arouse influences against ratification, which, under normal conditions, would be in favor of ratification. We do not object to a reduction to some extent of the area of the counties hereafter to be formed, with such other restrictions as would be beneficial to the mainten- ance of the same. We therefore move to amend the report of the com- mittee by striking out "500" where it occurs in Section 3, and adding in lieu thereof the words "six hundred.'' Respectfully submitted, J. E. Cobb, John S. Parker^ E. C. Jackson. Mr. President: We, the undersigned members of the Committee on State and County Boundaries, do not concur with the majority in that part of Section 6 which refers to the Shelby county court house. And we offer as an amend- ment to Section 6 of the majority report, that all that 452 Journal of Alabama part of Section 6 which refers to the Shelby county court house shall be stricken out. J. O. Sentell_, J. A. Gilmore. An ordinance to create and define the State and County Boundaries, and to regulate the location of county sites, and the formation of new counties. Be it ordained by the people of Alabama, in Conven- tion assembled. That Article II of the Constitution be stricken out, and' the following article inserted in lieu thereof : ARTICLE II. State and County Boundaries, County Sites and Xew Counties : Section 1. The boundaries of this State are estab- lished and declated to be as follows, that is to say : Beginning at the point whre 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, thence west along the southern boundary line of the State of Tennessee, crossing the Tennessee river, and on to the second intersection of said river by said line, thence up said river to the mouth of Big Bear creek ; thence by a direct line to the north- west corner of Washington county, in this State, as ori- ginally formed ; thence southerly along the line of the State of Mississippi to the Gulf of Mexico; thence east- wardly, including all islands within six leagues of the shore, to the Perdido river; thence up said river to the beginning; provided, that the limits and jurisdiction of this State shall extend to and include any other land and territory now acquired, or hereafter acquired, by contract or agreement with other States or otherwise, although such land and territory are not included with- in the boundaries hereinbefore designated. Sec. 2. The boundaries of the several counties of this Constitutional Convention. 4o3;' State, as they now exist, are hereby ratified and con- firmed. See. 3. The General Assembly shall have the power^ provided that each house by a majority of the members elected thereto shall vote in favor thereof, to submit to a vote of the people residing within the territory pro- posed to be taken from one county and given to an- other, a change or alteration in county lines, but no such change or alteration shall be made unless such pro- posed change or alteration shall receive two-thirds of the votes of the qualified electors voting at such election; and, provided, that no county line shall be changed or altered so as to reduce any old county below 500 square miles, or which shall reduce the inhabitants in any such, county below the number of inhabitants to entitle the county to one Representative. Sec. 4. The General Assembly shall have power, pro- vided that each House, by a- majority of its members elected thereto, shall vote in favor therefor, to submit to a vote of the people within the boundaries of the pro- posed new county, the creation and formation of new counties, but no new county shall be created, unless such proposed new county shall receive two-thirds of the votes of the qualified electors voting at such elec- tion ; and at the same time the question of a name and a county seat for such county shall be submitted to and determined by said electors; and, provided, that no new county shall be created or formed of less extent than 500 square miles, and which does not contain a sufticient number of inhabitants to entitle it to one Representative under the ratio of representation existing at the time of its creation, and leave the county or counties from which it is taken with the required number of inhabitants en-. titling such county or counties to separate representa- tion, or which shall reduce any old county below 50O square miles. Sec. 5. No county line shall be altered or changed or in the creation of new counties shall be established so as to run within seven miles of the county court house of any old county. 454 Journal of Alabama Sec. 6. No county site shall be removed except by a two-thirds A^ote of the qualified electors of said county, voting in an election held for such purpose, and when an election has once been held for such purpose, no other election can be held for such purpose until the expira- tion of four years; provided, that the county site of Shelby county, of this State, shall be and remain at Co- lumbiana, unless removed by a vote of the people, as provided for in an act entitled "An act to provide for the permanent location of the county site of Shelby county, Alabama, b^' a vote of the qualified electors of said county," approved the 9th day of Feb- ruary, 1899, and the act amendatory thereto, approved the 20th day of February, 1899, or by an election held under the provisions of this article. The report was read at length and placed upon the calendar, and 300 copies ordered printed. SPECIAL ORDER. Mr. Parker, of Cullman, moved that the report of the •Committee on State and County Boundaries be made a special order to be considered immediately after the special orders heretofore made. The motion prevailed and the report was made a spe- cial order for consideration immediately after the con- clusion of the consideration of the report of the Com- mittee on Local Legislation, and the supplementary re- port to same by Legislative Department. UNFINISHED BUSINESS. The Conveut'on proceeded to the consideration of the •unfinished business, which was the report of the Com- mittee on Taxation. The question was upon the amendment to Section 1 of the article reported by the Couimittee on Taxation, said amendment, offered by Mr. Samford, was again read as follows : Add in the fifth line, Section 1, after the word "value'' ■"and no license or other tax shall ever be imposed for Constitutional Convention. 455 the inspection of any article of merchandise used for fertilizer." Mr. Espy offered the following amendment to the :amenment offered by Mr. Samford: Amend amendment so as to read as follows : And after September 1st, 1903, no license or other tax shall €ver be levied or collected for the inspection of any arti- cle of merchandise used for fertilizer, in excess of 10 -cents per ton. Mr. Palmer moved to table the pending amendment. RECESS. Pending the furtlier consideration of tlie motion of Mr. Palmer, the hour of 1 o'clock arrived and under the rules, the Convention recessed until 3 o'clock this afternoon. AFTERNOON SESSION. The Convention met pursuant to adjournment. roll call. On a call of the roll of the Convention, the following delegates answered to their names, which constituted a quorum : Messrs. President, Browne, Ashcraft, Bulger, Banks, ' Burnett, Barefleld, Burns, Beavers, Byars, Beddow, Cardon, Bethune, Carmichael (Colbert), Blackwell, Carmichael (Coffee), Boone, Carnathon, Brooks, Case, 456 Journal of Alabama Chapman, Cobb, Cofer, Coleman (Greene), Coleman (Walker), Cornwell, Craig, Cur-ningham, Davis (DeKalb), Dent, deGraffenried, Eyster, Espy, Ferguson, Fitts, Fletcher, Foshee, Foster, Freeman, Gilmore, Glover, Graham (Montgomery), Graham ( Talladega ) , Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hinson, Hood, Howell, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Hale), Jones (Wilcox),. King, Kirk, Knight, Kyle, Ledbetter, Leigh, Long (Bjitler), Long (Walker), Lowe (Jefferson), Lowe (Lawrence), Macdonald, McMillan (Baldwin),. McMillan (Wilcox), Malone, Martin, ^faxwell, Merrill, Miller (Marengo). Miller (Wilcox), Moody, Morrisette, Mulkey, Murphree, Norman, Norwood, Gates, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore),, Pearce, Pettus, Pillans, Pitts, Porter, Proctor, Kep.«o, Constitutional Convention. 457> Eeynolds (Henry), Spears, Kobinson, Spragins, Kogers (Lowndes), Stewart, Kogers (Sumter), Tajloe, Samford, Thompson, Sanders, Waddell, Sanford, Walker, Searcy, Watts, Selheimer, Weakley, Sentell, White, Sloan, Whiteside, Smith (Mobile), Williams (Barbour), Smith, Mac. A., Williams (Marengo), Smith, Morgan M., AYilson (Clarke), Sollie, Wilson (Washington), Sorrell, Winn— 134. LEAVE OF ABSENCE. W^as granted to Messrs. Thompson for Thursday ,> Friday and Saturday; and Jones, of Montgomery, for this afternoon. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the- unfinished business, which was the report of the Com- mittee on Taxation, The question being upon the motion of Mr. Palmer to table the amendments offered to Section 1 of said report. By unanimous consent Mr. Palmer withdrew the mo- tion to table. The amendments were discussed at length. Mr. Long, of Walker, moved to table the amendment offered by Mr. Samford, and the amendment to the- amendment offered by Mr. Espy. The motion prevailed, and the amendments were laid' upon the table. Yeas, 68; nays, 63. 458 Journal of Alabama Messrs. Asbcraft, Beddow, Bethune, Boone, Brooks, Browne, Burnett, Carnathon, Cobb, Coleman (Greene), Craig, deGraffenried, Eyster, Ferguson, Foster, Glover, Grabam (Montgomery), Grabam (Talladega). Orant, Greer (Perry), Harrison, Hood, Howze, Inge, Jackson, Jenkins, Jones (Wilcox), Kirk, Kyle, I^edbetter, Locklin, Long (Walker), Lowe (Jefferson), McMillan (Baldwin), YEAS. Martin, Merrill, Miller (Wilcox), Morrisette, Norman, Norwood, Gates, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, Palmer, Parker (Cullman), Parker (Elmore), Pettus, Pillans, Pitts, Robinson, Rogers (Lowndes), Samford, Sanders, Selbeimer, Sentell, Smitb (Mobile), Stewart, Tavloe, Waddell, Walker, Watts, Weakley, Weatberly, Williams (Barbour), Williams ( Marengo ) , Wilson (Clarke). Wilson ( Wasbington ) — 68. NAYS. Messrs. Almon, Altman, Banks, Barefield, Bartlett, Reavers, Constitutional Convention. 459 Blackwell, Bulger, Burns, Byars, Cardon, Carmichael (Coffee), Case, Chapman, Cofer, Coleman (Walker), TJivis (DeKalb), Espy, Fitts, Fletcher, Foshec, Freeman, Gilmore, •Grayson, Greer (Calhoun), Haley, Hand ley, Heflin (Chambers), Heflin ^Sandolph), Henderson, Jones (Bibb), Jones (Hale), Knight, Leigh, Lowe (Lawrence), Macdonald, Malone, Maxwell, Miller (Marengo), Moody, Mulkey, Murphree, O'Rear, Pearce, Pliillips, Porter, Proctor, Reese, Reynolds (Henry), Rogers (Sumter), Sanford, Searcy, Sloan, Smith, Mac. A., Smith, Morgan M., Sollie, Sorrell, Spears, Spragins, Thompson, White, Whiteside, AVinn— 63. PAIRS announced. The following pairs were announced : Messrs. Hinson and Carmichael, of Colbert ; Cunning- ham and McMillan, of Wilcox. Messrs. Hinson and Cunningham Avould vote aye; and Messrs. Carmichael, of Colbert, and McMillan, of Wilcox, would vote nav. motion to take from the table. Mr. Samford changed his vote from nav to ave and 460 Journal of Alarama gave notice that he would, ou to-morrow, move to take from the table the amendments to Section 1 of the Arti- cle XI reported by the Committee on Taxation. SECTION ONE. Mr. White offered the following amendment to Section 1 of the Article XI, reported by the Committee on Tax- ation, which was read at length : Amend Section 1 of Article XI as reported by the Committee on Taxation b}- adding after the word "value" in the fifth line of said section, the following: "No tax for inspecting any merchandise or commodity shall be- imposed or collected in excess of an amount sufficient to pay for the actual cost of the inspection thereof." ADJOURNMENT. Pending the further consideration of the amendment^ and the Article XI reported by the Committee on Tax- ation, the hour of 5 o'clock p. m. arrived, and under the rules, the Convention adjourned until to-morrow morning at 10 o'clock. THIRTY-FIRST DAY. Convention Hall. Montgomery, Ala., Thursday, June 27, 1901. The Convention met pursuant to adjournment. Prayer was offered by Rev. Dr. Lamar. ROLL CALL. On a call of the roll of the Convention, the following delegates answered to their names, which constituted a quorum : Constitutional Convention. 461 Messrs. President, Almon, , Aslicraft, Banks, Barefield, Bartlett, Beavers, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Bulger, Burnett, Burns, Byars, Oardon, Carmichael ( Colbert ) , Carmichael (Coffee), Carnathon, Case, Chapman, Cobb, Coleman (Greene), Coleman (Walker), Cornwell, Craig, Cinmingham, Davis (DeKalb), Davis (Etowah), Dent, deGraffenried, Duke, Eley, Eyster, Espy, Fergusc n, Fitts, Fletcher, Foshee, Foster, Fjeeman, Gilmore, Glover, Graham ( Montgomery ) , Graham (Talladega), Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Hend2rson, Hinson, Hodges, Hood, Howell, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), King, Kirk, Kirkland, Knight, Kyle, Ledbetter, Leigh, Locklin, Lomax, Long (Butler), Long (Walker), Lowe ( Jefferson ) , Macdonald, 462 Journal of Alabama McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Morrisette, Mulkey, Murphree, NeSmith, Norman, Norwood, Oates, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Pitts, Porter, Proctor, Eeese, Reynolds (Chilton), Reynolds (Henry), Robinson, Rogers (Lowndes),. Rogers (Sumter), Samford, Sanders, Sanford, Searcy, Selheimer, Sentell, Sloan, Smith (Mobile), Smith, Mac. A., Smith, Morgan M., Sollie, Sorrell, Spears, Spragins, Stewart, Studdard, TsLjloe, Waddell, Walker, Watts, Weakley, Weatherlv, White, ^^lliteside, Williams ( Barbour ) , Williams (Marengo), Williams (Elmore), Wilson (Clarke). Wilson (Washington) Winn— 149. LEAVE OF ABSENCE. Was granted to Messrs. Handley indefinitely; Lowe, of Lawrence, for to-day and to-morrow; Renfro for to- day, Friday and Saturday; Jones, of Montgomery, for to-day ; Lomax for yesterday ; Altman for to-day ; Duke for yesterday afternoon. Constitutional Convention. 463 REPORT OF THE COMMITTEE ON THE JOURNAL. The chairman of the Committee on the Journal sub- mitted the folloAving report, which was concurred in : The Committee on the Journal beg leave to report that they have examined the Journal for the thirtieth day of the Convention and that the same is correct. Respectfully submitted, John F. Proctor^ Chairman. RESOLUTIONS. The following resolutions were offered, severally read one time at length, and referred to appropriate com- mittees, as follows : Kesolution No. 195, by Mr. Carmichael, of Colbert : Resolved by the Convention, That the engrossing and enrolling clerk oT the Convention be and the same is hereby authorized to employ such assistants as may be necessary to properl}^ discharge the duties of that ofiflce. This resolution shall take effect on and after the 24th day of June. Resolution No. 196, by Mr. Watts: Be it resolved : That the privileges of the floor of this Convention are hereby extended to Alabama's distin- guished son, Hon. Hiliary A. Herbert, ex-Secretary of the Navy. Be it further resolved, That on Friday, the 28th inst., this Convention recess from 12 to 3 p. m. instead of from 1 to 3 p. m., and that the Convention remain in session until 6 p. m. in order that the Alabama Bar Association may have the use of this hall for the purpose of hearing the address of Hon. Hiliary A. Herbert to said associa- tion. Mr. Watts moved that the rules be suspended and that the resolution be adopted. The motion prevailed, and the rules were suspended, and the resolution was adopted. Resolution 197, by Mr. Lomax : Resolved, That the sum of |T.50 be and the same is -464 Journal of Alabama hereby appropriated to pay for stenog-rapliic work for the Committee on Preamble and Declaration of Kights. The resolution was referred to the Committee on Schedule, Printing and Incidental Expenses. Resolution No. 198, by Mr. Ferguson: A greeting from the people of Alabama to the people of Cuba: Be it resolved by the people of Alabama, in Conven- tion assembled. That we extend our congratulations to the people of Cuba upon the termination of their woes borne so grieviously for so many generations, and we welcome them to the great family of self-governing na- tions, and hope that some day Cuba, untrammelled, and of her own free will, may become our younger sister in the mighty union of States. Be it further resolved. That the Department of State at Washington be and is hereby requested to convey through the proper official channels, this testimonial of our good will toward the people of Cuba. That the same may be laid before the Constitutional Convention of the Island of Cuba. The resolution was referred to the Committee on Rules. Resolution No. 199, by Mr. Howell : Resolved, That whatever clerical assistance may be necessary to be employed by the enrolling and engross- ing clerk of this Convention, it be paid for at the rate of 15 cents per hundred words for such assistant cleri- cal work. The resolution was referred to the Committee on Rules. Mr. Carmichael, of Colbert, offered the following amendment to the resolution 199, which was accepted by the author of said resolution : Enrolling and engrossing clerk be authorized to em- ploy such clerical assistance as she needs, to be paid for at the rate of 15 cents per 100 words. Mr. Howell moved that the rules be suspended and that the resolution be adopted. Mr. Proctor moved to table the resolution. Constitutional Convention. 465 'The motion to table Avas lost. Mr. Howze moved to refer the resolution 199 to the ^Committee on Kules. The motion prevailed, and the resolution was referred to the Committee on Kules. MEMORIALS. A memorial from the Sheriffs', Clerks' and Registers' Association of Alabama was read at length, and the same was, upon motion of Mr. Pettus, referred to the Committee on Executive Department. stenographic report. Mr. Whiteside called the attention of the Convention to certain errors in the stenographic report of the pro- ceedings of the Convention of yesterday. The report was ordered corrected. SPECIAL ORDER. Mr. Fletcher, chairman of the Committee on Banks and Banking, asked unanimous consent to have the report of the Committee on Banks and Bank- ing, heretofore submitted, set for a special order immediately after the conclusion of the consideration of the report of the Committee on State and County Bounda ries. Consent was granted and the report of the Commttee on Banks and Banking was made a special order as above requested. KEPORT OF standing COMMITTEES. LEGISLATIVE DEPARTMENT. Mr. Gates, chairman of the Committee on Legislative Department, submitted the following report, which was read at length, and placed upon the calendar, and ■ 300 copies of said report were ordered printed : 30 466 Journal op Alabama report of the committee on legislative department^ Mr. President: The Committee on Legislative Department instruct me to report tlie accompanying ordinance to supply the place of the article in the present Constitution on the- subject. Without deeming it necessary to report specially up- on the numerous ordinances and resolutiojis referred to it, the committee has carefully considered them, and substantially embodied in the new article a number of the propositions which they embrace. The ordinance herewith reported will show to what extent their pro- visions have been adopted. These ordinances and reso"- lutions are herewith respectfully returned. The provisions of the following sections of Article IV of the present Constitution are recommended for adoption without change : 4, 6, 7, 10, 11, 12, 13, 14, 16, 18, 19, 21, 25, 26, 28, 30, 33, 34, 35, 36, 39, 40, 41, 43, 44, 47, 48, 50, 51, 53, 55, and 56 down to and including Sec- tion 7, they have identical numbers in both articles. From 10 to 20 inclusive the corresponding matter is incorporated in sections of the new article, numbered in each instance one less than the old; from 25 to 28 inclusive three less, and after 28 two less. In the following statement, the material changes recommended by your committee are set forth in the order to which they relate to sections of Article IV of. the present Constitution, as numbered therein. To conform to the usual and popular expression, the title of the Legislative Department is changed in Sec- tion 1 from "General Assembly'" to "Legislature." This amendment extends throughout the article. By an addition to Section 2 the enacting clause of the bills, etc., is not to be repeated, but sectional divisions are to be made, and designated by figures merely. This is done in the interest of brevity, and to prevent need- less formality in the style of enactments. Section 3 is changed in the respect that the terms of Kepresentatives and Senators alike shall be four years.. Constitutional Convention. 467 The provisions of Section 9 for issuance of writs of election by the (loveruor to fill vacancies is transposed to Section 3. Provision is made that Senators and Rep- resentatives shall be elected by the qualified electors on the first Monday in August, 1902, and every four years thereafter, unless the Legislature shall change the time of holding electons; and that the terms of office of both Senators and Representatives shall be four years. How- ever, as the Senators from the odd numbered districts have still two years to serve, the chairnum of this com- mittee recommends that the election of Senators in the even numbered districts at the general electirn in 1902 shall be for the term of two years only, and that there- after all the Senators and Representatives shall be elected to serve four years; and he also recommends that the Governor, Lieutenant Grovernor, Secretary of State, Auditor, Treasurer, Superintendent of Educa- tion, Commissioner of Agriculture and Industries, the Attorney General, and all the Judges and county offi- cers, including Sheriffs, be elected at the general elec- tion in 19u4, to serve for four years, or, in case of the Judges, said Judges to serve for eight years, should it be deemed advisable to lengthen their terms. Section 5 is changed so as to provide for quadrennial instead of biennial sessions of the Legislature. In view of the prohibitions to be placed on the legislative power to pass local laws, there will be hereafter neither a de- mand nor a necessity for biennial sessions. The change is recommended on the additional grounds that it will prevent hasty and ill-advised attempts to repeal general laws before they have been long enough in force to ad- mit of a fair test of their merits, and it will also con- duce, by removing early opportunity for repeal, to ma- ture and careful deliberation by the Legislature. The tendency to permanency of the legislative enactments will be greatly increased, and much expense saved to the State. Section 8 is amended so as to add to its present re- quirements, that the House, as well as the Senate, shall elect one of its members Speaker at such times, other 468 Journal of Alarama than the beginning of the session as may be necessary ; and further, that in case of temporary disability of either presiding officer, tlie House to which he belongs, may elect, from among its members, a temporary pre- siding officer to take the place of the regular one dur- ing the latter's disability, and to receive, during such time, only the compensation to which the permanent officer is entitled. Section 9 of the present article, except the portion transferred to Section 3, as hereinbefore indicated, is omitted from the new article. To prevent lobbying. Section 15, is amended so as to confine the privileges of the floor of either or both Houses, to members of the Legislature, officers and em- ployes of each House, the Governor and his Secretaries, representatives of the press, and such other persons as to whom either House, by unanimous vote, may extend the privileges of its floor. Section 17 of the new article, all officers, military as well as civil, are included in the prohibition against appointment of Senators and Representatives, during the term for which they were elected, to an office created or receiving added emoluments, during such term. To Section 20 are added the requirements that the reference of bills therein provided for must be to a standing committee of each House, that the action of such committees thereon must be had in session, and that the facts of reference, action in session, and re- turn must affirmatively appear on the Journal of each House. For Section 22 the committee reports a substitute, emliodying the requirements of the present section, and extending them to all amendments in either House, with the added requirement that every amendment must be entered at length on the Journal of the House in which the same is adopted. The matters embraced in Sections 23 and 24 are fully covered by the report of the Committee on Local Legis- lation and the report supplementary thereto heretofore made by this committee. Constitutional Convention. 4G9' To Section 27 are added the requireinents that im- mediately before being signed by the respective pre- siding officers, every bill shall be read at length, and the fact of such reading and signing entered on the Journals, but that the reading may be dispensed with by two-thirds of a quorum present, which shall be en- tered on the Journal. The operation of Section 29 is enlarged to expressly prohibit any county or municipalit}' from increasing^ the pay of officers, employes, or contractors, after serv- ice rendered or contract made. To Section 31, relating to the origin of revenue bills, is added a requirement that at the beginning of each regular session the Governor, Auditor, Treasurer, and Attorney General shall have prepared a general revenue bill, to be printed by the Secretary of State, and by the Governor laid before the House as soon as organized. This is deemed advisable in aid of the Legislature. A prohibition is added that no revenue bill is to be passed during the last five days of the session, the object being^ to avoid hasty legislation on matters of such moment, and allow the Governor ample time to consider such bills. By the amendation of Section 32, no salary is to be increased by the general appropriation l)ill and no ap- propriation made for any officer or employe, unless his employment and the amount of his salary have already been provided for by law. To Section 37 is added a provision that by a two- thirds vote of each House, the Legislature, when con- vened in extra session, may legislate upon subjects other than those designated in the calling proclamation of the Governor. To the existing provisions of Section 42 are added amendments, which make the offense of corrupt solici- tation of members of the Legislature and other officers therein designated, punishable by imprisonment in the penitentiary, and which require the Legislature to pro- vide : 470 Journal of Alabama First — For the trial and punishment of these and like otTenses; and Second — For the same to be given in charge to the Grand Juries in all the counties of the State. Section 46 is changed in conformity to less frequent sessions of the Legislature, so as to require a codifica- tion of the statutes following that next after ratifica- tion of this instrument, once every twelve instead of ten years. By addition to Section 49, it is made the duty of the Legislature to require the several counties to make ade- quate provisions for indigent idiots and insane persons. From Section 52 the committee has struck out the prohibition against the power to tax i^roperty of agri- cultural or horticultural associations, so as to allow the Legislature to imj^ose a tax upon such property. This section is further changed so as to confine the prohibi- tion against taxing school property to that of public schools. The prohibitions of Section 54 are modified to the extent of permitting the State to construct and own a railroad within its borders. This nmy become neces- sary to relieve the people from trusts or monopolies, or from unreasonable exactions on freights and passen- gers. Your committee recommend a number of new sections •which are restrictive on legislative power, namely : Against enacting laws for one or more counties, not applicable to -ill counties in the State; regulating costs and charges of courts and fees of officers ; Against aut^^orizing payment of the salary of a de- ceased officer beyond the date of his death ; Against retiring any officer on pay, or part pay, or making any grant to such retiring officer ; Against donating, directly or indirectly, lands owned by or under the control of the State, nnd auainst sell- ing such lands to corporations or associations for less price than subject to sale to individuals; Against the remittance, release, postponement, di- minution or extiniiuishment of any obligation or lia- Constitutional Convention. 471 bility of any persons, corporation, or association to tliis State, or to any political subdivision thereof, unless upon paj^ment into the proper treasury, except that the Legislature is authorized, by general law, to provide for the compromise of doubtful claims. These prohibitions are comprised in Sections 55 to 59, both inclusive, of the article herewith reported. Your committee also report other new provisions as follows : Sec. 27. Limiting aggregate appropriations during any regular session of the Legislature to the income from the revenues of the State for the current fiscal year, as estimated by the Governor and Auditor. Sec. 60. Requiring the Legislature to provide, by gen- eral laws, for location or removal of county seats by a vote of the people. Sec. .61. Prohibiting State or County officials from lol)bying, or otlierwise interfering with the usual course of legislation. Sec. 62. Prohibits the Legislature from ever author- izing miscegenation, by intermarriage of any white per- son with a negro, or descendant thereof, to the third generation inclusive. This is recommended, looking to the preservation of the purity of blood of each of the races. Section 63 is a new section requiring the Legislature to pass efficient laws for the regulation and reasonable restraint of trusts, monopolies and combinations of capital, so as to protect the people against exorbitant prices upon articles of necessity, and to protect reason- able competition in any calling, trade, or business. Sec. 64. Prescribing a new and more appropriate oath of office, to be administered to Senators and Repre- sentatives, than the one which they now take. Respectfully submitted, William C. Gates, Chairman. An ordinance to create and define the Legislative De- partment. Be it ordained by the people of Alabama, in Conven- tion assembled. That Article IV of the Constitution be 472 Journal of Alabama > stricken out, and the following article inserted in lieu, thereof : ARTICLE — LEGISLATIVE DEPARTMENT. Section 1. The legislative power of this State shall be vested in a Legislature, which shall consist of a Sen- ate and House of Kepresentatives. Sec. 2. The style of the laws of this State shall be : "Be it enacted by the Legislature of Alabama," which shall not be repeated, but the act shall be divided into sections for convenience, according to substance, and the sections designated merely by figures. Each law shall contain but one subject, which shall be clearly expressed in its title, except general appro- priation bills, general revenue bills, and bills adopting a code, digest, or revision of statute; and no law shall be revived, amended or the provisions thereof extended or conferred, by reference to its title only ; but so much thereof as is revived, amended, extended, or conferred, shall be reenacted and published at length. Sec. 3. Senators and Kepresentatives shall be elected, by the qualified electors on the first Monday in August, nineteen hundred and two, and every four years thereafter, unless the Legislature shall change the time of holding elections ; the tenns of office of the Senators and Representatives shall be four years, commencing on the day after the general election, except as otherwise' provided in this Constitution. Whenever a vacancy shall occur in either House the Governor shall issue a writ of election to fill such vacancy for the remainder of the term. Sec. 4. Senators shall be at least twenty-seven years of age, and Representatives tAventy-one years of age; they shall have been citizens 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- Constitutional Convention. 473 district from which the same shall have been taken; and they shall reside in their respective counties or dis- tricts during their terms of service. Sec. 5. The Legislature shall meet quadrennially, at the Capitol in the Senate Chamber and in the Hall of the House of Kepresentatives, (except in cases of the destruction of the Capitol, or epidemics, when the Gov- ernor may convene them at such place in the State as he may deem best), on the day specified in this Consti- tution, or on such other day as may be prescribed by law; and shall not remain in session longer than sixty days at the first session held under this Constitution, nor longer than fifty days at any subsequent session. Sec. 0. The pa}^ of members of the Legislature shall be four dollars per day and 10 cents iDer mile in going to and returning from the seat of government, to be computed by the nearest usual route traveled. Sec. 7. The Legislature shall consist of not more than thirty-three Senators, and not more than one hun- dred members of the House of Representatives; to be apportioned among the several districts as prescribed in this Constitution ; provided, that upon the creation of any new county it shall be entitled to one Kepresen- tative in addition to the number above named. Sec. 8. The Senate, at the beginning of each regular session, at at such other times as may be necessary, shall elect one of its members President thereof, to pre- side over the deliberations in the absence of the Lieuten- ant (xovruor; and the House of Representatives, at the beginning of each regular session, and at such other time as may be necessary, shall elect one of its mem- bers as Speaker; and the President of the Senate and the Speaker of the House of Representatives shall hold their offices respectively until their successors are elected and qualified. In case of temporary disability of either of said presiding officers, the House to which he belongs may elect one of its members to preside over that House and to perform all the duties of such officer under disabilitv during the continuance of the same; and such temporary officer, while performing duty as; -474 Journal of Alabama such, shall receive only the same compensation to whicTi the permanent officer is entitled by laAy. Each House shall choose its o^yn officers and. shall judge of the elec- tion, returns and qualifications of its members. Sec. 9. A majority of each House shall constitute a quorum to do business; but a smaller number may ad- journ from day to day and may compel the attendance of absent members, in such manner and under such pen- alties as each House may proyide. Sec. 10. Each House shall haye power to determine the rules of its proceedings and to punish its members or other persons, for contempt or disorderly behavior in its presence; to enforce the obedience to its process; to protect its members against yiolence, or offers of bribe or corrupt solicitation; and ^vith the concurrence of t\vo-thirds of either House, to expel a member, but not a second time for the same offense; and shall have all the po\yers necessary for the Legislature of a free State. Sec. 11. A member of either House expelled for cor- ruption shall not thereafter be eligible to either House, and punishment for contempt or disorderly behavior shall not be an indictment for tbe same offense. Sec. 12. Each House shall keep a Journal of its pro- ceedings and cause the same to be published immediate- ly after its adjournment, excej)ting such parts as, in its judgment, may require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one-tenth of the members present, be entered on the Journal. Any member of either House shall have liberty to dissent from or protest against any act or resolution which he may think injurious to the public, or an individual, and have the reasons for his dissent entered on the Journal. Sec. 13. Members of the Legislature shall, in all cases, except treason, felony, violation of their oath of office, and breach of the peace, be privileged from ar- rest during their attendance at the session of their re- spective Houses, and in going to and returning from the same; and for any speech or debate in either House Constitutional Convention. 475 the}' shall not be qiiestioued in an}- other place. See. 14. The doors of each House shall be opened ex- cept on such occasions as, in the opinion of the House, may require secrecy, but no person shall be admitted to -the floor of either House while the same is in session, except members of the Legislature, the officers and em- ployes of the two Houses, the G'overnor and his secre- taries, representatives of the press, and such other per- sons to whom either House, "bv unanimous vote, may ex- tend the privileges of its floor. Sec. 15. Neither House shall, without consent of the other, adjourn for more than three days, nor to any other place than tbat in which they ma}' be sitting. Sec. 16. No Senator or Representative shall, during the term for which he shall have been elected, be ap- pointed to any ofhce of profit under this State, which shall have been created, or the emoluments of which shall have been increased during such term, except such offices as may be filled by election by the people. Sec. 17. No person hereafter convicted of embezzle- ment of the public money, bribery, perjury, or other in- famous crime, shall be eligible to the Legislature, or capable of holding any office of trust or profit in this State. Sec. 18. No law shall be passed except by bill, and no bill shall be so altered or amended on its passage through either House as to change its original purpose. Sec, 19. No bill shall become a law until it shall have been referred to a standing committee of each House, acted upon by the committees in session, and returned therefrom, which fact shall affirmatively appear upon the Journal of each House. Sec. 20. Every bill shall be read on three different •days in each House, and no bill shall become a law un- less on its final passage it be read at length, and the vote be taken by yeas and nays, the names of the mem- bers voting for and against the same to be entered on the Journal, and a majority of each House be recorded thereon as voting in its favor, except as otherwise pro- Tided in this Constitution. 476 Journal of Alarama Sec. 21. No amendment to bills shall be adopted ex- cept by a majority of the House wherein the same is offered, nor unless the amendment with the name of those voting for and against the same shall be entered at length on the Journal of the House in which the same is adopted, and no amendment to bills hj one House shall be concurred in by the other, unless by a vote taken by yeas and nays, and the names of the mem- bers voting for and against the same be recorded at length on the Journal ; and no report of a committee of conference shall be adopted in either House, except upon a vote taken by yeas and nays, and entered on the Jour- nal, as herein provided for adoption of amendments. Sec. 22. The Legislature shall pass general laws under which local and private interests shall be pro- vided for and protected. Sec. 23. The Legislature shall have no power to authorize lotteries or gift enterprises for any purpose, and shall pass laws to prohibit the sale of lottery or gift enterprise tickets, or tickets in any scheme in the nature of a lottery, in this State; and all acts, or parts of acts heretofore passed by the Legislature of this State^ authorizing a lottery or lotteries and all acts amenda- tory thereof, or supplemental thereto, are hereby avoided. Sec. 24. 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 Legislature, after the same shall have been publicly read at length, immediately before the signing, and the fact of reading and signing shall be entered upon the Journal ; but the reading at length may be dispensed with by a two-thirds vote of a (luorum present, which fact shall also be en- tered on the Journal. Sec. 25. The Legislature shall prescribe the nundier, duties and compensation of the officers and employes of each House, and no payment shall be made from the State Treasury or be in any way authorized to any per- son except to an acting officer or employe elected or appointed in pursuance of law. Constitutional Convention. 477 Sec. 26. The Legislature shall have no power to grant •or to authorize or require an}' 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 em- ploye, agent or contractor, after services shall have been rendered or contract made; nor shall any officer of the State bind the State to the payment of am- sum of money but by authority of law. Sec. 27. During any regular session of the Legislat- ure the aggregate appropriations made shall not exceed in amount the income from the revenues of the State for the current fiscal year, as estimated by the Governor and Auditor. Sec. 28. All stationery, printing, paper and fuel used in the legislative and other departments of government shall be furnished and the printing and distribution of laws. Journals, department reports and all other print- ing and binding and repairing and furnishing the halls and rooms used for the meeting of the Legislature and its committees, shall be performed under contract, to be given to the lowest responsible bidder below a maxi- mum price, and under such regulations as shall be pre- scribed by law ; no member or officer of any department of the government shall be in any way interested in such contracts, and all such contracts shall be subject to the the approval of the Governor, Auditor and Treasurer. Sec. 29. All bills for raising revenue shall originate in the House of Kepresentatives ; but the Governor, Auditor, Treasurer and Attorney General shall, before each regular session of the Legislature, prepare a gen- eral revenue bill, to be submitted to the Legislature for its action, and the Secretary of State shall Imve printed for the use of the Legislature a sufficient number of copies of the bill so prepared which the Governor shall transmit to the House of Representatives as soon as or- ganized. The Senate may propose amendments to reve- nue bills. No appropriation or revenue bill shall be passed during the last five days of the session.- Sec. 30. The general appropriation bill shall em- 478 Journal of Alarama, brace notliiug but ai)propriations for the ordinar}- ex- penses of the Executive, Legislative and Judicial de- partments of the t^tate, interest on the public debt, and for the public schools. The salary of no officer or em- plo3^e shall be increased in such bill, nor shall an^' ap- propriation be made for any officer or employe unless his employment and the amount of his salary have al- ready been provided for by law. All other appropria- tions shall be made by separate bill, and each embrac- ing but one subject. Sec. 31. No money shall be paid out of the Treasury except upon appropriation made by law, and on war- rant drawn by the proper officer in pursuance thereof; and a regular statement and account of receipts and ex- penditures of all public moneys shall be published an- nually, in such manner as may be by law directed. Sec. 32. No appropriation shall be made to any charitable or educational institution not under the ab- solute control of the State, other than normal schools established l)y law for the professional training . of teachers for the public schools of the State, except by vote of two-thirds of all members elected to each House. Sec. 33. No act of the Legislature shall authorize the investment of any trust fund by executors, adminis- trators, guardians and other trustees in the bonds or stock of any private corporation; and any such acts now existing are avoided, saving investments hereto- fore made. Sec. 34. The power to change the venue in civil and criminal cases is vested in the courts, to be exercised in such manner as shall be provided by law. Sec. 35. When the Legislature sh.all be convened in special session there shall be no leoislation upon sub- jects other than those designated in the proclamation of the Governor calling such session, except by a vote of two-thirds of each House. Sec. 36. No State office shall be continued or created for the inspection or measuring of any merchandise, manu- factured or commodity, but any county or municipnlitv may appoint such officers when authorized by law. Constitutional Convention. 479- Sec. 37. No act of the Legislature changing the seat of governnient of the State shall become a law until the same shall have been submitted to the qualified electors of the State at a general election, and approved by a majorit}^ of such electors voting on the same ; and such act shall specify the proposed neAv location. Sec. 38. A member of the Legislature who shall cor- ruptly solicit, demand or receive, or consent to receive, directly or indirectly, for himself or for another, from any coinpan}^, corporation or person, any money office, appointment, employment, reward, thing of value, or enjoyment, or personal advantage or promise thereof, for his vote or official influence or for withholding the same, or with an understanding, expressed or implied, that his vote or official action shall in any way be in- fluenced, thereby; or who shall solicit or demand any such money or other advantage, matter or thing afore- said, for another as the consideration of his vote or offi- cial influence, or for withholding the same; or shall give or withhold his vote or influence in consideration of the payments or promise of such money, advantage, matter or thing to another, shall be guilty of bribery within the meaning of this Constitution ; and shall incur the disabilities provided thereby for such offense, and such additional punishment as is or shall be provided by law. Sec. 39. Any person who shall directly or indirectly offer, give or promise any money, or thing of value, tes- timonial, privilege, or personal advantage, to any exe- cutive or judicial officer or member of the Legislature to influence him in the performance of any of his public or official duties, shall be guilty of bribery and be pun- ished in such manner as shall be provided by law. Sec. 40. The offence of corrupt solicitation of mem- bers of the Legislature or of public officers of this State or of any municipal division thereof, and any occu- pation or practice of solicitation of such meml)ers or officers, to influence their official action, shall be defined by law, and shall be punished by fine and imprisonment in the penitentiary; and the Legislature shall provide 480 Journal of Alarama for the trial and punishment of the offenses enumerated in the two preceding sections, and shall require the Judges to give the same specially in charge to the Grand Juries in all the counties of this State. Sec, 41. A member of the Legislature who has a per- sonal or private interest in any measure or bill, pro- posed or pending before the Legislature, shall disclose the fact to the House of which he is a member, and shall not vote thereon. Sec. 42. In all elections by the Legislature, the mem- bers shall vote viva voce, and the votes shall be entered on the Journals. Sec. 43. It shall be the duty of the Legislature to pass such laws as may be necessary and proper to decide -differences by arbitrators, to be appointed by the par- ties, who may choose that mode of adjustment. Sec. 44. It shall be the duty of the Legislature, at its first session after the ratification of this Constitu- tion, and within every subsequent period of twelve years, to make provision by law for the revision, digest- ing and promulgation of the public statutes of this State, of a general nature, both civil and criminal. Sec. 45. The Legislature shall pass such penal laws as they may deem expedient, to suppress the evil prac- tice of dueling. Sec. 46. It shall be the duty of the Legislature to Tegulate by law the cases in which deduction shall be made from the salaries of public ofKicers for neglect of duty in their ofiticial capacities, and the amount of such deduction. Sec. 47. It shall be the duty of the Legislature to re- quire the several counties of this State to make ade- quate provision for the maintenance of the poor, indi- gent, idiots and insane persons. Sec. 48. The Legislature shall not have power to authorize any municipal corporations to pass any laws inconsistent with the general laws of this State. Sec. 49. In the event of annexation of any foreign territory to this State, the Legislature shall enact laws extending to the inhabitants of the acquired territory Constitutional Convention. 481 all the rijj^lits and privilei>es which mar be required by the terms of the ac(]iiisiti(»n, aiiythiiiii in this Constitu- tion to the contrary notwithstanding. Sec. 50. The Legislature shall not tax the property, real or personal, of the State, counties or other muni- cipal corporations, or cemeteries; nor lots in incorpor- ated cities or towns, or within one mile of any city or town, to the extent of one acre, nor lots one mile or more distant from such cities or towns, to the extent of five acres, with the buildings there(»n, when the same are used exclusively for religious worship, for public schools or for purposes purely charitable. Sec. 51. The Legislature shall, by law, prescribe such rules and regulations as may be necessary to ascertain the value of personal and real property, exempted from sale under legal process by this Constitution ; and to secure the same to the claimant thereof as selected. Sec. 52. The State may construct and own works of internal improvement, having for their object the con- vej^ance or transportation of passengers and freiijht, but shall not sell or mortgage such improvement, nor lend its money or credit in aid of such ; nor shall the State be interested in any private or corporate enterprise, or lend money or its credit to any individual, association or corporation. Sec. 53. The Legislature shall have no ])ower to authorize any county, city, town or other subdivision of this State to lend its credit, or to grant public money or thing of value, in aid of, or to any individual, asso- ciation or corporation whatsoever, or to become a stock- holder in any such corporation, association, or comi)any by issuing bonds or otherwise. Sec. 54. There can be no law of this State impairing the obligation of contracts by destroying or impairing the remedy for their enforcement; and the Legislature shall have no power to revive any right or remedy which may have become barred by lap.^e of time, or by any statute of this State. Sec. 55. The Legislature shall not enact any law for (one or more counties not api^licable to all the counties .31 482 Journal of Alabama in the State; increasing the uniform eliarge for the- registration of deeds and conveyances or regulating costs and cliarges of courts, or fees, commissions or al- lowances of public officers. Sec. 56. The Legislature shall not authorize payment to an}^ person of the salary of a deceased officer beyond the date of his death. Sec. 57. The Legislature shall not retire any officer on pay, or part pay, or make any grant to such retiring officer. Sec. 58. Lands belonging to, or under the control of the State shall never he donated directly or indirectly to private corporations or individuals, or railroad com- panies; nor shall such lands be sold to corporations or associations for a less price than that for which it is subject to sale to individuals; provided, that nothing contained in this section shall prevent the Legislature from granting a right of way, not exceeding 100 feet in width, as a mere easement, to railroads across State land, and the Legislature shall never dispose of the land covered by said right of way, except subject to said easement. Sec. 59. No obligation or liability of any person, as- sociation or corporation held or owned by this State, or by any county, or other municipality thereof, shall ever be remitted, released, or postponed, or in any way diminished, by the Legislature; nor shall such liability or obligation be extinguished except by payment there- of into the proper treasury ; nor shall such liability, or obligation be exchanged or transferred except upon payment of its face value; provided, that this section shall not prevent the Legislature from providing, b}^ general law, for the compromise of doubtful claims. Sec. 60. The Legislature shall provide, by general laws, for the location or removal of county seats by a vote of the people of the county to be affected. Sec. 61. No State or county official shall, at any time during his term of office, accept, either directly or indirectly, any fee, money, office, a])pointment, em])loy- ment, reward or thing of value, or of personal advan- Constitutional Convention. 483 tage, or the promise thereof, to lobby for or against any measure pending before the Legislature, or to give or withhold his influence to secure the passage or defeat of any such measure. Sec. 62. The Legislature shall never pass any law to authorize or legalize any marriage of any white person and a negro or descendant of a negro to the third gene- ration inclusive, though one ancestor of each generation be a white person. Sec. 63. The Legislature shall provide by law for the regulation and reasonable restraint of trusts, monopolies and combinations of capital, so as to prevent them from making, by such artificial means, articles of necessity, trade or commerce scarce or by increasing the cost thereof to the consumer, or by preventing reasonable competition in any calling, trade or business. Sec. 64. The Senators and Representatives shall, be- fore entering on their official duties, take the following oath, to- wit: "I, , do solemnly swear (or affirm, as the case may l)e), that I will support the Con- stitution of the United States and of the State of Ala- bama, and particularly observe and obey all the pro- visions of the latter relating to the Legislative Depart- ment, to the best of my ability, so help me God." question of privilege. Mr. Brooks arose to a question of privilege as a mem- ber of the committee, and challenged the correctness of the report as to Section on the subject of trusts,^ stating that the ordinance introduced by himself on that subject had been adopted by the committee after the subject had been three times considered, and that the chairman of the committee himself voted for it; that the report w^as not correct as to the action of the committee as to that section. Mr. Gates, chairman of the Committee on Legislative Department, moved that the ordinance 366, "To define a trust and to prohibit the same in this State," be printed with the report of the Committee on Legislative Depart- ment. 484 Journal of Alabama The motion prevailed and the ordinance was ordered printed, with the report of tlie connnittee. MINORITY REPORT. Mr. Gates stated to the Convention that Mr. Weath- erly, a meniher of the Conunittee on Legishitive Depart- ment, desired to submit a minority report, and moved that said member of the committee be allowed one day's time in which to file same. The motion prevailed, and Mr. Weatherly was grant- ed one day's time in which to prepare his report. SPECIAL ORDER. On motion of Mr, Gates, the report of the Committee •on Legislative Department be made a special order for 'Consideration immediately after the conclusion of the consideration of the report of the Committee on Banks and Banking. The motion prevailed and the report of the committee was set for a special order as above. AMENDING THE CONSTITUTION AND MISCELLANEOUS PROVISIONS. Mr. Foster, chairman of the Committee on Amending the Constitution and ■Miscellaneous Provisions, sub- mitted the following reports, which were read at length and idaced upon the calendar and 300 copies of said re- ports were ordered printed. Report of the Committee on Amending the Constitu- ti(m and Miscellaneous Provisions. Mr. rrcmlcnt : The Committee on Amending the Constitution and Miscellaneous Provisions beg leave to report herewith an ordinance to take the place of Article XVI of tlie present Constitution, The only matters in which the report of the commit- Constitutional Convention. 485 tee differs from the article in the present Coustitntion are the following: 1. Section II of the article in the present Constitu- tion is made Section 3 in the report. 2. A new section number 2 in the report has been added forbidding the increase or dimuntion of the com- pensation of any public otticer during the term for which he shall have been elected. Kespectfully subn.iitted, J. M. Foster, Chairman. An ordinance to anumd Article XVI of the Constitu- tion. Be it ordained by the people of Alabanui, in Conven- tion assembled, That Article XYI of the Constitution be stricken out, and the following article inserted in lieu thereof: ARTICLE — MISCELLANEOUS PROVISIONS. 1. Xo person holding an (tftice of profit under the United States, excejjt postmasters, whose annual sal- aries do not exceed |200, shall, during his continuance in such office, hold anv office of profit under this State; nor shall any person hold two offices of profit at one and the same time under this State, except Justices of the Peace, Xotaries Public, and Commissioner of Deeds. 2. The salary, fees or compensation of any officer holding any civil office of profit under this State or any county or municipal itv thereof shall not be increased or diminished during the term for which he shall have been elected or appointed. 3. It is made the duty of the General Assembly to enact all laws necessary to give effect to the provisions of this Constitution. Report of the Committee on Amending the Constitu- tion and ^riscellaneous Provisions. 486 Journal of Alabama Mr. President: The Committee on Amending the Constitution and Miscellaneous Provisions beg leave to report herewith an ordinance to take the place of Article XVII of the present Constitution. The committee does not report specially upon all ordi- nances referred to it, but has embodied the ideas of some of them in this report. All ordinances referred to your committee are herewith respectfully returned. The material particulars in which this report differs from the article in the present Constitution are as fol- lows : 1. Section 1 has been rewritten so as to require the assent of three-fifths of all the members elected to each House of the General Assembly, to proposed amend- ments before the same can be submitted to the people. The committee was aware that doubt existed as to whether the language of this article in the Constitution required two-thirds of all the members elected to each House, or only two- thirds of a quorum of each House, and that it was susceptible of the latter construction. The committee deemed it best that more than a majority of all the members elected to each House should ap- prove the amendments before they should be submitted, and thought it advisable to express the requirement in language that cannot "be misunderstood. 2. The General Assembly has been given the option of ordering that the proposed amendments be voted on at a general election, or at a special election called for that purpose, as it might think best. 3. A new section numbered 2 in the report, has been added. This section provides that on the ballot to be used at election on proposed amendments the subject matter of each amendment shall be ])rinted in language which shall clearly indicate the nature of the amend- ment. 4. Section 2 of the article in the present Constitution is numbered 3 in the report, and has been changed so as to prevent the call of a Constitutional Convention unless such call shall first receive the affirmative vote of a majority of all the members elected to each House Constitutional Convention. 487 of the General Assembly. This section has also been amended so as to forbid the repeal of an act calling a Constitutional Convention except at the same session of the General Assembly at which the act was passed. 5. A new section, numbered 4 in the report, has been added, requiring an aye and nay vote by the members of the General Assembly on all propositions to amend the Constitution, and to call a Constitutional Conven- tion. This section also makes it plain that the approval of the Governor is not necessary to give validity to any act or resolution of the General Assembly proposing amendments to the Constitution, or calling a Constitu- tional Convention. Kespectfully submitted, J. M. Foster, Chairman. An ordinance to prescribe the mode in which the Con- stitution may be amended. Be it ordained by the people in Convention assembled, That Article XVII of the Constitution be stricken out, and the following article inserted in lieu thereof: AETICLE XVII. mode op amending the constitution. 1. Amendments may be proposed to this Constitu- tion by the General iVssembly in the manner following: The proposed amendments shall be read in the House in which they originate on three several days, and if upon the third reading three-fifths of all the members elected to that House shall vote in favor thereof the proposed amendments shall be sent to the other House, in which they shall likewise be read on three several days, and if pr-o^i the t^nrd reading, three-fifths of all the members elected to that House shall vote in favor of the proposed amendments, the General Assembly shall order an elec- tion by the nualified electors of the State upon such pro- posed amendments, to be held either at the general elec- tion next succeeding tlie session of the General Assem- 488 Journal of Alabama bly at which the aiiieiitliiieiits are proposed or upon an- other day appointed by the (xeueral Assembly not less than three months after adjournment of the session of the General Assembl;^- at which the amendments are pro- posed. Notice of such election, toij;ether with the pro- posed amendments shall be given by proclamation of the Governor, which shall be published in every county in such manner as the General Assembh^ shall direct, for at least eight weeks successively next preceding the day appointed for such election. On the day so ap- pointed an election shall be beld for the vote of the qualified electors of the State on the proposed amend- ments. If such election be held (jn the day of the gen- eral election, the officers of the general election shall open a poll for the vote of the qualified electors on the proposed amendments ; if it be held on a day other than that of a general election, officers for such election shall be appointed and the election shall be held in all things in accordance with the law governing general elections^ In all elections upon such proposed amendments the votes cast thereat shall be canvassed, tabulated, and re- turns thereof made to the Secretary of State, and counted, in the same manner as is done in elections for Eepresentatives in the General Assembly, and if it shall thereui)on appear that a majority of the (lualified elect- ors who voted at such election ui)on the i)rop()sed amend- ments, in favor of the same, such amendments shall be valid to all intents and purposes, as parts of this Con- stitution. The result of such election sliall be made known by proclamati(Ui of the Governor. 2. Upon the ballots to be used at all elections pro- vided in Section 1 of this article, the substance or sub- ject matter of each proposed amendiiu'ut shall be printed so that the nature thereof shall ])e <*]early indicated, following each proposed amendment on the ballot shall be printed the words "Yes" and iunued lately following that shall be jn-inted the word "No." Tlie choice of the elector sliall be indicated by a cross mark before the answer he desires. 3. No convention shall hereafter be held for the pur- Constitutional Convention. 489' pose of altering or amendini; the Constitution of this State, unless after the Ceneral Assembly, by a vote of a majority of all the members elected to each House, has passed an act or resolution calling a Convention for such purpose, the question of Convention or No Conven- tion shall first be submitted to a vote of all the (qualified electors of the State, and approved by a majority of those voting at such election. No act or resolution of the Genej'al Assembly calling a convention for the purpose of altering or amending the Constitution of this State shall be repealed except upon the vote of a majority of all the members elected to each House at the same ses- sion at which such act or resolution was passed. 4. All votes of the General Assembly upon proposed amendments to this Constitution, and upon bills or resolutions calling a Convention for the purpose of al- tering or amending the Constitution of this State shall be taken by yeas and nays and entered on the Journals. No act or resolution of the General Assembly passed in accordance with the provisions of this article proposing amendments to this Constitution, or calling a conven- tion for the purpose of altering or amending the Con- stitution of this State shall be submitted for the ap- proval of the Governor, but shall be valid without his approval. Ueport of the Committee on Amending the Constitu- tion and Miscellaneous Provisions. Mr. President: Your Committee on Anu^nding the Constitution and ^riscellaneous Provisions, to which was referred ordi- nance No. 390, by Mr. Spears, of St. Clair, has instruct- ed me to report favorably the accompanying substitute for said ordinance. The committee was not unanimous as to the policy of adopting this ordinance, some of its members reserving the right to oppose its adoption. Under instructions frcmi the Committee, the chiar- man 'reports, for the information of the Convention, the facts showing the necessity of a court house in the district atfected, without recommendation as to the policy of ado])ting ordinances which are local in their 490 Journal of Alabama operation and within the province of the Legislature. St. Clair county is divided into two parts by Back Bone mountain, which runs entirely across the count}' from east to west. The two portions into which it is thus divided are nearly equal in area and population, while the larger portion of the wealth of the county is in that portion which lies south of the mountain. A greater portion of the litigation in the county origi- nates in the territory south of the mountain, and a greater number of the parties and witnesses who at- tend the courts in St. Clair county are from that terri- tory. The mountain is rugged and barren, and not inhabited. Immediately north of the mountain stretches a level plain called "The Flat Woods,-' which is also barren and uninhabited, and which, in wet weather, is boggy and difficult of passage. The roads over the mountain and through "The Flat Woods'' are almost impassable, and the character of the country over which they run is such that the revenues of the county are in- sufficient to put them in good condition. The onlv rail- road route between the portion of the county affected by this ordinance and the county seat is by way of Bir- mingham, a distance of 80 miles. There is no trade be- tween the residents on the south side of the mountain and the county seat. Attendance upon court is about the only business which takes people living on the south side of the mountain to the county seat. The people on both sides of the mountain seem to be practically united in the desire for a court house on the south side of the mountain. The above facts are stated upon information obtained from reputable citizens of St. Clair county who have been before your committee. These gentlemen were all Democrats except Col, Spears, who introduced the ordi- nance. This fact is stated so that the Convention may be informed that the adoption of this ordinance is de- sired by all the people, and not by those of one political faith only. The committee has had liefore it letters from the Pro- bate Judge and Circuit Ch^rk of St. Clair county, from Constitutional Convention. 491 the Solicitor of tlie circuit which embraces that countj, and from other prominent citizens of the county, among others Judge Inzer and Judge Greene, all recommend- ing the adoption of this ordinance, if the Convention sees fit to take up any matter of this kind. Respectfully submitted, J. M, Foster^ Chairman. An ordinance to provide for the establishment of a court house and jail at some point to be determined by an election by the people, in that portion of St. Clair which lies south and southeast of Back Bone mountain, and which is embraced in precincts numbered 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20 and 21, in said county. Be it ordained by the people of Alabama, in Conven- tion assembled : First — That it shall be the duty of the Probate Judge of St. Clair county to order an election to be held in precincts numbered 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20 and 21, in St. Clair county, not later than sixty days after the ratification of the Constitution to be sub- mitted by this Convention, for a vote of the qualified electors in said precincts, at which a court house and jail shall be erected and maintained. Officers for such election shall be appointed, and the election, in all things in accordance with the law governing general elections. Upon the ballot to be used at such election the names of all places to be voted on shall be printed, and the choice of the elector shall be indicated b^^ a cross mark before the place of his choice. The votes east at such election shall be canvassed, tabulated, re- turns thereof made, and counted, in the same manner as is done in elections for Sheriff and other county offi- cers. At the place receiving the highest number of votes at such election there shall be erected and main- tained a court house and jail for the trial of all cases, and the transactions of all legal business originating in said precincts 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20 and 21. The venue of all actions and suits (other than such as are to be tried before Justices of the Peace), in which 492 Journal of Alabama onh' residents of that jjortion of said St. Clair which lies south and southeast of Back Bone mountain, are defendants, shall, except as otherwise provided by law, be at the court house herein provided for; provided, Innvever, that Asheville, in St. Clair count}', shall con- tinue to be the count}^ seat until changed by vote of the qualified electors residing in that part of St. Clair county which lies north and northwest of said Back Bone mountain. 2. The Court of County Commissioners of St. Clair county shall, at its first regular meeting after the elec- tion provided for in Sec. 1 of this ordinance, take all the necessary steps and make all necessary orders to issue and sell bonds of St. Clair county to the amount of |10,- 000, the proceeds to be used only, for the erection and eciuipment of such court house and jail, or to provide by other means a sufficient amount of money to erect a suitable court house and jail at the place which shall have been selected in accordance with said Section 1, and to properly e. Mr. Hefliu, of Randolph, chairman of the conuiiittee, submitted the following' report, which was laid upon the table, and 300 copies of the same were ordered printed: Mr. President: The Committee on Schedule, l*rintin.<;- and Incidental Expenses have instructed me to nuike the followiui; par- tial report, viz. : The committee have audited the accounts hereto at- tached, and lind tliat the State of Alabanm is indebted to the Brown Printing- Company, of Montgomery, Ala., in the sum of |255.25. ^^'e find that said State is in- debted to Mars'hall & Bruce, of Nashville, Tenn., the sum of |12. We also find that said State is indebted to Ed. C. Fowler Co., of ^lontgoinerv, Ala., in the sum of 124.75. All of the above amounts are for articles furnished the State of Alabama for the use of the Constitutional Convention, and all of the above amounts are itemized as shown by bills hereto attached. Total amount, |302. And we recommend the payment of the same, all of which is respectfully submitted. John T. Heflin, Chairman of Committee on Schedule, Printing and In- cidental Expenses. REPRESENTATION. ^Ir. Pitts, chairman of the Committee on Bepresenta- tion, sulunitted the "following report, which was'read at length, and placed upon the calendar, and 300 copies of the report were ordered printed : REPORT OF THE COMMITTEE ON REPRESENTATION. Mr. President: The Committee on Representation instructs me to 494 Journal of Alabama submit the following ordinance for adoption as Article — of the Constitntiou of the State of Alabama, viz. : ARTICLE — Section 1. The whole number of Senators shall be not less than one-fourth, or more than one-third of the whole number of Eepresentatives. Sec. 2 The House of Kepresentatives shall consist of not more than one hundred and five members, unless new counties are created, in which event each county shall be entitled to one Representative. The members of the House of Representatives shall be apportioned by the General Assembly among the several counties of the State, according to the number of inhabitants in them respectively, as ascertained by the decennial census of the United States; which apportionment when made shall not be subject to alteration until the next session of the General Assembly after the next decennial census of the United States shall have been taken. Sec. 3. It shall be the duty of the General Assembly at its first session after the taking of the decennial census of the United States in the year 1910, and after each subsequent decennial census, to fix by law the num- ber of Representatives, and apportion them among the several counties of the State, according to the number of inhabitants in them respectively ; provided, that each county shall be entitled to at least one Representative. Sec. 4. It shall be the duty of the General Assembly at its first session after the taking of the decennial cen- sus of the United States in the year 1910, and after each subsequent decennial census, to fix by law the number of Sepators, and to divide the State into as many Sena- torial districts as there are Senators, which districts shall be as nearly equal to each other in the number of inhabitants as may be, and each shall be entitled to one Senator, and no more; and which districts, when formed, shall not be changed until the next apportioning ses- sion of the General iV'Ssembly after the next decennial census of the United States shall have been taken ; pro- Constitutional Convention. 495 Aided, that counties created after the next preceding apportioning session of the General Assembly may be attached to Senatorial districts. No county slmll be divided between two districts, and no district shall be nmde of two or more counties not contiguous to each other. Sec. 5. Should the decennial census of the United States, from any cause, not be fallen, or if when talien, the same, as to this State, is not fully satisfactory, the General Assembly shall have power at its first session after the time shall have elapsed for the taking of said census, to provide for an enumeration of all the inhabi- tants of this State, and once in each ten years there- after, upon which it shall be the duty of the General Assembly to make the apportionment of Representatives and Senators, as provided for in this article. Sec. 6. Until the General Assembly shall make an apportionment of Representatives among the several counties, at its first session after the taking of the de- cennial census of the United States in the year nine- teen hundred and ten, as herein provided, the counties of Autauga, Baldwin, Bibb, Blount, Cherokee, Chilton, Choetaw, Clay, Cleburne, Coffee, Colbert, Conecuh, Coosa, Covington, Crenshaw, Cullman, Dale, DeKalb, Escambia, Fa^-ette, Franklin, Geneva, Greene, La- mar, Lawrence, Limestone, Macon, Marion, Marshall, Monroe, Pickens, Randolph, St. Clair, Shelby, Wash- ington, and Winston shall each have one Representa- tive; the counties of Barbour, Bullock, Butler, Cal- houn, Chambers, Clarke, Elmore, Etowah, Hale, Henry, Jackson, Lauderdale, Lee, Lowndes, Madison, Marengo, Morgan, Perrv, Pike, Russell, Sumter, Talladega, Tala- poosa, Tuscaloosa, Walker and Wilcox shall each have two Representatives ; the counties of Dallas and Mobile shall each have three Representatives; the county of Montgomery shall have four Representatives; and the county of Jefferson shall have seven Representatives. Sec. 7. Until the General Assembly shall divide the State into Senatorial districts, as herein provided, the Senatorial districts shall be as follows: 496 Journal of Alabama First district, Lauderdale aud Limestone; Second district, Lawrence aud Morgan; Third district, Blount, Cullman and Winston; Fourth district, Madison; Fifth district, Jackson and Marshall; Sixth district, Etowah and St. Clair; Seventh district, Calhoun; Eighth dis- trict, Talladega; Ninth district. Chambers and Kau- dolph; Tenth districts, Talapoosa and Elmore; Eleventh district, Tuscaloosa; Twfdt'th disti-ict, l^ayette, Lamar and Walker; Thirteenth district, Jetferson ; T'ourteenth district, Pickens and Sumter; Fifteenth District, Au- tauga, Chilton and Shelby; Sixteenth district, Lowndes; Seventeenth distrct, Butler, Conecuh and Covington; Eighteenth district, Bibb and Perry; Nineteenth dis- trict, Choctaw, Clarke and AA'ashington ; Twentieth dis- trict, Marengo; Twenty-first district, Baldwin, Escam- bia and ^Monroe; Twenty-second district, Wilcox; Twen- ty-third district, Henry; Twenty-fourth district, Bar- bour; Twenty-fifth district. Coffee, Crenshaw and Pike; Twenty-sixth district, Bullock and Macon; Twenty- seventh district, Lee and Russell ; Twenty-eighth dis- trict, Montgomery; Twenty-ninth district, Cherokee and DeKalb; Thirtieth district, Dallas; Thirty-first district, Colbert, Franklin and Marion; Thirty-second district, Greene and Hale; Thirty-third district, Mo])ile; Thirty-fourth district, Cleburne, Clay and Coosa; Thir- ty-fifth district, Dale aud (reneva. I return herewith all ordinances referred to commit- tee. P. H. Pitts, Chairnuin Committee on Representation. Mr. Prc^idrut: I submit herewith a report of a minority of the Coui- mittee on Representation. P. H. Pitts, Cliainiiau ConmiittcM' on Representation. MINORITY report OF ('( ).M.M ITTKK OX UKI'RKSKXTATION. The minority of the Committee on Representation dissent from the recommendations of the majority, and Constitutional Convention. 497 Tecommend that the number of Representatives remain one hundred, and the Senators thirty -three. That the apportionmen^t of Senators and Representa- tives remain as thev are until the next session of the General Assembly, which uiaij reapportion them, and after the decennial census of 1910 >ihall reapportion them. J. W. Grayson, C. H. Greer. MINORITY REPORT OF COMMITTEE ON REPRESENTATION. Mr. President : The undersigned, members of the Committee on Rep- resentation, beg' leave to submit the following report : We recommend that Section 2 be amended by striking •out the words '^one hundred and five members," and insert ''one hundred members ;" also by striking out the words "next session" and insert "first session." We also recommend the striking out all the first part of Section 3 down to the words "fixed by law" and insert in lieu "The General Assembly may, after the adoption of this Constitution, and shall after its first session, after each decennial census of the United States there- after." We further recommend the striking out of all the first part of Section 4 down to the words "into as many Sena- torial districts" and insert instead "The General As- sembly may, after the adoption of this Constitution, and shall at its first session after each decennial census of the United States thereafter, fix l)y law the number of Senators, and divide the State." We further recommend that Section 6 be amended as follows : Section 6. Until the General Assembly shall make an apportionment of Representatives among the several counties, the counties of Autauga, Baldwin, Bibb, Blount, Butler, Cherokee, Chilton, Choctaw, Clay, Cleliourne. Coffee, Colltert, Conecuh, 'Coosa, Covington, Crenshaw, Cullman, Dale, DeKalb, 32 498 Journal of Alabama Elmore, Escambia, Etowah, Fayette, Franklin, Geneva, Greene, Lamar, Lawrence, Limestone, Macon, Marion,. Marshall, Monroe, Pickens, Randolph, Shelby, St. Clair, Walker, Washington, Winston, shall each elect one Kep- resentative; the counties of Barbour, Bullock, Calhoun, Chambers, Clarke, Hale, Henry, Jackson, Lee, Lauder- dale, Lowndes, Madison, Marengo, Morgan, Perry, Pike, Russell, Sumter, Talladega, Tallapoosa, Tusca- loosa and Wilcox shall each elect two Representatives; the counties of Dallas and Mobile shall each elect three Representatives; the county of Montgomery shall elect four representatives; and the county of Jelferson shall elect six Representatives. We further recommend that Section 7 be amended as follows : Sec. 7. Until the General Assembly shall divide the State into Senatorial districts, the Senatorial districts shall be: First district, Lauderdale and Limestone; Second district, Lawrence and ^lorgan; Third district, Blount, Cullman and Winston; Fourth district, Madison; Fifth district, Jackson and Marshall; Sixth district, Etowah, and St. Clair; Seventh district, Calhoun and Cle- burne; Eighth district, Talladega and Clay; Ninth district, Chambers and Randolph; Tenth district, Talapoosa and Coosa; Eleventh district, Tusca- loosa; Twelfth district, Fayette, Lamar and Walker; Thirteenth district, Jefferson; Fourteeutli district, Pick- ens and Sumter; Fifteenth district, Elmore, Chilton and Shelby; Sixteenth district, Autauga, Lowndes, Seventeenth distrct, Butler, Conecuh and Covington; Eighteenth district, Bibb and Perry; Nineteentli dis- trict, Choctaw, ('larke and Wasliington; Twentieth dis- trict, ]Marengo; Twenty-first district, Baldwin, Escam- bia and Monroe; Twenty-second district, Wilcox; Twen- ty-third district Henry, Dale and Geneva ; Twen- ty-fourth district, Barbour; Tweuty-fiftli district. Coffee, Crenshaw and Pike; Twenty-sixth district, Bullock and ^lacon; Twenty-seventh district, Lee and Russell; Twenty-eighth district, Montgomery; Constitutional Convention. 499 Twenty-ninth district, Cherokee and DeKalb; Thirtieth district, Dallas; Thirty-first district, Colbert, Franklin and Marion; Thirty-second district, Greene and Hale; Thirty-third district, Mobile; Kespectfully submitted, J. W. GllAYSON_, C. H. Greer, unfinished business. The Convention proceeded to the consideration of the unfinished business, which was the report of the Oonyyjittee on Taxation. The question was upon the amendment offered by Mr. White to Section 1 of the Article XI reported by the Committee on Taxation. Mr. White offered the following substitute for the pending amendment : Xo tax shall be imposed or license required of the manufacturer or producer of any commodity or mer- chandise for selling or exchanging the same, and no inspection tax or license shall be imposed for the in- spection or anal^^zing of any such commodity or mer- chandise in excess of the reasonable cost of such in- spection or analysis ; provided, the tag tax now imposed by law ma}' remain in force until September SOtla, 1903 ; and provicled further, that the provisions of this section shall not apply to the manufacture of vinous, spirituous or malt liquors. recess. Pending the further consideration of the report of the Committee on Taxation, and the pending amendments, the hour of 1 o'clock arrived, and under the rules the Convention recessed until 3 o'clock this afternoon. 500 Journal of Alabama AFTERNOON SESSION, The Convention met pursuant to adjournment. ROLL CALL. On a call of the roll of the Convention, the following delegates answered to their names, which constituted a quorum : Messrs. President, Almou, Ashcraft, Banks, Barefield, Bartlett, Beavers, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Bulger, Burnett, Burns, Byars, Cardon, Carmichael (Colbert), Carmichael (Coffee), Carnathon, Case, Chapman, Cobb, Cofer, Coleman (Greene), Coleman (Walker), Cornwell, Craig, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, deGraffonreid, Duke, Eley, . E^^ster, Espy, Pitts, Fletcher, Foshee, Foster, Freeman, Gilmore, Glover, Graham (Montgomery), Graham (Talladega), Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hodges, Hood, Howell, Howze, Inge, Jackson, Constitutional Convention. 501 Jenkins, Jones (Bibb), Jones (Hale), Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Ledbetter, Leigh, Locklin, Lomax, Long (Butler), Long (Walker), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Morrisette, Mulkey, Murphree, NeSmith, Norman, Norwood, Gates, O'Neal ( Lauderdale ) , O'Neill (Jefferson), Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Pitts, Porter, Proctor, Reese, Reynolds (Chilton),, Reynolds (Henry), Robinson, Rogers (Lowndes), Rogers (Sumter), Samford, Sanders, Sanford, Searcy, Selheimer, Sentell, Sloan, Smith (Mobile), Smith, Mac. A., Smith, Morgan M.,. Sollie, Sorrell, Spears, Spragins, Stewart, Studdard, Tayloe, Vaughan, Waddell, Walker, Watts, Weakley, Weatherlv, Watts, Wliiteside, Williams (Barbour), Williams (Marengo), Wilson (Clarke), Wilson (Washington) Winn— 143. 502 Journal of Alabama UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, Avhich svaa the consideration of the report of the Committee on Taxation. The question was upon the substitute offered by Mr. White, for the pending amendment to Section 1 of the Article XI reported by the Committee on Taxation. Mr. White asked unanimous consent to accept the substitute for the amendment. * Consent was granted, and the substitute was accepted for the amendment. Mr. Cobb moved to table the substitute. The motion to table prevailed : Yeas, 77 ; nays, 49. YEAS. Messrs. President, Ashcraft, Banks, Barefield, Boone, Brooks, Browne, Burnett, Cardon, Carnathon, Chapman, Cobb, Coleman (Greene), Coleman ( Walker ), Craig, Cunningham, Davis (DeKalb), Dent, Duke, Eley, Eyster, Ferguson, Fletcher, Foster, Glover, Graham (Montgomery), Graham ( Talladega ) . Grant, Greer (Perry), Harrison, Hinson, Hodges, Hood. Howell, Howze, Inge, Jackson, Jenkins, Jones (Wilcox), King, Kirk, Kyle, Ledbetter, Leigh, Lorn ax, Lonir (Walker), McMillan (Baldwin), Martin, Constitutional Convention. 503 Merrill, Miller (Wilcox), Norman, Norwood, Oates, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, Palmer, Parker (Elmore), Pettus, Pillans, Pitts, Proctor. Eobinson, Messrs. Bartlett, Beddow, Bethune, Blackwell, Bulger, Burns, Byars, Carmicliael (Coffee), Case, Cofer, Davis (DeKalb), deGraffenried, Espy, Fosheti, Freeman, Gilmore, Grayson, Haley, Heflin (Chambers), neflin (Randolph), Henderson, Jones (Bibb), Jones (Hale), Kirkland, Rogers (Lowndes), Sanders, Searcy, Selheimer, Seutell, Smith (Mobile), Spragins, Stewart, Wad dell, Watts, Weakley, Williams (Barbour), Williams (Elmore), Wilson (Clarke), Wilson ( Washington ) — 77. NAYS. Long (Butler), Macdonald, McMillan (Wilcox), Malone, Maxwell, Miller (Marengo), Moody, INIurphree, NeSmith, O'Rear, Pearce, Phillips, Reynolds (Henry), Rogers (Sumter), Samford, Sanford, Smith, Mac. A. Smith, Morgan M., Sollie, Sorrell, Spears, Studdard, Whiteside, Winn— 49. 504 Journal of Alabama pairs announced. The following pairs were announced: Messrs. Walker and Carmicliael, of Colbert ; Corn- well and Mulkey; Williams, of Elmore, and Fitts; Par- ker, of Cullman, and Sloane; Weatlierly and Porter; Tavloe and Beavers ; Jones, of Montgomery, and White. 5lessrs. Walker, Carmichael, Williams, of Elmore;. Weatherly, Tayloe and Jones, of Montgomery, would vote aye; and Messrs. Carmichael, of Colbert; Mulkey, Fitts, Sloan, Porter, Beavers and W^hite would vote nay. SECTION ONE. Section 1 of Article XI, reported by the Committee on Taxation, was read at length, as follows: Section 1. All taxes levied on property in this State shall be assessed in exact proportion to the value of such property, but no tax shall be assessed upon any debt for rent or hire of real or personal property while owmed by the landlord or hirer during the current year of such rental or hire, and when such real or personal property is assessed at its full value; provided, how- ever, the General Assembly may levy a poll tax, not to exceed one dollar and fifty cents on each poll, which shall be applied exclusively in aid of the public school fund in the county so paying the same. Mr. Browne moved that Section 1 be adopted. The motion prevailed, and Section 1 was adopted. RECONSIDERATION. Mr. Sollie moved to reconsider the vote by which Section 1 was adopted. Under the rules the motion will go over until to-mor^ row for consideration. Constitutional Convention. 505' section two. Section 2 of Article XI, reported by the Committee on Taxation, was read at leni>th as follows: Sec. 2. No power to levy taxes shall be delegated to Individuals or private corporations. Mr. Howze moved to adopt Section 2 as above set out. The motion prevailed, and Section 2 was adopted. SECTION THREE. Section 3 of Article XI, reported by the Committee on Taxation, was read at length as follows : Sec. 3. After the ratification of this Constitution, no new debt shall be created against, or incurred by this State, or its authority, except to repel invasion or sup- press insurrection, and then only b^^ a concurrence of two-thirds of the members of each House of the Gen- eral Assembly, and the vote shall be taken by yeas and nays, and entered on the Journals; and any act creat- ing or incurring any new debt against this State, ex- c-ept as herein provided for, shall be absolutely void ; provided, the Governor may be authorized to negotiate temporary loans, never to exceed three hundred thou- sand dollars, to meet the deficiencies in the Treasury; and until the same is paid, no new loan shall "he nego- tiated; provided further, that this section shall not be so construed as to prevent the issuance of bonds for the purpose of refunding the State's existing bonded in- debtedness. Mr. Gates offered the following amendment to Sec- tion 3, which was read at length : That the Legislature shall, at its first session after the ratification of this Constitution, authorize the Gov- ernor of the State to cause to be issued (|8,500,000) eight million, five hundred thousand dollars, face value, of State lionds, to mature fifty years after date, and to bear not more than 3^ per cent, per annum, payable semi-annually ; and that eight million four hundred 506 Journal of Alabama and three thousand six hundred doHars (|8,403,600) of said bonds shall be used exclusively for the redemption by exchange or otherwise, for an equal amount face value of the Class A, Class B, Class C bonds of the State, which, when thus redeemed, shall be destroyed; and that the bonded debt of the State shall never in any event exceed nine million, five hundred thousand dollars. Sec. 2. That it shall be the further duty of said Leg- islature, at its first session after the ratification of this Constitution, to authorize the Governor, Auditor and Treasurer of the State, to obtain by purchase, in the name of and for the use of the State Capitol, all of the square of land upon which the Capitol building is situ- ated south of said building to AVashington street, bounded west by Bainbridge, and east by Union street; provided, said property can be purchased at reasonable prices ; but if not, in the opinion of said Board, then the same shall be condemned on proceedings, to be insti- tuted by said Board in the name and in behalf of the State, and to be had according to the provisions of Arti- cle 1, Chapter 42, of the Code of 1896, which shall be applicable thereto. Sec. 3. That all of the bonds in the first section here- inabove provided for, over and above the eight million four hundred and three thousand six hundred dollars, to be used in redemption or exchange for that amount of outstanding bonds Class A, Class B, Class C, to-wit : •196,400, shall be sold by the said Board, consisting of the Governor, Auditor and Treasurer, after due notice given by publication in at least three daily newspapers, to the highest and best bidder, which said bonds shall bear not more than 3^ per cent, per annum, payable «emi-annually, and whch shall not be sold for less than their face value, and when so sold the proceeds shall be covered into the Treasury, and shall be used by said Board to pay for the said lands on said square when purchased or condemned as aforesaid; and so much of the money arising from the sale of such bonds as may be -necessary to permanently improve the Capitol building Constitutional Convention. 507 and to pay for the private property on said square pur- chased or condemned as aforesaid, may be used for such purposes. adjournment. Pending the further consideration of the amendment, the hour of 5 o'cloclv p. m. arrived, and, under the rules, the Convention adjourned until to-morrow morning at 10 o'clock. THIRTY-SECOND DAY. Convention Hall. Montgomery, Ala., Friday, June 28, 1901. The Convention met pursuant to adjournment. Prayer was offered by Rev. Dr. Lamar of the city. ROLL CALL. On a call of the roll of the Convention, the following delegates answered to their names, which constituted a quorum : Messrs. President, Browne, Aim on, Bulger, Altman, Burnett, Ashcraft, Burns, Banks, Byars, Barefield, Cardon, Bartlett, Carmichael (Colbert), Beavers, 'Carmichael (Coffee) , Beddow, Carnathon, Bethune, Case, Blackwell, Chapman, Boone, Cobb, Brooks, Cofer, 508 Journal of Alabama Coleman (Greene), King, Coleman (Walker), Kirk, Craig, Kirkland, Cunningham, Knight, Davis (DeKalb), Kyle, Davis (Etowah), i^edbetter. Dent, Leigh, deGraffenried, Lomax, Duke, Long (Butler), Eley, Long (Walker), Eyster, Lowe (Jefferson), Espy, Lowe (Lawrence), Ferguson, Macdonald, Fitts, McMillan (Baldwin), Fletcher, McMillan (Wilcox), Foshee, Malone, Foster, Martin, Freeman, Maxwell, Gilmore, :Merrill, Glover, Miller (Marengo), Graham ( Montgomery ) , Miller (Wilcox), Graham ( Talladega ) . Moody, Grant, Morrisette, Greer (Calhoun), Mulkey, Greer (Perry), Murphree, Haley, NeSmith, Harrison, Norman, Heflin (Chambers), Norwood, Heflin (Randolph), Gates, Henderson, O'Neal ( Lauderdale) , Hinson, O'Neill (Jefferson), Hodges, Opp, Hood, O'Rear, Howze, Palmer, Inge, Parker (Cullman),. Jackson, Parker (Elmore), Jenkins, Pearce, Jones (Bibb), Pettus, Jones (Hale), Pillans, Jones (Wilcox), Pitts, Constitutional Convention. 509 Porter, Proctor, Reese. Renfro, Reynolds ( Chilton j, Reynolds (Henry), Robinson, Rogers (Lowndes), Rogers (Sumter), Samford, Sanders, Sanford, Searcy, Selheimer, Sentell, Smith (Mobile), Smith, Mac. A. Smith, Morgan M., Sorrell, Spears, Spragins, Stewart, Studdard, Tayloe, Vaughan, Waddell, Walker, Watts, Weakley, Weatherly, White, Whiteside, Williams (Barbour), Williams ( Marengo ) . Wilson (Clarke), Wilson (Washington) Winn— 143. LEAVE OP ABSENCE. Was granted to Messrs. Willett for last Wednesday and Thursday and to-day; Boone for to-morrow and Mondaj' ; Henderson for to-morrow; Dent for this after- noon and until Monday at noon; Long, of Butler, for to-morrow; Bartlett for to-morrow, Monday and Tues- day; Porter for Saturday and Monday; Beavers for yesterday, to-day and to-morrow ; Morrisette for to-day and until Wednesday; Howell for to-day, to-morrow, Monday and Tuesday; Locklin for yesterday and to- day; Kirkland for Saturday; Hasson (doorkeeper) for to-morrow and Monday; Vaughan indefinite; Smith, Mac. A., for to-morrow; Williams, of Elmore, indefinite; Mulkey for to-morrow and Monday; Norwood for this afternoon and to-morrow. REPORT OF the COMMITTEE ON THE JOURNAL. The chairman of the Committee on the Journal sub- 510 , Journal of Alarama mitted the following report, which was concurred in : The Committee on the Journal beg leave to report that they have examined the Journal for the thirty- first day of the Convention and that the same is cor- rect. Respectfully submitted, John F. Proctor_, Chairman. COMMITTEE GRANTED LEAVE TO SIT DURING SESSION. The Committee on Suffrage and Elections was granted leave to sit during the afternoon session of the Con- vention. RESOLUTIONS. The following resolutions were offered, severally read one time at length, and referred to appropriate com- mittees, as follows: Resolution 200, by Mr. Burns, of Dallas : ' Whereas, this Convention has seen proper to reject all amendments to Article V looking to the relief of Sheriffs; and Whereas, The Supreme Court has already been bur- dened with sufficient labors; and Wliereas, Local government should be maintained, and for other valid reasons; Resolved, That it is the sense of this Convention that Section 30 of Article Y should be stricken out, and the Sheriffs should be left on the same footing as other county officers. The resolution was referred to the Committee on Executive Department. Resolution 201, by ^Ir, Foster : Resolved, First, That the Committee on Rules are hereby instructed to examine all the reports of the standing committees which have already reported, and the reports which shall hereafter be made by the stand- ing committees, and assign to each section of said re- port such time as in its judgment should be allowed for del)ate thereon. Constitutional Convention. 511 Second — That when the time so assigned by the Rules Committee to any section shall have been consumed in debate thereon, all debate on such section and pending amendments shall immediately cease, and a vote be taken thereon; provided, that the mover or chairman of the committee proposing the pending matter may, unless he shall have already spoken twice, speak to the matter for fifteen minutes, after the time for debate has closed. Third — That no delegate, except the mover or chair- man of the committee projDosing the pending matter, shall speak more than once to the same question, nor more than ten minutes at any time. The mover or the chairman of the committee proposing the pending mat- ter ma^^ speak fifteen minutes on opening, and twenty minutes in reply. Fourth — This resolution shall not apply to the report of the Committee on Suffrage and Elections. The resolution was referred to the Committee on. Rules. Resolution 202, by Mr. Graham, of Talladega : Resolved, That beginning with next Monday the afternoon sessions of this Convention shall be from 3 :30 to 5 :30 instead of 3 to 5. The resolution was referred to the Committee on Rules. Resolution 203, by Mr. Heflin, of Chambers : Resolved, That after to-day the Convention shall con- vene in tills hall at 9 o'clock a. m. and remain in session until 1 o'clock p. m., and reconvene at 3 o'clock and remain in session until 6 o'clock p.. m. The resolution was referred to the Committee on Rules. Resolution 204, by Mr. Jackson : Resolved, That no delegate in this Convention be per- mitted to speak more than ten minutes on an^^ subject under discussion, except the mover of an amendment or substitute, who may use 10 minutes each in opening and closing the debate, and the chairman of a committee in the discussion of a report made by the committee of Tvhich he is chairman, who shall have thirty minutes to> 512 Journal of Alabama open and close ; provided, that whoever may move to re- consider any action of the Convention shall have the time accorded the chairman of the committee, the re- port of which committee is under consideration; pro- vided further, tliat any delegate may have his time x- tended by permission of -the majority of the delegates present. The resolution was referred to the Committee on Kules. Eesolution 205, by Mr. IJeese : Whereas, but little time of this Convention is con- sumed by the regular call of the roll for the introduction of ordinances, resolutions, etc., and Whereas, Much unnecessary^ consumption of time is had in explaining and obtaining unanimous consent or suspension of the rules for the introduction of ordi- nances, resolutions, etc.. Therefore, Be it resolved. That hereafter the roll call for the introduction of ordinances, resolutions, etc., shall not be suspended except by unanimous consent; Second, That no resolution or ordinance shall be in- troduced at any other time except by unanimous con- sent; Third, It will be in very bad taste on the part of any member taking up the time of the Convention in asking said consent, except in dire and pressing emergency. The resolution was referred to the Committee on Eules. Resolution 206, by Mr. Waddell : Be it resolved by the Constitutional Convention of the State of Alabama, That no person shall be entitled to the floor for the purpose of del)ate for a longer period of time than ten minutes, except the chairman of the committees whose article is under consideration, and he shall be allowed twenty minutes to open and ten min- utes to close the debate on any subject which is up for consideration under his article; provided tlu^ i)rovis- ions of this resolutions shall not api)ly to tlie Committee 'on Suffrage and Elections. Constitutional Convention. 513 The resolution was referred to the Committee on 3\ules. ORDINANCES ON FIRST READING. The following ordinances were introduced, severally read one time at length, and referred to appropriate committees as follows : Ordinance 404, by Mr. Coleman, of Walker : To amend a part of Section 28 of Article V, adopted by this Convention. The ordinance was referred to the Committee on Impeachments. Ordinance 405, by Mr. Reynolds, of Chilton : To prohibit newspapers or their representatives from accepting a free pass or other free transportation from a railroad company doing business in this State. The ordinance was referred to the Committee on Legislative Department. - UNFINISHED BUSINESS. The Convention proceeded to the consideration of unfinished business, which was the report of the Com- mittee on Taxation. SECTION THREE. The question was upon the amendment offered by Mr. Oates, to Section 3 of the Article XI rejiorted by the Committee on Taxation. Mr. deGraffenried moved to table the amendment of- fered by Mr. Oates. The motion prevailed, and the amendment was laid upon the table. Mr. Watts offered the following amendment to Sec- tion 3 of the Article XI reported by the Committee on Taxation: To amend Section 3, Taxation report, by adding at the end of said section the words : "And provided the General Assembly may increase the State debt not ex- 33 514 Journal of Alabama ceeding |200,000 for the improvement of the Capitol and adding to its grounds.'' Mr. Weatherlv moved to table the amendment offered by Mr. Watts : The motion prevailed, and the amendment was laid upon the table. Mr. Browne moved to adopt Section 3 of the Article XI, reported by the Committee on Taxation. The motion prevailed, and Section 3 was adopted. SECTION FOUR. Sec. 4. The General Assembly shall not have the power to levy, in any one year, a greater rate of taxation than 65-100 of 1 percentum on the value of the taxable property within this State. Was read at length. RECESS. Pending the further consideration of the report of the Committee on Taxation, the hour of 12 o'clock m. arrived, and under a resolution adopted on yesterday, the Convention recessed until 3 o'clock to-dav. AFTEKNOON SESSION. The Convention met pursuant to adjournment. ROLL CALL. On a call of the roll of the Convention, the following delegates answered to their names, which constituted a quorum : Messrs. President, Banks, Almon, Barefield, Altman, Bartlett, Ashcraft, Beddow, Constitutional Convention. 515 Bethune, Blackwell, Boone, Brooks, Browne, Bulger, Burnett, Burns, Byars, Cardon, Carmichael (Colbert), Carmichael (Coffee), Carnathon, Case, Chapman, Cobb, Cofer, Coleman (Greene), Coleman (Walker), Cornwell, Craig, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, deGraffenreid, Duke, Eley, Eyster, Espy, Ferguson, Pitts, Fletcher, Foshee, Foster, Freeman, Gilmore, Glover, Graham (Montgomery), Graham (Talladega), Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Harrison, Hetlin (Chambers), Heflin (Randolph), Henderson, Hinson, Hood, Howze, Jackson, Jenkins, Jones (Bibb), Jones (Hale), Jones ( Montgomery^) ,^ Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Ledbetter^ a Lomax, Lowe (Jefferson), Macdonald, McMillan (Baldwin).- McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, Miller ( Marengo )j Miller (Wilcox), Norman, Norwood, Gates, O'Neill (Jefferson), Opp, O'Rear, Parker (Cullman), Parker (Elmore),. 516 Journal of Alabama Pearce, Pettus, Pillans, Porter, Proctor, Keese, Renfro, Reynolds (Chilton), Re^^nolds (Henry), Robinson, Rogers (Lowndes), Rogers (Sumter), Samford, Sanders, Sanford, Searcy, Selbeimer, Sentell, Sloan, Smith (Mobile), Smith, Mac. A., Smith, Morgan M., Sollie, Sorrell, Spears, Spragins, Stewart, Studdard, Tavloe, Waddell, Walker, Watts, Weakley, Weatherly, Williams (Barbour), Williams (Marengo), Wilson (Clarke), Wilson ( W^ashington ) , Wiun— 129. LEAVE OF ABSENCE Was granted to Messrs. Freeman for Saturday, Mon- day and Tuesday; Haley for Saturday and Monday; Jones, of Montgomery, for this afternoon; Norman for this afternoon and to-morrow; Pearce this afternoon and until W^ednesday; Cunningham for to-morrow; Graham, of Talladega, for Saturday, Monday and Tues- day ; Foshee for to-morrow ; Parker, of Cullman, for to- day. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the report of the Committee on Taxation. The question w^as the consideration of Section 4 of the Article XI reported by the Committee on Taxation. Mr. Howze offered the following amendment to Sec- tion 4 : Amend 1)V striking out the words "sixtv-five" and in- Constitutional Convention. 517 serting in lieu thereof the words "seventy-five," and adding at the end of the section the following : "For the two years succeeding the adoption of this Constitution, after which time no greater rate than sixty-five one- hundredths of one per centum shall be levied." Mr. Graham, of Talladega, offered the following amendment to the amendment offered by Mr. Howze: Amend the amendment by striking out all of it ex- cept the words 75 cents. Mr. Reese moved to table the amendment offered by Mr. Graham, of Talladega, to the amendment offered by Mr. Howze. The motion prevailed, and the amendment was laid upon the table : Yeas, 89 ; nays, 41. YEAS. Messrs. President, Fitts, Almon, Fletcher, Altman, Foster, Barefield, Glover, Bethune, Grant, Brooks, Grayson, Browne, Greer (Perry), Burnett, Haley, Burns, Harrison, Byars, Heflin ( Chambers ), Cardon, Heflin (Randolph), Carnathon, Hinson, Chapman, Hodges, Cobb, Howze, Cofer, Inge, Coleman (Greene), Jackson, Coleman (Walker), Jenkins, Craig, Jones (Wilcox),. Cunningham, King, Davis (DeKalb), Kirk, Davis (Etowah), Knight, Duke, Kyle, Espy, Leigh,. 518 Journal of Alarama Macdonald, McMillan (Baldwin), Malone, Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Morrisette, NeSmith, O'Neal (Lauderdale), O'Rear, Palmer, Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Pitts, Proctor, Jieese. Renfro, Reynolds (Henry), Robinson, Rogers (Lowndes), Rogers (Sumter), Sanford, J^earcy, Sentell, Sloan, Smith, Morgan M.. Sorrell, Spears, Spragins, Stewart, Studdard, Tayloe, Walker, Weatherly, Whiteside, Williams (Marengo), Winn— 89. NAYS, Messrs. Ashcraft, Banks, Beddow, Blackwell, Bulger, Carmichael (Colbert), Carmichael (Coffee), Case, Cornwell, deGraffenried, Eley, Eyster, Graham (Talladega), Greer (Calhoun), Henderson, Hood, Jones (Bibb), Jones (Montgomery), Kirkland, Ledbetter, Lomax, Lowe (Jefferson), McMillan (Wilcox), Murphree, Norman, Gates, O'Neill (Jefferson), Odd. Porter, Sam ford, Sanders, Selheimer, Constitutional Convention. 519 Smith (Mobile), White, Smith, Mac, A., Williams (Barbour), Waddell, Wilson (Clarke) Watts, Wilson (Washington)— 41. Weakley, PAIRS announced. The following pairs were announced : Messrs. Long, of Walker, and Graham, of Montgom- ery. Mr. Long, of Walker, would vote aye, and Mr. Graham, of Montgomery, would vote nay. Mr. deGraifenried moved to table the amendment of- fered by Mr. Howze to Section 4 of the Article XI re- ported by the Committee on Taxation, and also to table the Section 4 as reported by said committee, Mr, Coleman, of Greene, demanded a division of the ■question. The question was upon tabling the amendment of- fered by Mr. Howze, The motion prevailed and the amendment was laid upon the table: Yeas, 94; nays, 33. TEAS, Messrs. Almon, Cofer, Barefleld, Coleman (Greene), Bethune, . Coleman (Walker), Blackwell, Craig, Brooks, Cunningham, Browne, Davis (DeKalb), Bulger, Davis (Etowah), Burnett, deGraffenried, Burns, Duke, Byars, Espy, Cardon, Fitts, Carnathon, Fletcher, Case, Foster, Chapman, Glover, Cobb, Grant, 520 Journal of Alara.ma Grayson, Greer (Perry), Haley, Harrison, Heflin (Chambers),. Heflin (Randolph), Hinson, Hodges, Inge, Jones (Bibb), Jones (Wilcox), King, Kirk, Knight, Kyle, Lomax, Lowe (Jefferson), Macdonald, McMillan (Baldwin), Mai one, Martin, Maxwell, Miller (Marengo), Miller (Wilcox), Moody, Morrisette, NeSmith, O'Neal (Lauderdale), O'Rear, Palmer, Pearce, Pettus, Phillips, Pillans, Pitts, Proctor, Eeese, Renfro, Reynolds (Henry),. Robinson, Rogers (Lowndes), Rogers (Sumter), Sanford, Sanders, Sauford, Searcy, Sentell, Sloan, Smith (Mobile), Smith, Morgan M.. Sollie, Sorrell, Spears, Spragins, Stewart, Studdard, Tavloe, Walker, Weakley, Weatherly, Whiteside, Williams (Marengo), Wilson (Washington) Winn— 94. NAYS. Messrs. President, Ashcraft, Beddow, Carmichael (Colbert), Carmichael (Coffee), Cornwell, Eley, Eyster, Graham (Talladega)y Greer (Calhoun), Henderson, Hood, Constitutional Convention. 521 Howze, Opp, Jackson, Parker (Elmore), Jenkins, Porter, Jones (Montgomery), Selheimer, Kirkland, Smith, jNIac. A. Ledbetter, Waddell, McMillan (Wilcox), Watts, Murphree, White, Norman, Williams (Barbour), Gates, Wilson (Clarke)— 33. O'Neill (Jefferson), PAIRS ANNOUNCED. The following pairs were announced : Messrs. Banks and Leigh ; Long, of Walker, and Gra- ham, of Montgomery. Messrs. Banks and Long, of Walker w'ould vote aye, and Messrs. Leigh and Gra- ham, of Montgomery, would vote nnj. The question was upon the motion to table Section 4 of said article. The yeas and nays were demanded, and the call was sustained. ADJOURNMENT. Pending the further consideration of the report of the Committee on Taxation, the hour of 6 o'clock p. m. arrived, and under the resolution adopted on yester- day, the Convention adjourned until 10 o'clock to-mor- row morning. 522 Journal of Alarama ^ THIRTY-THIRD DAY. Convention Hall. Mont'gomery, Ala., Saturday, June 29, 1901. The Convention met pursuant to adjournment. Prayer was ottered by Rev. Dr. Lamar of the city. ROLL CALL. On a call of the roll of the Convention, the following delegates answered to their names, which constituted a quorum : Messrs. President. Almon, Ashcraft, Banks, Barefield, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Bulger, Burns, Byars, Cardon, €armichael (Colbert), Carnathon, Chapman, Cobb, Oofer, Coleman (Greene)^ Coleman (Walker), Oornwell, Cunningham. Davis (DeKalb), Davis (Etowah), deGraffenried, Duke, Eley, Eyster, Ferguson, Pitts, Fletcher, Foster, Gilmore, Glover, Graham (Montgomery), Grant; Grayson, Greer (Calhoun), Greer (Perry), Harrison, Heflin (Chambers), Heflin (Randolph), Hinson, Hodges, Hood, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Constitutional Convention. 523 J^ones (Wilcox), Kirk, KniglU, Kyle, Ledbetter, Leigli, Locklin, ^Lomax, Long (Butler), Lowe (Jefferson), Macdonald, McMillan (Wilcox)., Malone, Martin, Maxw.-ll, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Murphree, NeSmitli, Norman, Oates, O'Neal ( Lauderdale) , O'Neill (Jefferson), Ovv.. O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pettus, Phillips, Pillans, Pitts, ProcTor, Kenfro, Kobinson, Rogers (Lowndes), Rogers (Sumter), Samford, Sanders, Sanford, Searcy, Selheimer, Sentell, Sloan, Smith (Mobile), Smith, Morgan M. Sollie, Sorrell, Spears, Spragins, Stewart, Studdard, Tayloe, Waddell, Watts, Weakley, Weatherly, White, Whiteside, Williams ( Barbour) , Williams (Marengo), Wilson (Clarke), Wilson (Washington) Wiiui— 118. LEAVE OF ABSENCE Was granted to Messrs, Reynolds, of Chilton, for to- day; Altman for to-day; Banks for this afternoon; Mc- Millan, of Baldwin, to-day and Monday; McMillan, of Wikox, for Monday; Walker for to-day; Jones, of Hale, f iv i(;-day and Monday; Espy for to-day; Lowe, of Law- rence, for to-day; King for to-day and Monday; Wilson, 524 Journal of Alabama of Washington, for Monday; Willett for to-dav; Fitts- for Monday; Malone for Monday; Hood for Monday. REPORT OF THE COMMITTEE ON THE JOURNAL. The chairman of the Committee on the Journal sub- mitted the folloAving report, which was concurred in : The Committee on the Journal beg leave to report that they have examined the Journal for the thirty- second day of the Convention, and that the same is cor- rect. Eespectfully submitted, John F. Proctor^ Chairman. RESOLUTIONS. The following resolutions were offered, severally read one time at length, and referred to appropriate com- mittees, as follows: The following resolutions were offered, severally read one time at length, and referred to appropriate com- mittees as follows : Kesolution 207, by Mr. Beddow : Eesolved, That when this Convention adjourns on Wednesday evening, July 3d, that it adjourn to meet at 12 m. Monday, July 8th. The resolution was referred to the Committee on Rules. Resolution 208, by Mr. Cornwell : Resolved, That the time allowed each delegate for speaking on any one question be, and is hereby limited to ten minutes, and that unanimous consent must be obtained to extend time. The resolution was referred to the Committee on Rules. Resolution No. 209, by Mr. Renfroe: Whereas, There is a disposition to take up much time in debating whether or not certain ordinances are prop- er constitutional provisions or legislative enactments; and Whereas, this Convention can frame a better instru- Constitutional Convention. 525 inent by leaving legislative enactments out of the Con- stitution ; Therefore, Be it resolved, That when this Convention is in doubt as to whether any pending amendment should be left to the Legislature or not, that such amendment be referred to the Judiciary Committee, with instruc- tions that they pass upon this question and make recom- mendation in accordance with their judgment. The resolution was referred to the Committee on Judiciary. Resolution 210, by Mr. Rogers, of Lowndes : Resolved, That the Convention remain in session un- til 2 o'clock p. m. and dispense with the afternoon ses- sion. The rules Avere suspended and the resolution was adopted. Resolution 211, by Mr. Smith, M. M., of Autauga : Whereas, the office of Commissioner of Agriculture was originally created for the benefit of the farming interest, and Whereas, the tax of 50 cents per ton on fertilizer was originally imposed for the alleged exclusive benefit of the farmer, and provided for inspection of fertilizer for the farmer's protection, and Whereas, said office of Commissioner of Agriculture has been changed by this Convention into the Commis- sioner of Agriculture and Industries, and Whereas, it is not just or fair that the burden of pay- ing for said department should fall exclusively on the farmers of the State ; therefore be it Resolved, That it is the sense of this Convention that the Legislature should reduce the tax on fertilizer to an amount not in excess of cost of inspection. The resolution was referred to the Committee on Taxation. Resolution 212, by Mr. Parker, of Elmore: Resolved, That the privileges of the floor of this Con- vention are hereby extended to Hon. J. J. Sullivan, of Pensacola, Florida, who is visiting the Convention to extend the oreetinjre of West Florida to the Convention 626 Journal of Alarama on the heart}' spirit of annexation that it has mani- fested. On motion of Mr. Parker, of Elmore, the rules were suspended, and the resolution was adopted by a rising, vote. ORDINANCES ON FIRST READING. The following ordinances were introduced, severally read one time at length, and referred to appropriate committees as follows : Ordinance 400, by Mr. Rogers, of Sumter : To limit the amount of tax on fertilizers manufac- tured or sold in the State. The ordinance was referred to the Committee on Taxation. Ordinance 407, by Mr. Sanford : To authorize the General Assembly to amend the Constitution of the State. The ordinance was referred to the Committee on Legislative Department. REPORTS OF STANDING COMMITTEES.. SUFFRAGE AND ELECTIONS. Mr. Coleman, of Greene, chairman of the Committee- on Suffrage and Elections, submitted the following re- port, which was read at length : REPORT OF THE COMMITTEE ON SUFFRAGE AND ELECTIONS. Mr. President: The Committee on Suffrage and Elections have re- quested that the following report be submitted: The committee has read and considered Avith care the many resolutions and ordinances referred to it, and have had the benefit of an extensive correspondence with leading men of other States upon the question of Suf- frage and Elections. Many of them contain valuable suggestions and have been of great assistance In the important work assigned to us. Our main purpose has been to eliminate the venal Constitutional Convention. 52T and incompetent from the exercise of the elective fran- chise and not violate any of the provisions of the Consti- tution of the United States. We are of tlie opinion that the Fifteenth Amendment of the Constitution of the United States does not interfere with the sovereign right of the State to prescribe tlie qualifications of voters further than to prohibit discrimination on account of "race, color or previous condition of servitude," and this limitation in no way interferes with the sovereign power of the State to fix a standard of fitness, applica- ble to all alike. Existing conditions and the object to be attained necessitated the making of provisions new and different from those which are in our present Con- stitution. To give full effect to the plan submitted by the com- mittee, it became necessary to provide a temporary Board of liegistration, limited to January the first, 1903, and to devolve upon the Legislature the duty to provide a permanent plan of registration to take effect on and after that date. We have spared neither time, labor nor study to frame a suitMile article upon the subject of elections and fran- chises, and it is with pleasure we state that no member of the committee dissents from any of the provisions except upon subdivision 2 of Sction 4 of the article upon which there will be a minority report submitted. We herewith return all ordinances and resolutions sub- mitted to us. Thomas W. Coleman^ Chairman. ARTICLE — SUFFRAGE AND ELECTIONS. Section 1. Every male citizen of this Steal, within thirty days after such denial, by filing a pet/tion in the Circuit Court or court of like jurisdiction held for the county in \yhich he seeks to yote, to haye his qualifications as an elector determined. Upon filing the petition the clerk of the court shall giye notice there- of to any Solicitor authorized to represent the State in said county, whose dut^' it shall be to appear and defend against the petition on behalf of the State. Upon such trial, the court shall charge the jury only as to what constituted the qualifications that entitled the ap- plicant to become an elector at the time he applied for registration, and the jury shall determine the weight and effect of the eyidence and return a yerdict. From the judgment rendered au appeal will lie to the Supreme Court in fayor of the petitioner, to be taken within thirty days. Final judgment in fayor of the petitioner shall entitle him to registration as of the date of his ap- plication to the registrars. Seyenth — The Secretary of State shall, at the expense of the State, haye prepared and furnished to the regis- trars and Probate Judges yi the several counties, a suffi- cient number of registration books, and of blank forms of certificates cf registration and of oaths and of the notices required to be given by the registrars. The cost of the publication in newspapers of the notices required to be given by the registrars shall be paid by the State, the bills therefor to l)e rendered to the Secretary of State, and approved by him. Sec. 11. — The Board of Registrars in each county sliall, on or before the first day of February, 1903. file in the Probate Court of their county a complete list, sworn to by tliem, of all persons reo-'stered in their , county, with tbp precinct or wavd in which each of such perso^is reside set opposite the names of such persons, and shall also file a like list in the office of the Secretary of Stnte. The Judge of Probate shall on or before the first day of ^Nlarch. 1003, cause to be made from such Constitutional Convention. 535 list in duplicate, in the books furnished by the Secre- taiy of State, an alphabetical list by precincts of the persons shown by the list of the registrars to have been registered in the county, and shall file one of such alpha- betical lists in the office of Secretary of State ; for which services by the Probate Judge compensation shall be pro- vided by the General Assembly. The Judge of Probate shall keep both the original list filed by the registrars and the alphabetical list made therefrom as records in the Probate Court of the county. Unless he shall become disqualified under the pro- visions of this article, any one who shall register prior to the first day of January, 1903, shall remain an elec- tor during life, and shall be required to register only in case of a change of residence, on production of his cer- tificate. The certificate of the registrar or of the Pro- bate Judge or of the Secretary of State shall be suffi- cient evidence to establish the fact of such life regis- tration. Such certificate shall be issued free of charge to the elector, and the General Assembly shall provide by law for the renewal of such certificates when lost, mutilated or destroyed. Sec. 12, — From and after the first day of January, 1903, any applicant for registration may be required to state under oath, to be administered by the registrar or by any person authorized by law to administer oaths, "where he lived during the five years nest preceding the time at which he applies to register, and the name or names that he was known by during that period, and the names of his emplo^'er or employers, if any, during such period. Any applicant for registration who re- fuses to state such facts, or any of them, shall not be entitled to register, and any person so offering to regis- ter who wilfully makes a false statement in regaixl to such matters or any of them, shall be guilty of perjury. Sec. 13. — In the trial of any contested election, and in proceedings to investigate any election, no person other than a defendant will be allowed to withhold his testi- Tiiony on the ground that he may incriminate himself or subject himself to public infamy; but such person 536 Journal of Alabama shall not be prosecuted for an}- otfense arising out of the transaction concerning which he testified, but may be prosecuted for perjury committed on such examina- tion. Sec. 14. — The General Assembly shall pass laws not inconsistent with this Constitution to regulate and gov- ern elections, and all such laws shall be uniform throughout the State; and shall provide by law for the manner of holding elections and of ascertaining the re- sult of the same, and shall provide general registration laws not inconsistent with the provisions of this article, for the registration of all (qualified electors from and after the first day of January, 1903. The General As- sembly shall also make provisions b}' law, not incon- sistent with this article, for the regulation of primary elections, and for punishing frauds at the same, but shall not make primary elections compulsory. Sec. 15. — It shall be the duty of the General Assembly to pass adequate laws giving protection against the evils arising from the use of intoxicating liquors at all elections. Sec. 16. — 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. Sec. 17. — Keturns of elections for all civil officers who are to be commissioned by the Governor, except Secretary of State, Auditor, Treasurer, Commissioner of Agriculture and Industries, Attorney General and Superintendent of Education, and for the members of the General Assembly, shall be made by the Secretary of State. Sec. 18. — The poll tax mentioned in this article shall be |1.50 upon each male inhabitant of the State, over the age of twenty-one years, and under the age of forty- five years, who would not now be exempt by law. Such poll tax shall become due and payable on the first day of October in each year and become delinquent on the first dav of the next succeeding February, but no legal process nor any fee or commission shall be allowed for COXSTITUTIOXAL CONVENTION. 537' the collectiou thereof. The Tax Collector shall make returns for poll tax collections separate from other col- ections. Sec. 19. — If any section of this article shall become inoperative and void by reason of the decision of any court of competent jurisdiction, the General Assembly shall have power, and it is hereby authorized to remedy the defect in such section pointed out by such adjudica- tion, by a two-thirds vote of all the members of each House of the General Assembly ; provided, that the sec- tions of this article uneffected by such decisions shall remain unchanged. Upon any other section becoming inoperative by any subseciuent adjudication of such court, the General Assembly shall have authority to remedy the defect in like manner as hereinabove pre- scribed. MINORITY REPORT. Mr. President: The undersi(?ned, members of the Committee on Suf- frage and Elections, beg leave to dissent from that part of the report of said committee, which recommends the adoption of the second subdivision of Section 4 of the article reported by the committee, which reads as fol- lows : "The lawful descendants of persons T\iio honorably served in the land or naval forces of the United States 'in the war of the American Revolution, or in the war of 1812, or in the war with Mexico, or in any war with the Indians, or in the Civil War between the States, or in the land or naval forces of the Confederate States, or of the State of Alabama in the war between the States." We are of the opinion that the above clause, on its face, violates the Federal Constitution, which we have taken an oath to support. It undertakes by indirect means, to deny or abridge the right to vote to citizens of the United States on account of race, color or pre- •538 Journal of Alabama viou'S condition of servitude, which is forbidden by the Fifteenth amendment to that instrument. This is done by conferring the right to vote upon a class, viz., descendants of soldiers, this class including practically all of the white and excluding practically iall of the negro race. The clause quoted does not erect a standard of quali- fications applicable alike to both races, but establishes an arbitrary standard, which, considered in connection with the history of the country, confers the right of suffrage upon members of the Avliite race (who are de- scendants of such soldiers) and denies it to members of the black race, who are not such descendants. It does not prescribe a qualification bearing any proper relation to the capacity of the voter to understand and discharge the responsibilities of the elective franchise, but fixes an arbitrary status, depending solely upon his descent from an ancestry over which he had and has no control, and which is impossible of attainment by any exertion on his part. We submit that the test required is not a rule or con- dition to which all citizens similarly situated, may conform. This, we understand from the decisions of the United States Supreme Court, is necessary to make it valid. For these reasons we believe this clause to be vio- lative of the Fifteenth Amendment to the Federal Con- stitution, in its necessary operation, without reference to its administration. It can only be administered in one way, and can affect, materially, only the two classes established by it. .By adopting this provision we invite an attack upon our suffrage plan through the courts, which may declare it void, and also, give Congress an f)pportunity to reduce our representation in the lower House, and our vote in the Electoral college, and it seems that the minority are not alone in the apprehension that something of this kind may occur. The committee itself has expressed its want of con- iidence in tlie validity of this scheme, by recommenfling Constitutional Convention. 639 the adoptiou of iSection 19, which provides tliat if any section of the article sliould become inoperative and void by reason of the decision of any court of competent jurisdiction, the Leglshiture might remedy the defect caused by such decision,— an unusual and extraordinary conception. Will any member of the committee, or any other (?andid man, maintain that this scheme is not intended to discriminate in favor of one race and against the other ? Aside from the Constitutional objections, there are other weight}^ reasons why this provision should not be in our Consttution : First — It establishes a permanent, hereditary, govern- ing class, which is undemocratic, unrepublican, and un- American. Second — It is not in keeping with the dignity of a progressive, just and enlightened State. Third — It insults the white men of Alabama and pro- claims their inferiority to the negro by requiring of them, as suffragans, a lower standard of capacity and intelligence than that required of the negro. Fourth — It is impracticable of administration, owing to the impossibility of establishing, with any certainty, descent from remote ancestors. The field of speculation into which we are carried opens wide the doors of fraud and perjury. Fifth — It is not necessary. The ballot can be se- cured to the honest and capable without resorting to this subterfuge. Sixth — Out of respect for the opinion of thoughtful and fair minded men everywhere, we ought not to in- corporate in our fundamental law this unwise and ques- tionable scheme. It will retard the investment of capi- tal, and check the flow of immigration to our State. Ala- bama should take no backward step. Seventh — The adoption of a fair and honest suffrage plan would secure the sympathy and confidence of our 'fellow citizens in everv sf^ction of tlte Union. Eighth — By accepting this novel device we are launch- 540 Journal of Alabama ing the ship of state upon unexplored seas. We had better pursue the course our fathers traveled and use the_helm with which they steered. We adhere firmly to the Jacksonian Democratic doc- trine of equal rights to all, special privileges to none. Hence, we recommend that the aforesaid subdivision 2 of Section 4 be stricken out. Eespectfully submitted, Frank S. W^hite^ S. H. Dent, Geo. p. Harrison, Wm. C. Gates. Mr. Coleman, of Greene, moved that the report lie on the table, and that 2,000 copies of said report be printed,, and that the report be taken up for consideration at the pleasure of the Convention. The motion prevailed, and 2,000 copies were ordered printed. Mr. Proctor moved that each delegate be allowed 12 copies of said report when printed. The motion prevailed. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the report of the Committee on Taxation. The Chair stated that the question was upon the mo- tion of Mr. Sollie to reconsider the vote by which Sec- tion 1 of the Article XI, reported l)y the Committee on Taxation, was adopted. Mr. Sollie moved to indefinitely postpone the motion to reconsider, and the motion prevailed. The question recurred upon the motion of Mr. de- Graffenried to table Section 4 of the Article XI re- ported by the Committee on Taxation. ■Mr. deGraffenried asked unanimous consent to with- draw his motion to table Section 4. Consent was granted, and the motion to table was withdrawn. Mr. deGraffenried offered the following amendment Constitutional Convention. 541 to Section 4 of the Article XI reported by the Com- mittee on Taxation : . Amend Section 4 by striking the words "sixty-five" and add in lieu thereof the words "seventy," and add to the end of the section the following: "The General Assembh^ shall, at each session, set apart a sufficient amount of such levy to i>ay the interest on the public debt, and the proceeds of the levy so set apart shall be used for no other purpose." adjournment. Pending the further consideration of the report of the Committee on Taxation, the hour of 2 o'clock p. m. arrived, and under the resolution heretofore adopted the Convention adjourned until 10 o'clock Monday mornino-. THIRTY-FOURTH DAY. Convention Hall. Montgomery, Ala., Monday, July 1, 1901. The Convention met pursuant to adjournment. Prayer was oft'ered by Rev. Dr. Patterson of the city. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constitute a quorum : Messrs. President, Beddow, Almon, Bethune, Ashcraft, Blackwell, Barefield, Brooks, Beavers, Browne, 542 Journal of Alabama- Burnett, Burns, Byars, Cardon, Carmichael (Colbert), Carnathon, Chapiuan, Cobb, Cofer, Coleman (Walker), Cunninoham, Davis (DeKalb), Davis (Etowah), Dent, Eley, Eyster, Espy, Ferguson, Fletcher, Foshee, Foster, Gilmore, Glover, Graham ( Montgomery ) , Grant, Grayson, Greer (Calhoun), Greer (Perry), Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hinson, Hodges, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Wilcox), Knight, Kyle, Ledbetter, Leigh, iwocklin, Lomax, Long (Butler), Long (Walker), Lowe (Jefferson), Lowe (Lawrence), ^lacdonald, Martin, Maxwell, Merrill, Miller (Marengo). Miller (Wilcox), Moody, Mulkey, Murphree, NeSmith, Norman, Norwood, Gates, O'Neal (Lauderdale),. Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pettus, Phillips, Pillans, Pitts, Reynolds (Chilton),. Robinson, Rogers (Lowndes),. Rogers (Sumter), Sanders, San ford, Sentell, Sloan, Constitutional Convention. 543- Smith (Mobile), Watts, Smith, Mac. A., Weakley, Sollie, ^ Weatherlv. Spears, * White, Spragins, Wliiteside, Stewart, Williams (Barbour), Studdard, Williams (Marengo), Tayloe, AViim— 109. Waddell, LEAVES OF ABSENCE. Was granted to Messrs, Kirkland for to-day ; Searcey for to-day; Smith, M. M., for to-day; Proctor for to- day ; Reynolds, of Henry, for Saturday last and to-day y deGraffenried for to-day and to-morrow; Samford for to-day and to-morrow; Beavers for to-day; Altman in- definitely ; Duke indefinitely ; ^Valker for to-day and to- morrow; Willett for to-day; Case for to-day; Wilson, of Clarke, for to-day. report of the committee on the JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in : The Committee on the Journal beg leave to report that they have examined the Journal for the thirty- third day of the Convention and that the same is cor- rect. Respectfully submitted, John F. Proctor^ Chairman, RESOLUTIONS. The following resolutions were introduced, severally read one time at length, and referred to appropriate committees, as follows : Resolution 213, by Mr. Fletcher : Whereas, this Convention was called chiefly to make a Constitution regulating suffrage and taxation, and Whereas, more than one-half of the time alloted for 544 Journal of Alarama its work In' the enabling act has been consumed in the passage of one article; and Wh.ereas, expedition is plainly essential to the carry- ing out of the purposes for which this Convention as- sembled, and to economize expenses to the State; and Whereas, it is believed that the consideration and dis- position of the Suffrage article as soon as possible will greatly facilitate and hasten to completion the business novv' before the Convention ; Therefore, be it Resolved, That after the adoption of the article now being discussed, the Article on Suffrage shall be taken up for consideration, and continued until finally disposed of; Be it further Resolved, That all articles heretofore made special orders shall be postponed and taken up in their regular order after the article on Suffrage shall have been adopted. The resolution was referred to the Committee on Rules. Resolution 214, by Mr. Henderson : Resolved, That whereas, under Chapter 5 of Article 1 of the Statutes of this State, it is provided that the expense incurred in maintaining the office of the De- partment of Agriculture shall be paid out of the funds to the credit of this department, derived from the sale of fertilizer tags, and further, provided, among other duties that the commissioner shall furnish informa- tion and illustrative maps, as to mines, minerals, for- ests, soils, climate, water, water power, industries, and aid in immigration, all of which is in the interest of the entire State; and Whereas, this Convention, in adopting report of the Committee on Executive Department, has made the De- partment of Agriculture and Industries a constitutional office; Now, therefore, be it Resolved by the people of Ala- bama, in Convention assembled. That no separate de- partment of this State should be maintained out of any S])ecial tax levied and collected under the laws of this State. Constitutional Convention. 545 Resolved further, That it being evident that the tax on fertilizers is largely in excess of the amount neces- sary for the protection of the farmers against spurious guano's, we therefore recommend that it shall be the duty of the General Assembly to enact such law as will require all taxes and licenses collected for the sale of fertilizer tags to be paid into the general fund of this State, as well as to make such just and proper reduction in said tax as will not exceed the cost of the purpose for which it was authorized to be levied and collected. The resolution was referred to the Committee on Taxation. report of standing committees. Mr. Heflin, of Randolph, chairman of the Committee on Schedules, Printing* and Incidental Expenses, re- ported the following resolution favorably, with an amendment : Resolution 168, by Mr. Gates: Resolved, That inasmuch as the printed acts of the last session of the General Assembly are so voluminous as to make them unwieldy and easily destructible, that the Secretary of State be directed to have them bound as follows : The General Laws in one volume, the General and Local Laws in two volumes; the additional cost, if any, to be paid out of the public printing appropriation. Mr. Spragins moved to table the resolution 168. The motion previiiled, and the resolution was laid upon the table. unfinished business. The Convention proceeded to the consideration of the unfinished business, which was the report of the Com- mittee on Taxation. The question was upon the amendment offered by deGraffenried to Section 4 of the Article XI, reported by the Committee on Taxation. 35 546 Journal of Alabama RECESS. PciKliui*- the further eonsideratiou of the report of the Ooiuiuittee on Taxation, the hour of 1 o'clock p. m. arrived, and uuder the rules, the Couveution recessed until 3 o'clock this afternoon. AFTERNOON SESSION. The Convention met pursuant to adjournment. ROLL CALL. On a call of the roll of the Convention the follow- ing delegates answered to their names, which consti- tuted a quorum : Messrs. President, Almon, Ashcraft, Banks, Barefield, Beddow, Bethune, Blackwell, Brooks, Browne, Burnett, Burns, Byars, Cardon, Carmichael (Colbert), Carnathon, Case, Chapman, Cobb, Cofer, Coleman (Greene), Coleman (Walker), Cornwell, Cunningham, Davis (DeKalb), Dent, Eley, Eyster, Espy, Ferguson, Fletcher, Foshee, Foster, Glover, Grayson, Greer (Calhoun), Greer (Perry), Harrison, Hefl'in (Chambers), Heflin (Randolph), Hendorson, Hinson, Constitutional Convention. 547 Hodges, Howell, Ino-e, Jenkins, Jones (Montgomery), Jones (Wilcox), Knight, Kyle, Ledbetter, Leigh, Locklin, Lomax, Long (Butler), Long (Walker), Lowe (Jefferson), Lowe (Lawrence), Macdonald, Martin, Maxwell, Merrill, Miller (Wilcox), Moody, Miilkey, Murphree, Norman, Norwood, O'Neal (Lauderdale), Opp, O'Rear, Palmer, Parker (Elmore), Pettus, Phillips, Pillaus, Pitts, Reese, Reynolds (Chilton), Reynolds (Henry), Robinson, Rogers (Lowndes), Rogers (Sumter), Sanders, Sanford, Sloan, Smith (Mobile), Smith, Mac. A., Sollie, Sorrell, Spears, Spragins, Tayloe, Waddell, W^atts, Weakley, Weatherly, White, Williams (Barbour), Williams (Marengo), Winn— 101. unfinished business. The Convention proceeded to the consideration of the unfinished Inisiness, which was the report of the Com mittee on Taxation. The question was upon the amendment offered by Mr. deCraffenried to Section 4 of the Article XI re- ported 1)Y the Committee on Taxation. Mr. White moved to table the amendment offered by Mr. deCraffenried. 548 Journal of Alabama Tlie motion prevailed, and the amendment was laid upon the table. Mr. White moved to table Section 4 of Article XI, reported by the Committee on Taxation. The motion to table was lost : Yeas, 32 ; nays, G6. YEAS. Messrs. Ashcraft, Banks, Barefield, Beddow, Cobb, Davis (Etowah), Dent, Eley, Eyster, Ferguson, Graham (Montgomery), Greer (Calhoun), Henderson, Jenkins, Jones (Bibb), Jones (Montgomery), Locklin, Lowe (Jefferson), Murphree, Norwood, O'Neal (Lauderdale) Opp, Reynolds (Chilton), Iiogers (Lowndes), Sanders, Smith (Mobile), Smith, Mac. A., Waddell, Watts, Weaklev, White, " Williams ( Barbour )- 32. NAYS. Messrs. President, Bethune, Brooks, Browne, Burnett, Burns, Byars, Carnathon, Cofer, Coleman (Walker), Cunningham, r.'wis (DeKalb), Espy, Fletcher, Foshee, Foster, Gilmore, Glover, Grant, Grayson, Greer (Perry), Harrison, Heflin (Chambers), Heflin (Randolph), Hinson, Hodges, Howze, Inge, ^ Constitutional Convention. 549 Jackson, Phillips, Jones (Wilcox), Pillans, Kirk, Pitts, Knight, Keese, Kyle, Robinson, Leigh, Rogers (Sumter), Long (Butler), Sanford, Long (Walker), Sen tell, Macdonald, Sloan, Martin, Sorrell, Maxwell, Spears, Merrill, Spragins, Moody, Stewart, Mulkey, Studdard, NeSmith, Tayloe, Norman, Weatherly, O'Rear, Whiteside, Parker (Elmore), Williams (Marengo), Pettus, Winn— 66. PAIRS ANNOUNOM). The following pairs were announced : Messrs. Corn well and Almon; Blackwell and Proc- tor ; Graham, of Talladega, and Cardon ; Carmichael, of Colbert, and Haley ; Ledbetter and Coleman, of Greene ; Lomax and Searcy; Selheimer and Lowe, of Lawrence; McMillan, of Wilcox, and Miller, of Marengo; Wilson, of Washington; and Miller, of Wilcox; Gates and Mor- risette; Wilson, of Clarke, and Palmer; Kirkland and Sollie. Messrs. Corn well, Blackwell, Graham, of Talladega; Carmichael, of Colbert; Ledbetter, Lomax, Selheimer, McMillan, of Wilcox; Wilson, of Washington; Gates, Wilson, of Clarke; and Kirkland would vote aye; and Messrs. Almon, Proctor, Cardon, Haley, Coleman, of Greene; Searcey, Lowe, of Lawrence; Miller, of INIa- rengo; Miller, of Wilcox; Morrisette, Palmer, and Sol- lie would vote nay. Mr. Williams, of Marengo, moved to adopt Section 4, as reported by the committee. h56 Journal of Alarama The motion prevailed, and Section 4 was adopted. SECTION FIVE. Sec. 5. No county in tliis State shall be authorized to levy a larger rate of taxation, in any one year, on the value of the taxable property therein, than 1-2 of 1 per- centum; provided, that to pay debts existing at the ratification of the Constitution of 1875, an additional rate of 1-1 of 1 per centum may be levied and collected, which shall be exclusively appropriated to the payment of such debts or the interest thereon ; provided further, that to pay any debt or liability now existing against any county, incurred for the erection, construction and maintenance of the necessary public buildings or bridges or roads, any county may levy and collect such special taxes not to exceed a rate of 1-1 of 1 percentum, as may have been or may hereafter he authorized by law, which taxes so levied and collected shall be applied ex- clusively to the purposes for which the same were so levied and collected; provided further, that for the maintenance of public schools any county may levy and collect such special tax as may be authorized by law, provided such special tax, the time it is to continue, and the purposes thereof, shall have been first submitted to a vote of the property taxpayers, who are qualified elect- ors in said county and voted for by majority thereof in numbers and in value of taxable property, voting at such election, provided that the rate of such special tax for maintenance of public schools shall not increase the rate of taxation in any one year to more than |1.25 on every one hundred dollars worth of taxable property, for all State and County purposes, excluding any spe- cial tax for the erection, construction and maintenance of necessary public buildings, bridges and roads; and provided further, that such special tax for schools shall be apportioned equitably and paid to the public schools of such county, by the Court of County Commissioners or Board of Revenue thereof. Was read at length. Mr. Cunningham offered the following amendment OONSTITWTIONAL CONVENTION. 551 to Section 5 of the Article XI reported b}^ tlie Commit- tee on Taxation: Strike out in the fifteenth line the phrase "property tax payers who are" and in the sixteenth line the fol- lowing words "in numbers and in value of taxable prop- erty.""^ ADJOURNMENT. Pending the further consideration of the amendment to Section 5 of the Article XI, reported by the Com- mittee on Taxation, the hour of 5 oVdock p. m, arrived, and under the rules the Convention adjourned until 10 o'clock to-morrow morning. THIRTY-FIFTH DAY. Convention Hall. Montgomery, Ala., Tuesday, July 2, 1901. The Convention met pursuant to adjournment. Prayer was offered by Ilev. Mr. Patterson of the city. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constitute a quorum : Messrs. President, Browne, Almon, Bulger, Ashcraft, Burnett, Banks, Burns, Barefield, Byars, Beavers, Cardon, Beddow, Carmichael (Colbert), Bethune, Carmichael (Coffee), Blackwell, Carnathon, Brooks, Chapman, 562 Journal of Alabama Cobb, Cofer, Coleman ^Walker), Craig, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, Duke, Eley, , Eyster, Espy, Ferguson, Fitts, Foshee, ^ Poster, Freeman, Gilmore, Glover, Graham (Montgomery), Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Harrison, Heflin (Chambers). Heflin (Randolph),' Henderson, Hinson, Hodges, Hood, Howze, Inge, Jackson, Jenkins^ Jones (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), Kirk, Knight, Kirkland, Kyle, Ledbetter, Leigh, Locklin, Lomax, Long (Butler), Long (Walker), Lowe (Jefferson), Lowe (Lawrence), Macdonald, McMillan (Wilcox), Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Mulkey, Murphree, NeSmith, Norman, Norwood, Gates, O'Neal (Lauderdale), Opp, O'Kear, Palmer, Pearce, Pettus, Phillips, Pillans, Pitts, Reest', Reynolds (Chilton), Reynolds (Henry), Robinson, Rogers ( Lowndes ) , Rogers (Sumter), Sanders, Constitutional Convention. 553 Sanford, Tayloe, Searcy, Waddell, Selheimer, Walker, Sentell, Watts, Sloan, Weakley, Smith (Mobile), Weatlierly, Smith, Mac. A, White, Smith, Morgan M., Whiteside, Sollie, Willett, Sorrell, Williams (Barbour), Spears, Williams (Marengo), Spragins, Wilson (Clarke). Stewart, Winn — 130. Studdard, LEAVE of absence. Was granted to Messrs. Carmichael, of Coffee, for yesterday; Thompson for Saturday last, yesterday and to-day ; Rent ro for yesterday and to-day. report of^the committee on the journal. The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in : The Committee on the Journal beg leave to report that they have examined the Journal for the thirty- fourth day of the Convention, and that the same is cor- rect. Respectfully submitted, John F. Proctor, Chairman. resolution taken from table. Mr. Robinson moved to take from the table the re- port of the Committee on Rules, which report contains resolution 166. Said report reads as follows : Amend resolution 166, by Mr. Harrison, of Lee, so as to read as follows : Resolved, That all speeches on amendments to ordi- nances reported by standing committees be limited to 554 Journal of Alabama five miuutes each, whether made before or after the ordering of the previous question. The original resolution reads as follows: Resolved, That all speeches to amendments on ordi- nances reijor-ted hj standing committees, whether made before or after the ordering of the previous question, be limited to five minutes each. The motion prevailed, and the resolution was taken from the table. Mr. Sollie offered the following amendment to the resolution : Amend by striking the word "five" and substitute therefor the word ''ten'' so that it will read ten minutes. Mr. Kirkaud moved to table the amendment offered by Mr. Sollie. The motion was lost. Mr. Rogers, of Sumter, moved to adopt the amend- ment offered by Mr. Sollie. The motion prevailed, and the amendment was adopted. Mr. Rogers, of Sumter, moved to adopt the amend- ment reported by the committee. The motion prevailed, and the amendment was adopted. , Mr. Rogers, of Sumter, moved the adoption of the resolution as amended. The motion prevailed, and the resolution was adopted. RESOLUTIONS. The folloAving resolutions were offered, severally read one time at length, and the rules were suspended and the resolutions were adopted : Resolution 215, by Mr. Cobb : Whereas, One of our colleagues, realizing tlie truth of the sentiment tliat it is not well for man to live alone, has taken to himself a life companion; and. Whereas, We recognize in this course of our brother delegate the exhibition of that wiMom and prudence which liave always characterized liim; and. Whereas, This Convention desires to put the stamp Constitutional Convention. 555 of approval upon conduct so eminently conducive to the happiness and usefulness of men; and, "SA^hereas, The family relation is the chief corner stone of our political institutions ; Therefore, be it resolved, That we, the members of this Convention, extend to Hon. E. D. Willett and his accomplished wife our sincere felicitations, and express to them our earnest wish that the journey on which tliey have recentlj^ entered may be thornless and pro- tracted, leadng them at the last to that perfect bliss which comes to those who make secure entrance into the beautiful land. Eesolved, That the clerk of this Convention deliver to Mr. and Mrs. AVillett a certified copy of these resolu- tions. Resolution 216, by Mr. Dent: That hereafter the hours of the session of this Con- vention shall be as follows : Meet daily at 9 :30 a. m., adjourn at 1 p. m. ; meet at 3:30 p. m., and adjourn at 6 p. m. Mr. Pettus offered the following amendment to the resolution : Amend by striking out 6 p. m. and inserting in lieu thereof 5 :30 p. m. The amendment was lost. Mr. Bulger offered the following amendment: Amend by striking out 3 :30 and adding 4 where it appears in the resolution. The amendment was lost. The resolution was thereupon adopted, the rules having been suspended. Mr. President : The Committee on Executive Department direct me to ask that the article on the Executive Department, which has heretofore been adopted and been engrossed, be ordered to a third reading, and they recommend the adoption of the accompanying resolution. Thos. G. Jones, Chairman. 556 Journal op Alabama Ee^oliition 217, by Mr. Jones, of Montgomery: Resolved, That the ordinance to create and define the Executive Deimrtment be now taken up and ordered to a third reading and final passage. Mr. Jones, of Montgomery, moved to suspend the rules and adopt the resolution. The motion prevailed, and the resolution was adopted. ORDINANCE ON THIRD READING. Under the resolution 217 heretofore adopted the ordinance "To create and define the Executive Depart- ment" was ordered to a third reading. Mr. Long, of Walker, moved to reconsider the vote by which the resolution 217 ordering the ordinance to a third reading was adopted. Mr. Williams, of Marengo, moved that the rules be suspended and that the motion of Mr. Long, of Walker, be considered immediately. The motion prevailed, and the rules were suspended. Mr. Miller, of Marengo, moved that the motion of Mr. Long, of Walker, be laid upon the table. The motion prevailed, and the motion of Mr. Long, of Walker, was laid upon the table. The ordinance "To create and define the Executive Department," was read a third time at leng-th, as fol- lows, and adopted : An ordinance to create and define the Executive De- partment. Be it ordained by the people of Alabama, in Conven- tion assembled, that Article V of the Constitution be sitricken out and the following article inserted in lieu thereof : ARTICLE V. • EXECUTIVE DEPARTMENT. Section 1. The Executive Department shall consist of a Governor, Lieutenant Governor, Secretary of ] Constitutional Convention. 557 State, Auditor, Treasurer, x\ttorney General, Su- perintendent of Education, Commissioner of Agricul- ture and Industries, and a Sheriff for each county. Sec. 2. The supreme executive power of this State shall be vested in a chief magistrate, who shall be styled "the Governor of the State of Alabama." Sec. 8. The Governor, Lieutenant Governor, Secre- tary of State, Treasurer, Auditor, Attorney General, Superintendent of Education, and Commis'sioner of Ag- riculture and Industries shall be elected at the same time and place appointed for the election of members to the General Assembl}^ in 1902, and every four years thereafter by the qualified electors of the State. Sec. 4. The returns for every election for Governor, Lieutenant Governor, Secretary of State, Au- ditor, Treasurer, Attorney General, Superintendent of Education, and Commissioner of Agriculture and Indus- tries, shall be sealed up and transmitted by the return- ing officers to the seat of government, and directed to the Sjieaker of the House of Representatives, who shall during the first week of the session to which such re- turns shall be made, open and publish them in the pres- ence of both Houses of the General Assembly in joint convention; but the Speaker's duty, and the duty of the joint convention shall be purely min- isterial. The result of the election shall be ascertained and declared by the Speaker from the face of the returns without delay. The person having the highest number of votes for any one of said offices shall be declared duly elected; but if two or more persons shall have an equal and highest number of votes for the same office, the General Assembly, by joint vote, without delay, shall choose one of said persons for said office. Contested elections for Governor, Lieutenant Governor, Secretary of State, Auditor, Treasurer, Attorney General, Superintendent of Education, and Com- missioner of Agriculture and Industries shall be deter- mined by both Houses of the General Assembly in such manner as may be prescribed by law. Sec. 5. The Governor, Lieutenant Governor, Secre- 558 Journal of Alabama tary of State, State Treasurer, Attorney General, State Auditor, Superintendent of Education, and Commis- sioner of Agriculture and Industries elected in the year 1902, shall hold their respective ottices for the term of four years from the fifteenth day of Novend)er of the year in which they shall have hee-n elected, and until their successors shall be elected and qualified, and after the first election under this Constitution no one of said oflttcers shall be eligible as his own successor; and the Governor shall not be eligi- ble to election or appointment to any office under this State or to the Senate of the United States within one year after the expiration of his term. Sec. 6. The Governor and Lieutenant Governor shall each be at least thirty years of age when elected, and shall have been citizens of the United States ten years and resident citizens of this State at least seven years next before the date of their election. The Lieutenant Governor shall be ex-officio President of the Senate, which shall elect a President pro tem from among its own members, who shall discharge the duties of the Lieutenant Governor in the Senate, whenever he is ab- sent or disqualified. But the Lieutenant Governor, when acting las President of the Senate, shall have no rtight to vote, except in the event of a tie. Sec. 7. The Governor, Lieutenant Governor, Secretary Of State, Auditor, Treasurer, Commissioner of Agricul- ture and Industries, Attorney-General, Superintendent of Education shall receive compensation for their services, which shall be fixed by la^^', and which shall not be increased or diminished during the term for which they shall have been elected, and shall, except the Lieutenant Governor, reside at the State Capital, during the time they continue in office, except in eases of epidemic. The Lieutenant Governor shall be jvaid the same compensation as that received by the Speaker of the House, except when serving as Governor, when he shall receive the salary of said officer. Sec. 8. If the session of the General Assembly next after the ratification of this Constitution, shall enact Constitutional Convention. 559 a law increasing the salary of tlie Governor, such in- crease shall become effective and apply to the first (Jov- ernor elected after the ratification of this Constitution, if the General Assembly shall so determine. Sec. 9. The Governor shall take care that the laws be faithfully executed. Sec. 10. The Governor may require information in writing, under oath, from the officers of the Executive Department named in this article, or created by statute, on any subject relating to the duties of their respective offices; and he may at any time require information in writing, under oath, from all officers and managers of State institutions, upon any subject relating to the con- dition, management, and expenses of their respective offices and institutions. Any such ofiflcer or manager who makes a wilfully false report, or fails without suffi- cient excuse to make such report on demand, is guilty of an impeachable offense. Sec. 11. The Governor may, by proclamation on ex- traordinary occasions, convene the General Assembly at the seat of government, or, at a different place, if since their last adjournment, that shall have become dangerous from an enemy, insurrection, or other lawless outbreak, or from any infectious or contagious disease; he shall state specifically^ in such proclamation each matter concerning which the action of that body is deemed necessary. Sec. 12. The Governor shall, from time to time, give to the General Assembly information of the state of the government, and recommend to their consideration such measures as he may deem expedient; and at the com- mencement of each regular session of the General As- sembly, and at the close of his term of office, give in- formation, by written message, of the condition of the State; and he shall account to the General Assembly, as may be prescribed by law, for all moneys received and paid out by him, or by his order; and, at the commence- ment of each regular session, he shall present to the General Assembly estimates of the amount of money re- quired to be raised by taxation for all purposes. 560 Journal of Alabama Sec. 13. The Governor shall have power to remit fines and forfeitures, under such rules and regulations as may be prescribed by law; and, after conviction, to grant reprieves, paroles, commutations of sentence and paixlons, except in cases of impeachment. The Attorney General, Secretary of State and State Auditor shall constitute a Board of Pardons, who shall meet on the call of the Governor, and before whom shall be laid all recommendations or petitions, for par- don or commutations or paroles, in eases of felony ; and the Board shall hear them in open session, and give their opinion in writing, to the Governor thereon, after which or on the board's failure to advise for more than sixty days, the Governor may grant or refuse the com- mutation, parole or pardon, as to him seems best for the public interest. He shall communicate to the Gen- eral Assembly at each session each case of re- mission of fines and forfeitures, reprieves, com- mutation, parole, or pardon, with his reasons there- for, and the opinion of the Board of Pardons in each case required to be referred ; stating the name, the crime of the convict, the sentence, its date, and the date of re- prieve, commutation, parole or pardon. Pardons in cases of felony and other offenses involving moral turpi- tude, shall not relieve from civil and ix)litical disabili- ties, unless specifically expressed in the pardon, and ap- proved by the Board of Pardons. See. 14. 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 not, he shall return it, with his objections, to that House in which it shall have originated, who shall enter the ob- jections at large upon the Journal, and proceed to re- consider it. If the Governor's message proposes no amendment Avliich would remove his objections to the bill, the House in which the bill originated may proceed to reconsider it, and if a majority of the W'hole number elected to that House vote for the passage of the bill, the bill shall be sent to the other House, which shall, in like manner, reconsider, and if a majority of Constitutional Convention. • 561 the wliole number elected to tlitit House vote for the passage of the bill the same shall become a law, notwith- standing the Governor's veto. If the Governor's message proposes amendment Avhich would remove his objections, the House to which it is sent may so amend the bill and send it with the Governor's message to the other House, which may adopt, but cannot amend said amendment; and both Houses concurring in the amendment, the bill shall again be sent to the Governor, and acted on by him as on other bills. If the House to which the bill is re- turned refuses to make such amendment, it shall proceed to reconsider; and if a majority of the whole number elected to that House, shall vote for the passage of the bill. It shall be sent with the objections to the other House, by which it shall likewise be reconsidered, and if approved by a majority of the whole number of that House, it shall become a law. If the House to which the bill is returned makes the amendment and the other House declines to pass the same, that House shall pro- ceed to reconsider, as though the bill had originated therein, and such proceedings shall be taken thereon as above provided. In every case, the vote of both Houses shall be determined by yeas and nays, and the names of the members voting for or against the bill shall be en- tered upon the Journals of each House respectively. If any bill shall not be returned by the Governor, Sundays excepted, within six days after it shall have been pre- sented, the same shall become a law in like manner as if he had signed it, unless the General Assembly, by their adjournment, prevent its return, in which case it shall not be a law; but when return is prevented by recess such bill must be returned to the House in which it originated witliin two days after reassembling otherwise it sliall become a law; bills presented to the Governor within five days before the adjournment of the General Assembly may be approved by the Governor at any time within ten days after the final ad- journment, if approved and deposited with the Secretary of State within that time. Every 36 562 Journal of Alabama vote, order or resolution to which coucurrence of both Houses may be necessary, except questions of adjourn- ment, and the bringing on of elections by the two Houses, and amending this Constitution, shall be presented to the Grovernor; and before the same shall take effect, be approved by him; or, being disapproved, shall be re- passed by both Houses, according to the rules and limi- tations prescribed in the case of a bill. Sec. 15. The Crovernor shall have power to approve or disapprove any item or items of any bill making ap- propriations embracing distinct items, and the part or parts of the bill approved shall be the law ; and the item or items disapproved shall be void, unless repassed, ac- cording to the rules and limitations prescribed for the passage of other bills over the Executive veto; and he shall in writing, state specifically the item or items he disapproves, setting the same out in full in his message ; but in such case, the enrolled bill shall not be returned with the Governor's objection. Sec. 16. In case of the Governor's removal from office, death or resignation, the Lieutenant Governor shall be- come Governor. If both the Governor and Lieutenant Governor are removed from office, die or resign, prior to the next general election, after their election, for members of the General Assembly, the Governor and Lieutenant Governor shall be elected at such ek'c- tion for the unexpired term, and in the event of a A^acancy in the office, caused by the removal from office, death or resignation, of the Governor and the Lieutenant Governor, pending such vacancy and until their successors shall be elected and qualified, the office of Governor shall be held and administered by eitlici- the President pro tem of the Senate, Speaker of the House of liepresentatives. Attorney General, Auditor. Secretary of State or Treasurer, and in the order here- in named. In case of the impeachment of the Gover- nor, his absence from the St.ate for more than twenty days, unsoundness of mind, or other dis- ability, the power and authority of the office shall devolve, in the order herein named, upon the Lieu- : Constitutional Convention. 563 tenant Governor, President pro tern of the Senate, Speaker of the House of Eepresenta fives, Attorney Gen- eral, State Auditor, Secretary of State, and State Treas- urer; if anj' of these ofltieers be under any of the disa- l)ilities herein specitied, the office of Governor shall be administered in the order named by these officers free from such disability, until the Governor is acquitted, returns to the State, or is restored to his mind, or re- lieved from other disability. If the Governor shall be alisent from the State over twenty days, the Secretary of State shall notify the Lieutenant Governor, who shall enter upon the duties of Governor; if both the Governor and Lieutenant Governor shall be absent from the State over twenty days, the Secretary of State shall notify the President pro tern of the Senate, who shall enter upon the duties of the Governor, and so on, in case of such absence, he shall notify each of the other officers named in their order, who shall discharge the duties of Governor, until the Governor or other officers entitled to administer the office in succession to the Governor, returns. If the Governor-elect fails or refuses from any cause, to qualify, the Lieutenant-elect shall qualify, and cause, to qualify, the Lieutenant Governor-elect shall qualify, and exercise the duties of the Governor's office until the Governor-elect quali- fies; and in the event both the Governor-elect and Lieutenant Governor-elect, from any cause fail to qualify, the President pro tem of the Senate, the Speaker of the House of Representatives, the Attorney General, State Auditor, Secretary of State, and State Treasurer shall in like manner, in the order named, ad- minister the government until the Governor or Lieuten- ant Governor-elect qualifies. Sec. 17. If the Governor or other officer administer- ing the office shall appear to become of unsound mind, .it shall be the duty of the Supreme Court of Alabama, upon request in ^-riting of any two of the officers named in Section 15, not next in succession of the Governor^ as- ascertain the mental condition of the Governor, or other 564 Journal of Alabama officer exercising- the office, and if he is of unsound mind, to so certify upon its minutes; a copy of whicli, duly certified, shall be filed in the office of the Secretary of State ; and in that event, it shall be the dut}^ of the offi- cer next in succession, to perform the duties of the Grov- ernor until the Grovernor or other officer administering; the office is restored to his mind. When the incumbent denies that the Governor or other person entitled to ad- minister the office has been restored to his mind, the Supreme Court, at the instance of any officer named in Section 15, shall ascertain the truth concerning the same, and if the officer has been restored to his mind, shall so certify on its minutes, and file a duly certified copy thereof with the Secretary of State, and in that event his office shall be restored to him. The recpiest in writng herenabove provided for shall be verified by the affidavit of those making such request. And the Supreme Court shall prescribe rules of practice in such proceedings, Avhich rules shall include a provision for the service of notice on the Governor of such proceed- ings, and the method of taking testimony therein. Sec, 18. The Lieutenant Governor, the President pro tem of the Senate, and the Speaker of the House of Rep- resentatives, Attorney General, State Auditor, Secre- tary of State and State Treasurer while iKlministering the office of Governor shall receive like compensation, and no other than that prescribed by law for the Gov- ernor. Sec. 19. No person shall at one and the same time hold the office of Governor of this State and any office, civil or military, either under this State or the United States, or any other State or government, except as otherwise provided in this Constitution. Sec. 20. The Governor shall be commander in chief of the militia and volunteer forces of this State, except when they shall be called into the service of thp United States; and he may call out the same to execute the laws, suppress insurrection, and rejiel invasion ; but need not command in person unless directed to do so by reso- lution of the General Assembly, and when acting in the Constitutional Convention. 565 service of the United States, he shall appoint his staff and the General Assemblj' shall fix his rank. ;Sec. 21. No person shall be eligible to the office of Secretary of State, State Treasurer, State Auditor, Su- perintendent of Education, Attorney General, or Com- missioner of Agriculture and Industries, unless he shall have been a citizen of the United States at least seven years, and shall have resided in this State at least five years next preceding his election, and shall be at least twenty-five j^ears old when elected. Sec. 22. There shall be a Great Seal of the State, which shall be used officially by the Governor, and the Seal now in use shall continue to be used until another shall have been adopted by the General Assembly. Said Seal shall be called the Great Seal of the State of Alabama. Sec. 23. The Secretary of State shall be the custodian of the Seal of the State, and shall authenticate therewith all official acts of the Governor; his approval of laws, resolutions, appointments to office and administrative orders, excepted. He shall keep a register of the offi- cial acts of the Governor, and when necessary, shall at- test them, and lay copies of same, together with copies of all palmers relative thereto, before either House of the General Assembly, when required to do so, and shall I>erform such other duties as may be prescribed by law. Sec. 21. All grants and commissions shall be issued in the name and by the authority of the State of Ala- bama, sealed with the Great Seal and signed by the Governor, and countersigned by the Secretary of State. &ec. 25. Should the office of Secretary of State, State Auditor, State Treasurer, Attorney General, Superin- tendent of Education, or Commissioner of Agriculture and Industries become vacant, for any cause, the Gov- ernor shall fill such vacancy until the disability is re- moved or a successor elected and qualified. In case any of said officers shall become of unsound mind, such un- soundness shall be ascertained by the Supreme Court upon the suggestion of the Governor. Sec. 26. The State Treasurer, State Auditor, Secret^iry of State, Attorney General and the Commissioner of o66 Journal of Alabama Agriculture and Industries shall i>erform such duties as may be prescl'ibed by law. The State Treasurer and State Auditor shall every year at a time the General Assembly may fix make a full and complete report to the Goyernor, showing the receipts and disbursements or revenues of every character, and all claims audited and paid out by items, and all taxes and revenues col- lected and paid into the Treasury, and from what sources and they shall make reports oftener upon any matters pertaining to their office if required by the Gov- ernor or General Assembh\ Sec. 27. The State Auditor, State Treasurer, Attor- ney General, Secretary of State, and Commissioner of Agriculture and Industries shall not receive to their use any fees, costs, perquisites of office, or other compen- sation than their salaries as prescribed by law, and all fees that may be payable for any services performed, through such officers, shall he at once paid into the State Treasury. Sec. 28. A Sheriff shall be elected in each county by the qualified electors thereof, who -shall hold his office for a term of four years, unless sooner removed, and shall be ineligible to such office as his own successor. Whenever any prisoner is taken from the jail or from the custody of the Sheriff, or his deputies, and put to death, or suffers grievous bodily harm, owing to the neglect, connivance, cowardice or other grave fault of the Sheriff, such Sheriff may be impeached under Section 2 of Arti- cle VII of the Constitution; and the Governor Avhen satisfied after hearing the Sheriff, that he should be impeached, may suspend him from office until the im- peachment proceedings are decided. If the Sheriff be impeaclied he shall not be eligible to hold any other office in this State during the time for which he had been elected to serve as Sheriff. Yeas, 101; nays, 20. Constitutional Convention. 567 YEAS. Messrs. President, Joaes (Bibb), Almon, Jones (Hale), Ashcraft, Jones (Montgomery), Banks, Jones (Wilcox), Beavers, Kirk, Beddow, Kirkland, Bethune, Knight, Blackwell, Kyle, Brooks, Ledbetter, Browne, Leigh, Bulger, Lomax, * Burnett, Lowe (Jefferson), Burns, Lowe (Lawrence), Gofer, McMillan (Wilcox), Cornwell, Martin, Craig, Maxwell, Cnnningham, Merrill, Davis (Etowah), Miller (Marengo), Dent, Miller (Wilcox), Duke, Mulkey, Eley, Murphree, Eyster, NeSmith, Espy, Norman, Fitts, Norwood, Fletcher, Gates, Foshee, O'Neal (Lauderdale), Foster, Opp, Gilmore, O'Rear, Glover, Palmer, Grant, Parker (Cullman), Grayson, Parker (Elmore), Greer (Calhoun), Pettus, Harrison, Pitts, Heflin (Randolph), Reese, Henderson, Reynolds (Henry), Hinson, Robinson, Hood, Rogers (Lowndes), Howze, Rogers (Sumter), Inge, Sanders, Jackson, Searcy, 568 Journal of Alabama Selheiiner, Sentell, Smith (Mobile), Smith, Mac. A., Smith, Morgan M., Sorrell, Spears, Spragins, Studdard, Tayloe, Waddell, Watts, Wea'kley, Weather ly. White, Whiteside, Willett, Williams (Barbour), Wilson (Clarke), Winn— 101. iMessrs. Barefield, Byars, Cardon, Carmichael (Colbert), Carmichael (Coffee), Carnathon, Chapman, Cobb, Davis (DeKalb), Greer (Perry), NAYS. Haley, Jenkins, Long (Walker), - Macdonald, Moody, Phillips, Proctor, Re^^nolds (Chilton), Sloan, Sollie— 20. RECONSIDERATION. INlr. Reese moved to reconsider the vote by which the ordinance was adopted. Under the rnles the motion goes over until to-morr(^w. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was the report of tlie Com- uiittee on Taxation. The question was upon the amendment of Mr. Cun- ningham to Section 5 of the Article XI reported by the Committee on Taxation, j\rr. INferrill offered the followir.g substitute for tlio amendment offered by Mr. Cunningham : Constitutional Convention. 569 Substitute for amendment to Sec\tion 5 of Article on Taxation : In line sixteen, before the word "by/' insert the let- ter "a/' and after the \^'ord "majority" insert "of two- thirds." Strike out in lines sixteen and seventeen the words "in number and in value of taxable property." Strike out in line fifteen "property tax pa^^ers who are." RECESS. Pending the further consideration of the report of the Committee on Taxation, the hour of 1 o'clock arrived, and under the rules the Convention recessed until 3 :30 o'clo-ck this afternoon. AFTERNOON SESSION. The Convention met pursuant to adjournment. roll call. On a call of the roll of the Convention, the following delegates answered to their names, Avhich constituted a quorum : Messrs. President, Burns, Almon, Byars, Ashcraft, Garden, Banks, Carmichael (Colbert), Barefield, Carmichael (Cofifee) , Bartlett, Carnathon, Beavers, Chapman, Beddow, Cobb, Bethune, Cofer, Blackwell, Coleman (Greene), Brooks, Cornwell, Browne, Craig, Bulger, Cunningham, Burnett, Davis (DeKalb), 570 Journal of Alarama Davis (Etowah), Dent, Duke, Eley, Eyster, Espy, Ferguson, Fitts, Fletcher, Foshee, Foster, Gilmore, Glover, Graham ( Montgomery ) , Grayson, Greer (Calhoun), Greer (Perry), Haley, Harrison, lieflin ( Chambers ) , Heflin (Randolph), Henderson, Hodges, Hood, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Hale), Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Ledbetter, Leigh, Locklin, Lomax, Long (Butler), Long (Walker), Lowe ( Lawrence ) , Macdonald, McMillan (Wilcox), Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Mulkey, Murphree, NeSmith, Norman, Norwood, Gates, O'Neal (Lauderdale), Opp, O'Kear, Palmer, Parker (Cullman), Parker (Elmore), Pettus, Phillips, Pillans, Pitts, Proctor, Reese, Reynolds (Chilton), Reynolds (Henry), Robinson, Rogers (Lowndes), Rogers (Sumter), Sanders, Sanford, Searcy, Selheimer, Sentell, Sloan, Smitli (Mobile), Smith, Mac. A. Smith, Morgan M., Constitutional Convention. 571 Sollie, Weakley, Sorrell, Weatlierly, Spears, AVhite, Spragins, Whiteside, Stewart, Willett, Stiiddard, Williams (Barbour), Tajloe, . Williams (Marengo). Vaughan, AVilson (Clarke), Waddell, Winn— 129. Watts, unfinished business. The Convention proceeded to the consideration of the unfinished business, Avhich was the consideration of the report of the Committee on Taxation. The question was upon the substitute offered by Mr. Merrill for the amendment offered by Mr. Cunningham to Section 5 of Article XI reported by the Ccmmiittee on Taxation. Mr. Bulger moved to table Section 5, and the pend- ing amendments thereto, to be taken from the table and considered with the report of the Committee on Educa- tion. Tlie motion prevailed, and Section 5 and the pending amendments were laid ujxin the table. section six. Sec. 6. The property of private corporations, asso- ciations and inclividuals of this State shall forever be taxed at the same rate; provided, this section shall not apply to institutions devoted exclusively to religious, educational or charitable purposes. Was read at length. Mr. Long, of Walker, offered the following amend- ment : Amend Section 6, line six, after the word "education- al" by adding the words "that not over 1,500 acres of land held for educational purposes shall be exempted 572 Journal of Alabama from county taxation;"' provided that all buildings and personal property of every description shall be exempted from all taxation. i\Ir. Browne moved to table the amendment offered by Mr. Long, of Walker. The motion prevailed and the amendment was laid upon the table. Mr. Browne moved to adopt Section 6 of tlie Article XI reported by the Committee on Taxation. The motion prevailed and Section 6 was adopted. SECTION SEVEN. Sec. 7. No city, town or other municipal corporation other than provided for in this article, shall levy or col- lect a larger rate of taxation in any one year on the property thereof, than 1-2 of 1 per centum of the value of such property, as assessed for State taxation during the preceding year; provided, that for the payment of debts existing at the time of the ratification of the Con- stitution of 1875 and the interest thereon, an additional rate of 1 per centum may be collected, to be applied ex- clusively to such indebtedness; provided, further, that for the maintenance of public schools such city, town or other municipal corporation may levy and collect such special tax as may be authorized by law, provided such special tax shall not be levied and collected when it shall cause a greater rate of taxation in any one year than one dollar and seventy-five cents on every hundred dollars of taxable property, for all State, county and municipal purposes, except the erection, construction and main- tenance by counties of necessary public buildings, bridges or roads, and provided such special tax for schools, the time it is to continue, and the purposes thereof, shall have been first submitted to a vote of the property tax payers who are qualified electors in said city, town or other municipal corporations, and voted for by majority thereof, in numbers, and in value of taxable property, voting at such election, and provided such tax for schools shall be apportioned equitably and Constitutional Convention. 573 paid to the public schools of said city, town or other municipal corporation by the municipal authorities thereof; and provided, this section shall not apply to the city of Mobile, which city may levy a tax not to ex- ceed the rate of 3-4 of 1 per centum to pay the expenses of the city government, and may also levy a tax not to exceed the rate of 3-4 of 1 per centum to pay the indebted- ness of said city existing at the time of the ratification of the Constitution of 1875, and the interest thereon; provided further, that this section shall not apply to the city of Birmingham, which city may levy and col- lect a tax not exceeding 1-2 of 1 per centum, in addition to the tax of 1-2 of 1 per centum hereinabove allowed to be levied and collected, such special tax to be applied exclusively to the payment of the interest on the bonds of the said city of Birmingham heretofore issued by said city in pursuance of law, and for a sinking fund to pay oft' said bonds at the maturity thereof. '.Was read at length. Mr. Kyle offered the following amendment to Section 7 of the Article XI reported by the Committee on Tax- ation : Amendment to Section 7, by Mr. Kyle : Strike out all of said section commencing on the eighth line after the word "collect" and ending with the word "qualified" on the fifteenth line, and insert the following : A special tax not to exceed ^ of 1 per cent., provided such tax shall not be levied and collected until such special tax for public schools, the time it is to continue and the purpose thereof, shall have been submitted to a vote of the qualified. And to further amend said section, commencing after the word "thereof" on the twenty-ninth line, and read as follows: And provided all cities, towns and municipal corpora- tions in this State, except the cities of Mobile and Bir- mingham, otherwise provided for in this Constitution, having a bonded indebtedness created after the adoption of the Constitution of 1875, and now in effect, as well 574 Journal of Alarama as all cities, tOAvns and municipal corporations in this State that desire to raise means to secure lij>ht plants, water works and sanitary sewerai^e by the issuance of bonds within the limit prescribed in this Constitution, shall be authorized to levy and collect a tax not to ex- ceed I of 1 per cent, on all real and personal property listed for taxation in said citier diem, unless ex- cused on account of sickness; and Whereas, The members of this Convention have great respect for truth and veracity, and good wishes for the public health, and Whereas, the adoption of the said resolution will have a tendency to make all absent members feel badly, and the effect of makino- all future leaves of absence be 580 Journal of Alabama requested ou aeeoiiut of siekuess of members or their families ; Tlierefore, for the public good, iu the interest of truth, aud as a preventative of au epidemic of sickness among members of this Convention and their families, one or both, be it resolved, by the people of Alabama, in Con- vention assembled, that the said resolution No. 184, which offers a premium of four dollars per day for sick- ness, be and the same is hereby repealed. The resolution was referred to the Committee on Rules. RECONSIDERATION. Mr. Reese moved to reconsider the vote hy which the ordinance "To create and define the Executive Depart- ment" was ordered to a third reading. Mr. Beddow moved to table the resolution of ^Ir. Reese. The motion prevailed, and the motion to reconsider the vote was laid upon the talde. The ordinance "To create and define the Executive Department" was thereupon referred to the Committee on Order, Consistency and Harmony of the Whole Con- stitution. Resolution 218. Mr. Sentell offered the following resolution, and moved that the rules be suspended aud the resolution be adopted : Resolution 218, by Mr. Sentell: Whereas, To-morrow, July 4, is a national lioliday; and Wliereas, many of the meml)ers of this Convention desire to observe the same with their families and friends at home ; Therefore, be it resolved, Tluit when this Convention adjourns at G o'clock this afternoon it stand adjourned until 9 :30 o'clock next Friday morning. The rules were suspended. Constitutional Convention. 581 Mr. Cunningliaiu offered tlie followiug amendment to the resolution 218 : Provided, That no per diem be allowed to members or officers of this Convention. The amendment was adopted: Yeas, 105; najvS, 21. YEAS. Messrs. President, Ashcraft, Banks, Barefleld, Beddow, Bethune, Blackwell, Browne, Burnett, Burns, Carmichael ( Colbert ) , Carmichael (Coffee), Chapman, Cobb, Cofer, Coleman (Greene), Cornwell, Craig, Cunningham, Davis (Etowah), Dent, Duke, Eley, Eyster, Espy, Ferguson, Fletcher, Foster, Gilraore, Glover, Grant, Greer (Calhoun), Greer (Perry), Haley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hinson, Hodges, Hood, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Hale), Jones ( Montgomery ) , Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Leigh, Lowe (Jefferson), Lowe (Lawrence), Macdonald, McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox) IMulkey, Murphree, NeSmitb, 582 Journal of Alabama Norman, Norwood, Gates, O'Neal (Lauderdale), Opp, O'Kear, Palmer, Parker (Cullman), Parker (Elmore), Pettus, Pillans, Pitts, Eeynolds (Chilton), Robinson, Rogers ( Lowndes ) , Sanders, Sanford, Searcy, Selheimer, Sentell, Sloan, Smith (Mobile), Smith, Mae. A., Smith, Morgan M.. Sorrell, Spears, Spragins, Studdard, Tayloe, Waddell, Walker, Watts, Weakley, Weatherly, White, Whiteside, Williams (Barbour), Wilson (Clarke)— 105. NAYS. Messrs. Bartlett, Beavers, Brooks, Bulger, Byars, Cardon, Carnathon, Davis (DeKalb), Foshee, Graham (Montgomery), Howze, Locklih, Lomax, Long (Butler), jMoody, Phillips, Porter, Rogers (Sumter), Stewart, Williams (Marengo), Winn— 21. The question recurred upon tlie adoption of the reso- lution as amended. The resolution, 218, was h)st: Yeas, 41; nays, 85. Constitutional Convention. 583 YEAS. Messrs. Cofer, Craig, Davis (DeKalb), Eyster, Fergugon, Gilmore, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hodges, Howze, Jackson, Jenlvins, Jones (Montgomery), Jones (Wilcox), Kirk, Ledbetter, Maxwell, Miller (Marengo), Mulkey, Norman, Norwood, Gates, O'Neal (Lauderdale), Opp, Parker (Cullman), Pettus, Pitts, Keynolds (Chilton), Rogers (Lowndes), Sentell, Sloan, Smith, Mac. A. Spears, Tayloe, Waddell, Watts, Weakley, White, Whiteside — 41. NAYS. Messrs. President, Banks, Barefield, Bartlett, Beavers, Beddow, Bethune, Blackwell, Brooks, Browne, Bulger, Burnett, Burns, Byars, Cardon, Carmichael (Colbert), Carmichael (Coffee), Carnathon, Chapman, Cobb, Coleman (Greene), Cornwell, Cunningham, Davis (Etowah), Dent, Duke, Eley, Espy, 584 Journal of Alabama Fletcher, Foshee, Foster, Glover, Grant, Greer (Callioun), Greer (Perrj), Haley, Hinson, Hood, Howze, Kirkland, Knight, Kyle, Leigh, Locklin, Lomax, Long (Butler), Long (Walker), Lowe (Jefferson), Lowe ( Lawrence ) , Macdonald, McMillan (Wilcox), Malone, Martin, Merrill, Miller (Wilcox)., Moody, Murphree, NeSmith, O'Kear, Palmer, Parker (Elmore), Pillans, Porter, Proctor, Reese, Reynolds (Henry), Robinson, Rogers (Sumter), Sanders, Sanford, Searcy, Selheimer, Smith (Mobile), Smith, Morgan M. Stewart, Studdard, Walker, Weatherly, Williams (Barbour), Williams (Marengo), Wilson (Clarke) Winn— 85. REPORT OF COMMITTEE ON RULES. Mr. Smith, of Mobile, acting chairman of the Com- mittee on Rules, submitted the following report : The Committee on Rules reports as a substitute f(n' resolution 205, introduced by Mr. Reese, of Dallas, the following resolution : Resolved, That sul)division fi of Rule 22 be amend(Nl so as to read as follows: G. Call of the roll in alpiia- l)etical order for the introduction of resolutions, me- morials, petitions and ordinances and their ])roper ref- erence; but if the roll call is not completed by 10:30 Constitutional Convention. 585 o'clock of any day, the Couveution shall at that hour proceed with the next regular order of busiuess. On motion of Mr. Smith, of Mobile, the report of the committee was concurred in, and the resolution, as re- ported by the Committee on llules, was adopted. The Committee on Kules reports as a substitute for resolution 208, introduced b}' Mr. Cornwell, of Jeffer- son, the following : Kesolved, That rule 55 be amended so as to read as follows: That the rules of the Convention shall not be suspended, except by a two-thirds vote of every dele- gate present; provided, a quorum must vote; provided, further, that the rule limiting debate upon ordinances reported by committees shall not be suspended, except by unanimous consent. Mr. Jones, of Montgomery, moved to table the resolu- tion, 208, as reported by the Committee on Eules. The motion prevailed, and the resolution 208, as re- ported b}' the Committee on Rules, was laid upon the table. The Committee on Rules reported favorably the fol- lowing resolution: Resolution 184, by Mr. Cunningham: Resolved, That from and after the passage of this resolution no per diem will be allowed to delegates to this Convention who are absent except those granted leaves of absence on account of sickness of themselves or immediate families. The resolution was adopted : Yeas, 72 ; nays, 54. YEAS. iNfessrs. Ashcraft, Bulger, Banks, Burns, Barefield, Carnathon, Bartlett, Chapman, Beddow, Cobb, Blackwell, Cofer, Brooks, Coleman ( Greene) > Browne, Cimningham, 586 Journal of Alabama Dent, Eley, Espy, Ferguson, Fletcher, Foster, Glover, Greer (Perry), Haley, Heflin (Chambers), Ileflin (Randolph), Ileuderson, Howze, Inge, Jones (Hale), Jones (Montgomery), Jones (Wilcox), Knight, Kyle, Leigh, Lowe (Lawrence), Macdonald, Malone, Martin, Maxwell, Miller (Wilcox), Murphree, NeSmith, Norman, Norwood, Gates, G'Neal (Lauderdale), ( )pp, Palmer, Parker (Elmore), Pettiis, Phillips, Pillans, Porter, Kogers (Lowndes), liogers (Sumter), Sanders, Sanfordj Searcy, Smith (Mobile), Smith, Mac. A., Spears, Spragins, Stewart, Waddell, Walker, Weakley, Weatherly, White, Whiteside, Williams ( IMarengo ) — 72. NAYS. Messrs. Beavers, Beth line, Burnett, Byars, Cardon, Carmichael ( Colbert ) , Carmichael (Coffee), Cornwell, Craig, Davis (DeKalb), Davis (Etowah), Duke, Eyster, Foshee, Gilmore, Graham ( Montgomery ) , Grant, Grayson, Greer (Calhoun), Hodges, Constitutional Convention. 587 Hood, Parker (Cullman), Jackson, Pitts, Jones (Bibb), Proctor, Kirk, Reese, Kirkland, Reynolds (Chilton), Ledbetter, Reynolds (Henry), Locklin, Robinson, Lomax, Selheimer, Long (Butler), Sentell, Long (Walker), Sloan, Lowe (Jefferson), Smith, Morgan M. McMillan (Wilcox), Sorrell, Merrill, Studdard, Miller (Marengo), Watts, Moody, Williams (BarbourJ, Mulkey, Wilson (Clarke), O'Rear, Winn— 54. The Committee on Rules reported favorably the fol- lowing resolution : Resolution 169, by Mr. Williams, of Marengo : Whereas, The Convention has incurred considerable expense in obtaining a stenographic report of the pro- ceedings of the Convention ; and Whereas, The wisdom of the reports appears more apparent every day, and AVhereas, As a ready reference the reports are a fail- ure as they now are, and Whereas, An index would add greatly to the value of the report; Now, therefore, be it resolved by the Convention, That as soon as the Convention shall have adjourned sine die, that the Secretary of State be and he is hereby authorized to contract with some reliable party who shall make a complete index of said report, and shall place the same in each of the volumes of the reports heretofore ordered kept for the use of the State, and shall further cause to be printed in some paper in Ala- bama the said index, so that those people of Alabama 588 Journal of Alabama ^\]ui are preserviug the repoi-ts may easily obtain a copy of said iudex for their use and preseryation. The resolution was adopted. The Committee on Rules reported \yithout rtM-ommen- dation the follo^ying resolution : Resolution 192, by Mr. Rogers, of Lo\yndes : To amend rule 36, so as to read : The ayes and noes shall only be ordered when the call therefor is sustained by fifty delegates. Mr, Reese moyed that the resolution 192 be laid upon the table. The motion preyailed, and the resolution 192 was laid upon the table. UNFINISHED BUSINESS. The Conyention proceeded to the consideration of tlie unfinished business, which Ayas the consideration of tlie reference of ordinance 408. Mr. Heflin of Chambers moyed to refer the ordinance to the Committee on Impeachments. Mr. Jones, of Montgomery, moved to amend the mo- tion of Mr. Heflin, of Chambers, by referring the reso- lution to the Committee on Executive Department. The amendment Avas adopted. The motion of Mr. Heflin, of Chambers, as amended, was adopted. The ordinance 408 was referred to the Committee on Executive Department. REPORT OF COMMITTEE ON SCHEDULES^ PRINTING AND INCIDENTAL EXPENSES. Mr. Heflin, of Randolph, moved that the report of tlie Committee on Schedules, Printing and Incident^il Expenses be taken up for consideration. The motion prevaihMl, and the re])ort of the Commit- tee was read at length as follows : Constitutional Convention. 589 liepoi't of the Committee on Schedules, rriutiug aiid lucideutal Expenses. Mr. President: The Committee on Scliednh'S, Printing- and Incidental Exi)enses have instrncted me to make the followinij, par- tial report, viz. : The Committee have audited the accounts hereto at- taclied and find that the State of Alabama is indebted to tlie Brown Printing Company of Montgomery, Ala., in the sum of |255.25. We find that said State is in- debted to Marshall & Bruce of Nashville, Tenn., the sum of |12. We also find that said State is indebted to Ed. C. Fowler Co., of Montgomery, Ala., in the sum of 124.75. All of the above amounts are for articles furnished the State of Alabama for the use of the Constitutional Convention, and all of the above amounts are itemized as shown by bills hereto attached. Total amount, |302. And we reeommend the payment of the same, all of which is respectfully submitted. John T. Heflin, Chairman of Committee on Schedule, Printing and In- cidental Expenses. Mr. Heflin, of Randolph, moved that the report of the committee be adopted, and that the President be authorized to draw a warrant on the State Treasurer for the payment of the accounts set out in the above foregoing report. The motion prevailed. unfinished business. Tlie Convention proceeded to the consideration of tlie unfinished business, which was the report of the ('om- mittee on Taxation. The question was up(ni the amendment offered by Mr. Kirk to Section 9 of the Article XI, reported by tlie Committee on Taxation. Mr. White offered the following* substitute for the amendment offered by Mr. Kirk : Amend Section 9 so as to read as follows: After the 590 ' Journal of Alabama ^ ratification of this Constitution no county shall become indebted in an amount gTeater than 5 per centum of the taxable value of the property thereof, and in estimating the amount of said indebtedness, its then existing debts shall be included. Mr. Sanders offered the following amendment for Section 9, and the pending amendment and the substi- tute for the amendment : No county shall become indebted in an amount greater than 5 per centum of the taxable value of the property thereof; provided, this limitation shall not apply to any existing indebtedness in excess of »uch 5 per centum, which has already been created, or authorized b}' now existing law to be created. The substitute was lost. Mr. Harrison offered the following substitute for Section 9 and the pending amendments : Substitute for Section 9 and amendments: No county shall become indebted in an amount greater than 3^ per centum of the taxable value of the property thereof; provided, this limitation shall not a])ply to any existing indebtedness in excess of such 3-J- per centum, which has already been created or authorized by now existing law, to be created. Mr. O'Neal, of Lauderdale, moved to table the sub- stitute offered by Mr. Harrison. The motion to table was lost : Yeas, 58 ; nays 70. YEAS. Messrs. Barefield, Coleman (Greene), Beddow, Cornwell, Bethune, Cunningham, Blackwell, deOraffenried, Brooks, Eyster, Burnett, Ferguson, Cardon, Foshee, Carmichael (Colbert), Foster, Carmichael (Coffee), Glover, Carnathon, Graham (Montgomery), Cobb, Grant, Constitutional Convention. 591 Grayson, Greer (Calhoun), Haley, Heflin (Randolph), Henderson, Hodges, Howze, Inge, Jones (Bibb), Kirk, Kirkland, Knight, Ledbetter, Leigh, Lomax, Long (Walker), Lowe (Jefferson), Lowe (Lawrence), Macdonald, Martin, Moody, NeSmith, Norman, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, Parker (Cullman), Rogers (Lowndes), Selheimer, Sentell, Sloan, Waddell, Walker, Watts, White, Willett— 58. NAYS. Messrs. President, Ashcraft, Banks, Bartlett, Browne, Bulger, Burns, Byars, Chapman, Cofer, Craig, Davis (DeKalb), Davis (Etowah), Dent, Duke, Eley, Espy, Fletcher, Gilmore, Greer (PerryJ, Harrison, Heflin (Chambers), Hinson, Hood, Jackson, Jenkins, Jones (Hale), Jones (Wilcox), Kyle, Locklin, Miller (Wilcox), Malone, Maxwell, Merrill, Miller (Marengo). Miller (Wilcox), Mulkey, Murphree, Norwood, Gates, 592 Journal of Alabama O'Rear, • Smith (Mobile), Palmer, Smith, Morgan M., Parker (Elmore), Sorrell, Pettus, Spears, Phillips, Spragins, Pillans, Stewart, Porter, Studdard, Proctor, Tayloe, Reynolds (Chilton), Weakley, Reynolds (Henry), Weatherly. Robinson, Whiteside, Rogers (Sumter), Williams (Barbour), Sanders, Williams (Marengo), Sanford, Wilson (Clarke) , Searcy, Winn — 70. PAIRS ANNOUNCED. The following pairs were announced : Messrs. Reese and Fitts. Mr. Reese would vote aje, and Mr. Fitts would vote nay. Mr. Harrison moved that the substitute for Section 9 and the pending amendments be adopted. The motion prevailed, and the substitute for Section 9 and pending amendments was adopted. Mr. Poster offered the following amendment to Sec- tion 9 : Amend Section 9 by inserting between the words "amount" and ''greater," in the first line, the following : "Not including debts which mature within twelve months after the creation of the same." The amendment was lost. Mr. Lomax offered the following substitute for Sec- tion 9 : No couuty in this State having an assessed valuation {exceeding twenty 'million dollars of taxable pro])erty, shall liecome indelvted in an amount exceeding five (5) per cent, of its assessed valuation, and counties having an assessed valuation of less than twenty millions shall not incur a debt exceeding four (4) per cent, of its Constitutional Convention. 593 assessed valuation; provided that this limitation shall not apply to debts created for the construction of court houses and jails. Nothing herein contained shall prevent the issue of renewal bonds or bonds to fund the floating indebtedness of such county now existing. Mr. Harrison moved to table the substitute offered by Mr. Lomax. The motion prevailed, and the substitute was laid upon the table: Yeas, 82; nays, 45. YEAS. Messrs. President, Ashcraft, Banks, Bartlett, Beavers, Browne, Brooks, Bulger, Byars, Carnathon, Chapman, €obb, Cofer, Coleman (Greene), Craig, Ounningham, Davis (DeKalb), Davis (Etowah), Dent, Duke, Eley, Espy, Fletcher, Foshee, Foster, Gilmore, Oreer (Calhoun), Greer (Perry), Harrison, Heflin (Chambers), Hinson, Hood, Inge, Jackson, Jones (Hale), Jones (Wilcox), Kirkland, Kyle, Leigh, Locklin, McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Mulkey, Murphree, Gates, O'Rear, Palmer, Parker (Elmore), Pettus, 38 594 JouENAL. OF Alabama Phillips, Pillans, Porter, Proctor, Reynolds (Chilton), Reynolds (Henry), Robinson, Rogers (Sumter), ;Sanders, San ford, Searcy, Sloan, Smith (Mobile), Smith, Morgan M., Sorrell, Spears, Spragins, Stewart, Studdard, Tavloe, Waddell, Walker, Weatherly, Whiteside, Williams (Barbour),. Williams ( Marengo ) ,. Wilson (Clarke). Winn— 82. NAYS. Messrs. Barefield, Beddow, Bethune, Blackwell, Burnett, Burns, Cardon, Carmichael (Colbert), Carmichael (Coffee), Cornwell, deGraffenried, Eyster, Ferguson, Glover, Graham ( Montgomery ) , Grant, Grayson, Haley, Heflin (Randolph), Henderson, Hodges, Howze, Jenkins, Jones (Bibb), Kirk, Knight, Ledbetter, Lomax, Lowe (Jefferson), Lowe (Lawrence), ^lacdonald, Moodv, XeSniith, Norman, Norwood, O'Neal ( Lauderdale) y O'Neill (Jefferson), Opp, Parker (Cullman), Rogers (Lowndes), Selheimer, Sentell, Watts, Weakley, White— 45. Constitutional Convention. 595 PAIRS announced. The following i)airs were auuoiinced : Messrs. Fitts and Keese. Mr. Fitts would vote aye, and Mr. Reese would vote nay. Mr. Carmicliael, of Colbert, offered the following amendment "to Section 9 : Provided that any county which is already indebted in any amount which equals or exceeds the debt limit herein provided may, for the erection of necessary pub- lic buildings and bridges, borrow in addition to said 3^ per centum a sum not greater than 1| per centum of the assessed value of the taxable property of said county. The amendment was adopted. Mr. Browne moved the adoption of Section 9 as amended. The motion prevailed and Section 9, as amended, was adopted. SECTION TEN. Sec. 10. No city, town or other municipal corporation shall become indebted in an amount exceeding 5 per centum of the taxable value of the property thereof; provided, that for the erection or purchase of water- works, gas or electric plants, or sanitary sewerage an additional indebtedness not to exceed 3 per centum may be created ; provided, further, that this section shall not apply to indebtedness in excess of such 5 per centum already created or authorized by law to be created. Was read at length. Mr. Browne offered the folloTsing amendment to Sec- tion 10 of the Article XI, reported by the Committee on Taxation : Amend Section 10 by inserting the words "the excess of" after the words "not apply to" in line five, and strike out "in excess of" in line five and insert in lieu thereof the word "over" and insert after the words "authorized by," in line six, the words "now existing." 596 Journal of Alabama RECESS. Pending the further consideration of the report of the Committee on Taxation, the hour of 1 o'clock ar- rived, and under the rules, the Convention recessed until 3:30 o'clock this afternoon. AFTERNOON SESSION. The Convention met pursuant to adjournment. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : Messrs. President, Almon, Ashcraft, Banks, Barefield, Bartlett, Beavers, Beddow, Bethune, Blackwell, Brooks, Browne, Bulger, Burnett, Burns, Byars, Cardon, Carmichael (Colbert), Carmichael (Coffee), Carnathon, Chapman, Cobb, Cofer, Coleman (Greene), Cornwell, Craig. Canningham, Davis (DeKalb), Davis (Etowah), Dent, deGraffenried, Duke, Eley, Eyster, Espy, Ferguson, Fletcher, Foshee, Foster, Glover, Graham ( Montgomery ) , Graham (Talladega), Grant, Grayson, Constitutional Convention. 597 Greer (CalliouD), O'Neal (Lauderdale),. Greer (Perry), O'Neill (Jefferson), Haley, Opp, Harrison, O'Rear, Heflin ( Chambers )i Palmer, Heflin (Randolph), Parker (Cullman),. Henderson, Parker (Elmore), Hinson, Pettus, Hodges, Phillips, Hood, Pillans, Howze, Pitts, Inge, Porter, Jenkins^ Proctor, Jones (Bibb), Keesf Jones (Hale), Reynolds ( Chilton ), Jones (Montgomery), Reynolds (Henry), Jones (Wilcox), Robinson, Kirk, Rogers (Lowndes), Kirkland, Rogers (Sumter), Knight, Sanders, Kyle, Sanford, Ledbetter, Searcy, Leigh, Selheimer, Locklin, Smith (Mobile), Lomax, Smith, Mac. A., Long (Butler), Smith, Morgan M., Long (Walker), Sorrell, Lowe (Jefferson), Spears, Macdonald, Spragins, McMillan (Wilcox), Stewart, Malone, Tavloe, Martin, Waddell, Maxwell, Walker, Merrill, Watts, Miller (Marengo), Weakley, Miller (Wilcox), Wentherlv, Moody, White, Mulkey, Whiteside, Murphree, Willett, NeSmith, Williams (Barbour), Norman, Williams (Marengo), Norwood, Wilson (Clarke). Gates, Winn— 131. 598 Journal of Alarama unfinished business. The Convention proceeded to the consideration of the unfinished business, which was the consideration of the report of the Committee on Taxation. The question was upon the amendment offered hy Mr, Browne to Section 10 of the Article XI, reported by the Committee on Taxation. Mr. Browne asked unanimous consent to withdraw the amendment to Section 10. Consent was granted, and the amendment was with- drawn. Mr. Browne offered the following amendment to Sec- tion 10, which was adopted: Amend Section 10 by striking out all of said section after the word ^'created" in the fourth line, and insert- ing in lieu thereof the following: Provided further, that the limitation of 5 per centum mentioned in this section shall not apply to any existing indebtedness ex- ceeding 5 per centum which has already been created or which has been authorized by now existing law to be created. Mr. Weakley offered the following substitute for Sec- tion 10 : Sec. 10. That no city, town or village shall hereafter become indebted for any purpose or in any manner to an amount which, including existing indebtedness, shall exceed 7 per centum of the assessed valuation of the real and personal property within said city, town or village, subject to taxation as shown by the last preced- ing assessment for State and county purposes; pro- vided, however, that in determining the limitation of the power of such city, town or village to incur indebted- ness there shall not be included the following class of indebtedness, to-wit : (a) Notes, certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes, unless the same bo not paid within two years from the date of such issue and all such notes, certificates of in- debtedness and revenue bonds shall be provided for, and made payable from the taxes levied for the year in Constitutional Convention. 599 which they are issued, and shall never exceed the amount of such taxs. (&) Bonds issued for the purpose of purchasing or otherwise providing for a supply of water or for the -construction or installation of sanitary sewers, or for the extension of either of the same. (c) Obligations incurred and bonds issued to procure means to pay for street or sidewolk improvements or storm water sewers, the cost of which is to be assessed -against the property abutting or drained by such sewers. (d) Debts created for the preservation of the public health. (e) Debts existing on the 6th day of December, 1875, or any obligation issued to renew or refund the same. No city, town or tillage whose present indebtedness ■exceeds the limitations herein imposed shall be allowed to become indebted in any further amount until such indebtedness shall be reduced within such limit; pro- vided, however, that nothing herein contained shall pre- vent any municipality from Issuing bonds in renewal or for the refunding of obligations already existing. Mr. Pillans offered the following amendment to the substitute offered by Mr. Weakley : Amend the substitute by striking out the paragraphs marked (a) and (d), Mr. O'Neal, of Lauderdale, offered the following resolution, and the same being a resolution providing for adjournment, was a privileged resolution, and was placed upon its adoption : Resolution 221, by Mr. O'Neal, of Lauderdale: Whereas, the Fourth of July is sacred to all who ap- preciate the republican institutions, and is in all pro- tions of the Rej^ublic, and wherever the flag waves, a day of rejoicing and thanksgiving, and Whereas, The people of Alabama in Convention as- sembled, recognize the glorious memories which this day awakens, and appreciating that brotherly feeling which now exists between the States, and to which we owe our beautiful Federal system ; Therefore, be it resolved. That in honor of Independ- ence day, the Convention adjourn at its usual hour till 600 Journal of Alabama Friday morning. The resolution was adopted. ADJOURNMENT. Pending the further consideration of the rejxjrt of the Committee on Taxation, the hour of o'clock p. m. arrived, and, under the resolution previously adopted, the Convention adjourned until Friday morning at 9 :30 o'clock. THIRTY-SEVENTH DAY. Convention Hall. Montgomery, Ala., Friday, July 5, 1901. The Convention met pursuant to adjournment. Prayer was offered by Rev. Dr. Patterson of the city. roll call. On a call of the roll of the Convention the follow- ing delegates answered to their names, which constituted a quorum : Messrs. President^ Burns, Ashcraft, Byars, Banks, Cardon, Barefield, Carmichael (Colbert), Bartlett, Carmichael (Coffee), Beavers, Carnathon, Beddow, Chapman, Bethune, Cobb, Blackwell, Cofer, Boone, Coleman (Greene), Brooks, Cornwell, Browne, Cunningham, Bulger, Davis (Etow^ah), Burnett, Dent, Constitutional Convention. 601 deGraftenried, Duke, Eley, Eyster, Espy, Ferguson, Fitts, Fletcher, Foshee, Foster, Freeman, Glover, Graham ( Montgomery ) , Graham ( Talladega ) , Grayson, Haley, Harrison, Heflin (Chambers), Heflin (Eandolph), Hodges, Hood, Howell, Howze, Inge, Jenkins, Jones (Bihb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Leigh, Locklin, Lomax, Long (Butler), Long (Walker), Lowe (Jefferson), Lowe (Lawrence), Macdonald, McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, Miller (Wilcox),, Moody, Mulkey, Murphree, NeSmith, Norman, Norwood, Gates, O'Neal (Lauderdale)^ O'Neill (Jefferson), Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pettus, Phillips, Pillans, Pitts, Porter, Proctor, Reese, Renfroe, Reynolds (Chilton), Reynolds (Henry), Rogers (Lowndes), Rogers (Sumter), Sanders, Sauford, Searcy, ^02 Journal of Alabama ': Selheimer, Thompson, Sloan, Waddell, Smith (Mobile), Walker, Smith, Mae. A. Watts, Smith, Morgan M., \A^eakley, Sorrell, Weatherly, Spears, White, Spragins, ^ViJliams (Barbour), Stewart, Williams (Marengo), Studdard, Wilson (Washington), Tayloe, Winn— 126. LEAVE OF ABSENCE Was granted to Messrs. Miller, of Marengo, for to- day and to-morrow on account of sickness; Morrisette for to-day and to-morrow, Monday and Tuesday; Boone for last Tuesday and Wednesday, July 2 and 3; Jack- son for the morning session on account of sickness ; Sol- lie indefinitely, account of sickness; Graham, of Talla- dega, for last Wednesday; McMillan, of Baldwin, for last Friday, and indefinitely from that day on account of sickness; Samford for to-day and to-morrow; de- Graffenried for to-morrow and Monday on account of «ickness in his family; Howell for last Wednesday; Freeman for last Wednesday; Hinson for to-day and to-morrow on account of sickness; Kirkland for Satur- day; Heflin, of Randolph, for to-morrow. REPORT OF COMMITTEE ON JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report : The Committee on the Journal beg leave to report that they have examined the Journal for the thirty-sixth day of the Convention, and that the same is correct. Respectfully submitted. The report of the committee was concurred in. John F. Proctor. Chairman. Constitutional Convention. 603 resolutions. The following resolutions were offered, severally read one time, at length, and referred to appropriate com- mittees as follows : llesolution 222, by Mr, Reese, of Dallas : Whereas, the chief and most important fjurpose for which this Convention was called was and is the revis- ion of the provisions relating to Sutfrage and Election, and Whereas, more than fortj^-six days have passed since the assemblage of this Convention without any con- sideration by it of said provisions; therefore Be it resolved. That immediately after the conclusion of the consideration of the rei)ort of the Committee on Taxation, the report of the Committee on Suffrage and Election be and the same is hereby made the special order of the Convention, and former orders and reso- lutions of the Convention to the contrary are hereby re- voked. The resolution was referred to the Committee on Eules. Resolution 223, by Mr. Smith, Mac. A., of Autauga : Resolved, by the people of Alabama in Convention assembled. That it is the sense of this Convention that the General Assembly should, as early as practicable, so amend the laws of said State as to more certainly punish the offense of vagrancy, which is becoming such a common and alarming evil in many sections of Ala- bama. The resolution was referred to the Committee on Legislative Department. Resolution 224, by Mr. Cobb : Resolved, That the reports of the Committee on Suf- frage and Elections be taken up at 11 o'clock on Tuesday next for consideration, to the exclusion of all other busi- ness. The resolution was referred to the Committee on Rules. 604 Journal of Alabama ordinances on first reading. The following ordinances were introduced severally read one time at length, and referred to appropriate committees, as follows : Ordinance 409, by Mr. Carmichael, of Colbert : To provide for the filing and arranging of the papers and documents pertaining to the Constitutional Conven- tion, b}' the Secretary of the Convention; also to jirovide for the delivery by the Secretary of a correct copy of the Journal of the Convention to the public printer, with the proper index thereto; also to provide for the superintendance of the printin«2; of sa'd Journal by the Secretary; also to make appropria- L\.ns for the compensation of said Secretary for his services. The ordinance was referred to the Committee on Journal. Ordinance 410, by Mr. Keese, of Dallas : In all prosecutions for rape, adultery, fornicatiuri, sodomy or crime against nature, the court may, in its discretion, exclude from the court room all persons ex- cept such as may be necessary in the conduct of the trial. The ordinance was referred to the Committee on Judiciary. Ordinance 411, by Mr. Keese, of Dallas : The General Assembly shall enact penal statutes to suppress the evil habit of using obscene and profane language in the hearing of children. The ordinance was referred to the Committee on Legislative Department. PETITIONS. Petitions relative to the election of the Railroad Com- mission by a vote of the ])eople were offered by Messrs. Mnrphree and Spragins, and the same were read at length and referred to the Committee on Corporations. Constitutional Convention. 605 reports of standing committees. Mr. Jones, of Montgomery, submitted the following reports, which were read at length and ordered placed •on the adverse calendar, and 300 copies of the report containing ordinance 408 was ordered printed. Mr. President : The Committee on Executive Department direct me to return resolution No. 200, with the recommendation that it do not pass. In view of the extensive and protracted debate over the matter to which it relates, the committee deems it entirely unnecessary to make any argument in support of their adverse report. Thos. G. Jones, Chairnuni. REPORT of THE COMMITTEE ON EXECUTIVE DEPARTMENT ON ORDINANCE NO. 408. j}]r. President: The Committee on Executive Department to whom was referred Ordinance No. 408, direct me to return the same with the recommendation that it do not pass. It proposes to change the present Constitution and the article on the Executive Department adopted bv this Convention, so as to make Sheriffs eligible as their own successors, and to change the provisions of the article adopted by the Convention as to the mode of im- peachments of Sheriffs. All these matters have been so frequently discussed before the Convention, and it has so frequently voted adversely to the principle sought to be enacted by the ordinance herewith returned, that the committee re- frains from any argument in support of its adverse re- port. Thos. G. Jones. Chairman. 606 Journal of Alarama minority report of the committee on executive de- partment. We, the imdersigned members of the Committee on Executive Department, do not concur in the majority report on Ordinance No. 408, introduced by Mr. Heflin, of Chaml)er.s. ^Ve recommend the adoption of the ordi- nance as amended by us, whicli is as follows : An ordinance to be entitled Section 28 of Article V : Be it ordained by the people of Alabama in Conven- tion assembled : A Sheriff shall be elected in each county by the qualified electors thereof, who shall hold his office for the term of four years, unless sooner removed, and he shall be ineligible to such office as his own suc- cessor. Vacancies in the office of Sheriff shall be filled by the Governor, as in other cases; and the person ap- pointed shall continue in office until the next general election in the county for Sheriff', as provided by law. The Sheriff" may be impeached or removed from office in the manner and for the causes mentioned in Article VII of this Constitution. Be it further ordained, That Section 28 of Article V, which was finally passed on July 2, 1901, be and is here- bv repealed. T. W. Hodges, M. S. Carmichael^ M. M. Smith. Mr. Jones, of Montgomery, chairman of the Commit- tee on Executive Department, returned to the Conven- tion a memorial from the Sheriffs', Clerks' and Regis- ters' Association of Alabama, and requested that the same be referred to the Committee on Judiciary. The memorial was referred to the Committee on Judi- ciary. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, Which was the report of the Com- mittee on Taxation. CONSTITUTION.U. CONVENTION, 607 The question was upon the substitute and pending amendment ottered by Mr. Weakley to Section 10 of the Article XI, reported by the Committee on Taxation. Mr. Weakley asked unanimous consent to withdraw the substitute. Consent was granted, and the substitute was with- drawn. Mr. Weakley offered the following substitute for Sec- tion 10: Sec. 10. No city, town or other municipal corpora- tion shall become indebted in an amount, including present indebtedness, exceeding 5 per centum of the as- sessed value of the property thereof, except for the con- struction or purchase of water works, gas, or electric light plants, and sewerage, or for the improvement of streets for which purpose an additional indebtedness, not exceeding 3 per cent, may be created, and excepting also temporary loans to be paid within one year, made in anticipation of the collection of taxes, not to exceed one-fourth of the general revenues of such cities and towns; provided, however, that this limitation shall not apply to towns and cities having a population of six thousand or more, or to the city of G'adsden and Ensley, which last described cities and towns shall not become indebted in an amount, including present in- debtedness, except 7 per cent, of the assessed valuation of the property thereof, and provided further, that there shall not be included in the limitations of the indebted- ness of such last described cities and towns the follow- ing classes of indebtedness, to-wit : Temporary loans, to be paid within one year, made in the anticipation of the collection of taxes, and to not exceed one-fourth of such taxes; bonds or other obligations already issued or which may hereafter be issued for the purpose of ac- quiring, providing or constructing school houses, water works and sewers, and obligations Incurred and bonds issued for street or sidewalk improvement, where the cost of the same, in whole or in part, is to be assessed against the property abutting said improvement; pro- vided, that the proceeds of all obligations issued as 608 JOURXAL OF Alarama herein provided iu excess of said 7 per centiiiii sliall not be asl^ed for any purpose other than for which said obli- gations were issued. Nothing herein contained shall prevent the funding or refunding of existing indebtedness. Mr. Walker offered the following amendment to the substitute offered b}- Mr. Weakley : Sec. 10. No city, town or other municipal corpora- tion shall become indebted in any amount exceeding 5 per centum of the taxable value of the property thereof ; provided, that for the construction or purchase of water works, gas or electric light plants, sanitary sew- erage, or streets or sidewalk improvements, an addi- tional indebtedness not to exceed 3 per centum of such taxable value may be created, so as to be a charge upon the revenues from taxation of such city, town or other municipal corporation, and that any debts or liabilities in excess of such 3 per centum limitation incurred by such city, town or other municipal corporation in the construction or purchase of water works, gas or electric light plants, sanitary sewers or street or sidewalk im- provements, may be made charges upon or against, re- spectively, such water works, gas or electric light plants and upon the liens in favor of or the liabilities to said city, town or other municipal corporation, acquired in or by reason of the erection or construction of such sanitary sewers, or street or sidewalk improvements; provided further, that the limitations contained in this section shall not apply to any indebtedness in excess of such limitations already created or authorized by now existing law to be created. The amendment offered bv Mr. Walker was lost : Yeas, 31; nays, 89. YEAS. Messrs. Beavers, Cobb, Browne, Cofer, Bulger, Coleman (Greene), Byars, Espy, Carnathon, Fitts, Chapman, Fletcher, Constitutional Convention. 609 Foshee, Freeman, Glover, Grayson, Kirk, Leigh, Lowe (Lawrence), Malone, Maxwell, Moody, Gates, O'Kear, Palmer, Phillips, Rogers (Sumter), Sanford, Smith, Morgan M., Spragins, Walker— 31. l^AYS. Messrs. President, Asheraft, Banks, Beddow, Beth line, Blackwell, Boone, Brooks, Burnett, Burns, Cardon, Carmichael (Colbert), Carmichael (Coffee)., Comwell, Cunningliam, Davis (Etowa:h), Dent, Duke, Eley, Eyster, Ferguson, Foster, Graham (Montgomery), Grnham (Talladega). Haley, Harrison, Heflin (Chaml3ers), Heflin (Randolph)., 39 Hendarson, Hodges, Hood, Howell, Howze, Inge. Jenkins, Jones (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), Kirkland, Kniffht, Kyle, Locklin, Lomax, Long (Walker), T/Owe (Jefferson), Macdonald, Mf:Nrillan (Wilcox), Martin, Miller (Wilcox), Mulkey, INInrphree, NeSmith, Gorman, "Norwood, O'Neal (Lauderdale), 610 Journal of Alabama .? O'Neill (Jefferson), Sen tell, Opp, Sloan, Parker (Cullman), Smith (Mobile)^ Parker (Elmore), Smith, Mac. A.,. Pettus, Sorrell, Pillans, Studdard, Pitts, Thompson, Porter, Waddell, Proctor, Watts, Reese, Weakley, Eenfro, Weatherly, Reynolds (Chilton), White, Reynolds (Henry), Williams (Barbour),. Rogers (Lowndes), Williams (Marengo), Sanders, Wilson (Washington). Searcy, Winn^S9. Selheimer, PAIRS ANNOUNCED. The following pairs were announced: Messrs. Miller, of Marengo, and Barefield; Craig audi deGralfenried. Messrs. Miller, of Marengo, and Craig would vote aye, and Messrs. Barefield and deGraffenried! would vote nay. REGESS-. Pending the further consideration of the report of the Committee on Taxation, the hour of 1 o'clock ar- rived, and under the rules, the Convention recessed un- til 3 :30 this afternoon. AFTERNOON SESSION. The Convention met pui'suant to adjournment. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constitute ai quorum : Constitutional Convention. 611 Messrs. President, Gilmore, Ashcraft, Glover, Banks, Graham (Montgomery), Barefield, Graham (Talladega), Bartlett, Grant, Beaver, Grayson, Beddow, Haley, Bethune, Harrison, Blackwell, Heflin (Chambers), Boone, Hetlin (Randolph), Brooks, Hinson, Browne, Hodges, Bulger, Hood, Burnett, Howell, Burns, Howze, Byai's, Inge, ' Cardon, Jai'kscn, Carmichael (Colbert), Jenkins, Cavraichael (Coffee), Jones (Bibb), Carnathon, Jones (Hale), Case, • Jones (Montgomery), Chapman, Jones (Wilcox), Cobb, Kirk, Cofer, Kirkland, Coleman (Greene), Knight, Coleman (Walker), Kyle, Cornwell, Leigh, Craig, Locklin, Cunningham, Lomax, Davis (DeKalb), Long (Butler), Davis (Etowah), Long (Walker), Dent, Lowe (Jefferson), Eley, Lowe (Lawrence), Eyster, Macdonald, Espy, McMillan (Baldwin), Ferguson, McMillan (Wilcox), Pitts, Malone, Fletcher, Martin, Foshee, Maxwell, ■Foster, Merrill, Freeman, Miller (Wilcox), 612 Journal of Alarama Moody, Murphree, NeSmith, Norman, Norwood, Gates, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pettus, Phillips, Pillans, Pitts, Porter, Proctor, Renfro, Reynolds (Henry), Robinson, Rogers (Lowndes), Rogers (Sumter), Sanders, Sanford, Searcy, Sellieimer, Sentell, Sloan, Smith (Mobile), Smith, Mac. A. Smith, Morgan M., Sorrell, Spears, Spragins, Stewart, Thompson, Yaughan, Waddell, Walker, Watts, Weakley, Weatherly, White, Williams (Barbour), Williams (Marengo), Wilson (Clarke), Wilson (Washington), Winn— 132. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was the report of the Com- mittee on Taxation, The question was upon the adoption of the substitute offered by Mr. Weakley for Section 10. By unanimous consent the substitute was amended as follows: Amend by adding after the word "improvement:" Pro^aded that the proceeds of all obligations issued as herein provided in excess of said 7 per centum shall not be used for any purpose other than that for which said obligations were issued. Constitutional Convention. 613 Insert after the words "may be created," where they first appear in substitute: Provided this limitation shall not apply to any debt now authorized by law to be created. Amendment to substitute offered by Mr. Weakley: After the word "Gadsden" insert the words "and Ens- ley." Amend Section 10 by adding after the word "Ensley'^ the words "the town of Andalusia." The substitute, as amended, was read at length as follows : Sec. 10. No city, town or other municipal corpora- tion shall become indebted in an amount, including present indebtedness, exceeding 5 per centum of the as- sessed value of the property thereof, except for the con- struction or purchase of water works, gas, or electric light plants, and sewerage, or for the improvement of streets for which purpose an additional indebtedness, not exceeding 3 per cent, may be created; provided, this limitation shall not apply to any debt now authorized by law to be created; and excepting also tem- porary loans to be paid within , one year, made in anticipation of the collection of taxes, not to exceed one-fourth of the general revenues of such cities and towns; provided, however, that this limitation shall not apply to towns and cities having a population of six thousand or more, or to the city of Gadsden and Ensley, the town of Andalusia, and the cities of Decatur and New Decatur, which last d^ scribed cities and towns shall not become in- debted in an amount, including present indebted- ness, exceeding 7 per centum of the assessed valuation of the property thereof, and provided further, that there shall not be included in the limitations of the indebted- ness of such last described cities and towns the follow- ing classes of indebtedness, to-wit : Temporary loans, to be paid within one year, made in anticipation of the collection of taxes, and to not exceed one-fourth of such taxes; bonds or other obligations already issued or which may hereafter be issued for the purpose of ac- 614 Journal of Alabama quiring, providing or constructing scliool houses, water works and sewers, and obligations incurred and bonds issued for street or sidewalk improvement, where the cost of the same, in whole or in part, is to be assessed against the property abutting said improvement; pro- vided, that the proceeds of all obligations issued as herein provided in excess of said 7 per centum shall not be used for any purpose other than that for which said obligations were issued. Nothing herein contained shall prevent the funding or refunding of existing indebtedness. The amendment was thereupon adopted navs, 38. Yeas, i ^ YEAS. Messrs. President, Ashcraft, Banks, Beddow, Bethune, Blackwell, Boone, Brooks, Bulger, Burns, Cardon, Carmichael (Colbert), Carmichael (Coffee), Cornwell, Cunningham, Davis (Etowah), Dent, Eley, Evster, Ferguson, Fletcher, Foster, Freeman, Graham (Montgomery). Graham ( Talladega ) . Grayson, Haley, Heflin (Chambers), Hood, Howell, Howze, Inge, Jenkins, Jones (Bibb), Jones (Hale), Jones (Montgomery) Jones (Wilcox), Kirkland, Knight, Kyle, Locklin, Lomax, Long (Walker), Lowe (Jefferson), Lowe (LaAvrence), McMillan (Wilcox), Martin, Merrill, ^Miller (Wilcox), Norman, Constitutional Convention. 615 Norwood, O'Neal (Lauderdale), O'Neill (Jefiferson), Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pettus, Pillans, Pitts, Porter, Proctor, Eogers (Lowndes), Sanders, Selheimer, Smith (Mobile), Smith, Mac, A., Thompson, Waddell, Watts, Weakley, Weatherly, White, Williams (Barbour), Williams (Marengo), Wilson (Clarke), ^A^i 1 son ( Wash ington ) -77. nays. Messrs. Browne, Burnett, Byars, Carnathon, Chapman, Cobb, Cofer, Coleman (Greene), Fitts, Foshee, Handlej, Harrison, Hodges, Jackson, Kirk, Leigh, Lowp (Lawrence), Mncdonald, Mai one. Maxwell, Moody, !\Iurphree, Gates, Phillips, Reese, Renfro, Reynolds (Henry), Rogers (Sumter), Sanford, Searcy, Sentell, Sloan, Smith, Morgan M., Sorrell, Spragins, Stewart, Walker, Winn— 38. pairs ANXOT'NCET), The following pairs were announced: ^Messrs. Rarefield and Miller, of Marengo; Mulkey and (xlover. Messrs. Barefield and Mulkev would vote 616 Journal of Alabama • aye, and Messrs. Miller, of Marengo, and Glover would vote nay. Mr. Browne moved to table Section 10. The motion was lost. The question recurred upon the adoption of Section 10. Secton 10 was thereupon adopted. Mr. Browne ottered the following amendment to the Article XI, reported by the Committee on Taxation, said amendment to constitute a new section : Amendment to Article XI. Add an additional section and number the same Sec- tion 5, as follows: Sec. 5. No county in this State shall be authorized to levy a larger rate of taxation in an}' one 3'ear on the value of the taxable propertj- therein than one-half of one per centum; provided, that to pay debts existing at the ratification of the Constitution of 1875 an addi- tional rate of one-fourth of one per centum may be levied and collected, which shall be exclusively appro- priated to the payment of such debts or the interest thereon; provided, further, that to pay any debt or lia- bility now existing against any count}', incurred for the erection, construction and maintenance of the necessary public buildings or bridges, or that may hereafter be created for the erection and maintenance of necessary public buildings, bridges or roads, any county may levy and collect such special taxes, not to exceed a rate of one-fourth of one per centum, as may have been or may hereafter be authorized by law, which taxes so levied and collected shall be applied exclusively to the purpose for which the same were so levied and collected ; pro- vided further, that for additional aid to the public schools any county may levy and collect such special tax as may be authorized by law, provided such tax, the time it is to continue, and the purpose thereof, shall have been first submitted to a vote of the qualified elec- tors of the county and voted for by a three-fifths ma- jority thereof voting at such election ; but the rate of such special tax shall not increase the rate of taxation in any one year to more than |1.25 on every |100 worth Constitutional Convention. 617 of taxable property, for all State and coiint}^ purposes, excluding special taxes for necessary public buildings, roads, bridges and payment of debts existing at the rati- fication of the Constitution of 1875; and provided fur- ther, that such tax for schools shall be apportioned equitably and paid through the proper school officials to the public schools for white and those for colored pupils resepctively, by the Court of County Commis- sioners or Board of Revenue, and that the amount ap- portioned to white schools shall be paid to each in pro- portion the number of pupils thferein bears to the total number in all such white schools, and the amount ap- portioned to colored schools shall be paid to them in like manner. Mr. Ashcraft offered the following amendment to the amendment offered by Mr. Browne : Amend Section 5 of Ar-ticle XI, as proposed by the amendment by striking out the last provision in said section beginning in the twelfth line thereof; and in- serting in lieu of said provision the following : 6. It shall be the duty of the County Superintendent of Education in each county, by aud with the advice and consent of the Court of County Commissioners, or body of like jurisdiction, to organize the white people of the county into white school districts, and the colored peo- ple of the county into colored school districts, accord- ing to their respective needs and advantages, without reference to each other as to territorial boundaries. 7. A trustee or trustees or Board of Education, as may be provided by law, shall l)e selected for white school districts from the white residents of such dis- trict, and for the colored school districts from the col- ored residents of such district; provided, no incorpor- ated town or city maintaining a system of public schools as provided by law, shall be separated into districts without the consent of the Mayor, and Board of Alder- men of such town or city. 8. For the purpose of building, enlarging, improving or furnishing schools houses in any district or for the purpose of supplementing the general school funds from: Federal, State, county, municipal and other sources,. 618 Journal of Alabama the Court of County Commissioners, or bod}^ of like jurisdiction, shall, as hereinafter provided, lev^' a spe- cial assessment of not more than one-tenth of one per centum in any one year, upon the property of white per- sons situated in one white district, or upon the property of colored persons situated in a colored district; pro- vided, no such levy shall be made except upon the re- quest of the qualified voters residing in the district ex- pressed at an election held for that purpose, at which election two-thirds of those voting must favor the special levy. At such election in a white school district only qualified white electors shall be permitted to vote, and in the colored school districts only qualified colored electors shall be permitted to vote. It shall be the duty of the Probate Judge to order such an election in any district upon the petition of not less than one-fourth of the voters, who will be entitled to vote at such election. The order for such an election shall state the purposes for which it is proposed to make the assessment, the rate of the proposed assessment, and the number of years during which such assessment is proposed to be made. Notice of such election shall be given and the election held in such manner as may be provided by law for such special elections. No proposition shall be made at any such elections to levy such special assess- ments during a period of more than four years. 9. When any property belonging to a corporation is situated in a white school district where a special as- sessment is to be nmde as herein provided, such assess- ment shall be levied upon such proportion of the value of such property as the number of white children of school age in the county bears to the whole number of children of school age in the county. When such prop- erty is situated in a colored school district where such assessment is to be made, it shall be levied upon such proportion of the value thereof as the number of colored children of school age in the county bears to the whole number of children of school age in the county. 10. The foregoing sections of this article numbered <), 7, 8 and 9 are intended and are herel)y declared to con- Constitutional Convention. 619 sti'tute an indivisible plan for permitting local special assessments in aid of public schools maintained by the State. Mr. Rogers, of Sumter, moved to lay the amendment and the amendment to the amendment on the table and that 300 copies be ordered fjrinted, and that the conside- ration of said amendments be taken up at tlie pleasure of the Convention. The motion prevailed, and the amendments were laid on the table and 300 copies of each were ordered printed, Mr. Browne moved to take Section 7 of the Article XI, reported by the Committee on Taxation from the table. The motion was lost. Mr. Cornwell offered the following amendment to the Article XI, reported by the Committee on Taxation : That all counties, cities, towns or other municipal cor- porations shall create a sinking fund on issuing of any bonds for their redemption b}^ raising annually a sum whicli will produce an amount equal to the sum of the principal and interest of said bonds at their maturity. Provided, that this section shall apply to the issu- ance of bonds for the purpose of refunding the present existing bonded indebtedness of counties, cities, towns or other municipal corporations. Mr. Corn\\'ell moved that the amendment above set out, be Laid upon the table, and that 300 copies be ordered printed, and the consideration of the said amendment be postponed until the amendments hereto- fore orderwl printed l)e taken up. The motion prevailed, and tlie amendment was laid on the table, and 300 copies ordered printed. ]Mr. ]Macdonald offered tlie following amendment to the Article XI reported by the Committee on Taxation : Amend article reported by the Committee on Taxation by adding the following as an addition section No. 11 : No city, town or other municipality shall make any assessment for the cost of sidewalk or street paving, or for the cost of the construction of any sewers, against property abutting on such street or sidewalk so paved, 620 Journal of Alabama or drained by such sewers, in excess of the actual in- creased value of such property by reason of such side- walk or street paving, or by the constructon of such sewers ; and the burden of proving such increased value of said property shall be on the city, town or other muni- cipality in all proceedings brought to enforce the col- lection of such assessments ; and such assessments shall in no case exceed 5 j)er cent, of the assessed value of said proj^erty. Mr, AVeakley moved to table the amendment offered by Mr. Macdonald. The motion prevailed, and the amendment was laid upon the table. Mr. Macdonald moved that 300 copies of the above and foregoing amendment be printed, and that the said amendment be taken from the table and considered with the report of the Committee on Municipal Corporations, SPECIAL ORDER. The Convention proceeded to the consideration of the next special order, which was the report of the Commit- tee on Preamble and Declaration of rights. The report was read at length. On motion the report was ordered considered section by section. PREAMBLE. We, the people of the State of Alabama, in Conven- tion assembled, in order to establish justice, ensure do- mestic tranquility and secure the blessings of liberty to ourselves and our posterity invoking the favor and guidance of Almighty Cod — do ordain and establish the- following Constitution and form of government for the- State of Alabanm : Mr. Lomax moved to strike out the word "in Conven- tion assembled" in the first line of the. Preamble. The motion prevailed and the Preamble was, on mo- tion of ]Mr. Lomax, adopted. The Preamble, as amended,, reads as follows: Constitutional Convention. 621 We, the people of Alabama, in order to establish jus- tice, ensure domestic tranquility and secure the bless- ing's of liberty to ourselves and our posterity invoking the favor and guidance of Almighty Grod — do ordain and establish the following Constitution and form of government for the State of Alabama : ARTICLE — . section one. declaration of rights. That the great, general and essential principles of liberty and free government may be recognized and es- tablished, we declare: 1. That all men are equally free and independ- ent; that they are endowed by their Creator with cer- tan inalienable rights; that among these are life, lib- erty and the pursuit of happiness. Was read at length. On motion of Mr. Loinax Section 1 was adopted. SECTION TWO. 2. That all persons resident in this State, born in the United States or naturalized, or who have legally •declared their intention to become citizens of the United States, are hereby declared citizens of the State of Ala- bama, possessing equal civil and political rights. Was read at length. Mr. Sanford offered the following amendment to Sec- tion 2 : Amend Section 2 by striking out the words "or who shall have legally declared their intention to become citizens of the United States. Mr. Coleman of Greene moved to table Section 2, and the pending amendment. The motion was lost. Mr. Pettus offered the following amendment to the amendment offered bv Mr. Sanford : 6.2.2 Journal op Alabama A^ueiid by striking out the words "and political" in line thi^ee of Section 2 of Article 1. PRIVILEGES OF THE FLOOR. On motion of Air. Burns, the privileges of the floor were extended to Hon. F. S. Sc-ott, a member of the Con- stitutional Convention of 1875. ADJOURNMENT. Pending the further consideration of the report of the Committee on Preamble and Declaration of Rights, the hour of p. m. having arrived the Convention, under the rules, adjourned until 9 :30 a. m. to-morrow. THIRTY-EIGHTH DAY. Convention Hall. Montgomery, Ala,, Saturday, July 6, 1901. The Convention met pursuant to adjournment. Prayer was offered by Rev. Dr. Patterson of the city. roll call. On a call of the roll of the Convention, the following delegates answered, to their names, which constituted a quorum : Messrs. President, I^oone, Ashcraft, Brooks, Banks, jBrowne, Barefield, Bulger, Bartlett, Burnett, Beddow, Burns, iBethune, Byars, Blackwell, Cardon, Constitutional Convention. 62a Carnathon, Chapman, Cobb, Cofer, Coleman (Greene), Cornwell, Cunningham, Davis (Etowah), Dent, Duke, Eley, Eyster, Espy, Ferguson, Fitts, Fletcher, Foshee, Foster, Freeman, Glover, Graham (Montgomery), Graham (Talladega), Grayson, Haley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hodges, Hood, Howell, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), Knight, Kyle, Leigh, Locklin, Lomax, Long (Butler), Long (Walker), Lowe (Jefferson), Lowe (Lawrence), Macdonald, McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, Miller (Wilcox^ Moody, Mulkey, Murphree, XcSmith, Norman, Norwood, Gates, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Pitts, Porter, Proctor, Reese, Renfro, Reynolds (Chilton),. Reynolds (Henry), Rogers (Lowndes), Rogers (Sumter), 624 Journal of Alabama Samford, Tavloe, Sanders, Thompson, Sanford, Waddell, Searcy, Walker, Selheimer, Watts, Sentell, Weakley, Sloan, Weatherly, Smith (Mobile), White, ;Smith, Mac. A., \Villett, Smith, Morgan M.. Williams (Barbour), Sorrell, Williams (Marengo) Spears, Wilson (Clarke), Spragins, Wilson (Washington). Stewart, Winn — 127. Studdard, LEAVE OF ABSENCE Was granted to Mr. Searcy for to-day; Mr. Carmich- ael, of Coffee, for to-day ; Mr. Studdard for Monday and Tuesday on account of sickness ; Messrs. Opp, Waddell, Stewart and Cofer for Monday ; Norwood for to-day. REPORT OF COMMITTEE ON THE JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report: The Committee on the Journal beg leave to report that they have examined the Journal for the thirty- seventh day of the Convention, and that the same is cor- rect. Respectfully submitted, John F. Proctor,, Chairman. The report of the Committee was concurred in. resolutions. Mr. Waddell offered the following resolution. The rules were suspended, and the resolution was adopted : Eesolution 225, by Mr. Waddell : Constitutional Convention. 625 Resolved, That this Convention remain in session un- til 2 o'clock -p. m, to-day and that that time it stand ad- journed nntil Monday next. The following resolntions were ottered, severally read one time at length, and referred to appropriate com- mittees as follows: Resolution 226, by Mr. O'Neal, of Lauderdale: Whereas, This Convention has shown its ability to limit the debate, taxes and municipal indebtedness, but seems utterly powerless to limit the heat, and Whereas, There seems to be a strong limitation upon the prospects of this Convention reaching the snowy summits of Monte Sano, and Whereas, We must remain for a time beyond which the memory of man runneth not to the contrary, in this hot but classic hall, therefore be it Resolved, That the Sergeant-at-arms be instructed to place two additional fans in this hall. The resolution was referred to the Committee on Schedules, Printing and Incidental Expenses. Resolution 227, by Mr. Sentell : Resolved, That the rules of this Convention, as em- bodied in resolution 184, be amended so as to read as follows : That from and after the passage of this resolution no per diem will be allowed delegates of this Convention who are absent except those granted leave of absence on account of sickness of themselves or members of their families, or other good cause. The resolution was referred to the Committee on Rules. Resolution 228, by Mr. White : Resolved, That the President of this Convention ap- point a. committee of five, whose duty it shall be to see that all articles adopted by this Convention are prop- erly engrossed. Said committee to be known as the Committee on Engrossment. The resolution was referred to the Committee on Rules. Resolution 229, by Mr. White: 40 626 Journal of Alabama liesolved, That when any article lias been adopted, 300 copies thereof shall be printed for the use of the mem- bers of this Couvention. The resolution was referred to the Committee on Rules. Resolution 230, bj Mr. Harrison : Resolved, That the secretary of this Convention be and is hereby instructed to deposit a copy of the steno- iiraphic report of the Convention in the libraries of the f()ll()\vin_i>' institutions in this State, to-wit: One at the University of Alabama, one at the Alabama Polytech- nic Institute, one at the Southern Universit}^, one at HoAvard College, one at Sprini>- Hill Colle<;;e, and one at the Normal Collej^e at Florence. The resolution was referred to the Committee on Rules. ORDINANCES ON FIRST READING. The following ordinances were introduced, severally read one time at length, and referred to appropriate committees, as follows : Ordinance 412, by Mr. Merrill : An ordinance relating to the bonded indebtedness of the State. The ordinance was referred to the Committee on Amending the Constitution and Miscellaneous l*rovis- ions. REPORT OF STANDING COMMITTEES. ]Mr. Ilowze, chairman of the Committee on Exemj)- tions, submitted the following rei)ort, which was laid upon the table, and 300 copies ordered printed: REPORT OF THE COMMITTEE ON EXEMPITONS. Mr. President: 1 am instructed by tlie Ccmimittee on Exem[)tions to make the following report : Constitutional Convention. 627 Tlie coinmittee eoiisidere'd carefully all ordinances and resol 111 ions snl)nntted to it, several of which contained valuable su<;<^estions, but the committee has deemed it best not to make any change in the Article on Exemp- tions in the present Constitution, and direct me to re- port said article to Ix^ incorporated in the new Consti- tution. All ordinances and resolutions referred to the com- mittee are herewith returned. A, C. HowzE^ CliainiKni. ARTICLE — EXEMPTED PROPERTY. Section 1. The personal property of any resident of this State to the value of |1,00(I, to be selected by such resident, shall be exempted from sale on execution, or other process of any court, issued for the collection of any debt contracted since the thirteenth day of July, 1868, or after the ratification of this Constitution. Sec. 2. Every homestead, not exceeding 80 acres, and the dwelling and appurtenances thereon, to be selected by the owner thereof, and not in any city, town or vil- lage, or in lieu thereof, at the option of the owner, any lot in a city, town or village, A\'ith the dwelling and ap- purtenances thereon owned and occupied by any resi- dent of this State, and not exceeding the value of |2,000, shall be exempt from sale on execution or any other pro- cess from a court, for any debt contracted since the thirteenth day of July, 1868, or after the ratification of this Constitution. Such exemption, however, shall not extend to any mortgage lawfully obtained, but such mortgage, or other alienation of said homestead by the owner thereof, if a married man, shall not be valid with- out the voluntary signature and assent of the wife to the same. Sec. 3. The homestead of a family, after the death of the owner thereof, shall be exempt from the payment of any delit contracted since the thirteenth day of July, 628 Journal of Alabama 1808, or after the ratification of this Convstitutiou, iu all cases, 'during- the minority of the children. Sec. 4. The provisions of Sections 1 and 2 of this article shall not be so construed as to prevent a labor- ers' lien for Avork done and performed for the person claiming such exemption, or a mechanic's lien for work done on the premises. Sec. 5. If the owner of a homestead die, leaving a widow, but no children, such homestead shall }»e ex- empt, and the rents and profits thereof shall inure to her benefit. Sec. 6. The real or personal property of any female in this State, acquired before marriage, and all prop- erty, real or personal, to which she may after\\ards be entitled by gift, grant, inheritance or devise, shall be and renuiin the separate est ite and property of such female, and shall not be liable for any del)ts, obligations and engagements of her husband, and may be devised or bequeathed b^^ her, the same as if she was a feme sole. Sec. 7. The right of exemption hereinbefore secured, may be waived by an instrument iu 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. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was the report of the CoiU' mittee on Preamble and Declaration of Rights. The question was upon the amendment offered by Mr. Pettus to the amendment offered by ^fr. Sanford to Sec- tion 2 of tlie re]iort of the Committee on Preamble and Declaration of Rights. ]\rr. Lomax moved that Section 2 and the pending amendments be laid upon the table. The motion prevailed, and Section 2 and the pending amendments were laid ujx)u the table. Constitutional Convention. 629 section three. 3. That all political power ivs inherent in the people, and all free governments are founded on their authority^ and instituted for their benefit; and that, therefore, they have at all times an inalienable and indefeasible right to change their form of government in such man- ner as they may deem expedient. A\\is read at length, and on motion of Mr. Lomax, was adopted. section four. 4. That no religion shall be established by law; that no preference shall be given by law to any religious sect, society, denomination or mode of worship; that no one shall be compelled by law to attend any place of wor- ship ; nor pay any tithes, taxes or other rate for the building or repairing any place of worship, or for main- taining any minister or ministry; that no religious test shall be required as a qualification to any office or pub- lic trust under this State; and that the civil rights, privileges and capacities of any citizen shall not be in any manner affected by his religious principles. AV^is read at length, and on motion of Mr. Lomax, was adopted. SECTION FIVE. 5. No law shall ever be passed to curtail or restrain the liberty of speech or of the press; and any person may speak, write and publish his sentiments on all sub- jects, being responsil)le for the abuse of that liberty. iNIr. Lonmx asked unanimous consent to amend Sec- tion 5 by adding the word "that" at the beginning of the section. Consent was graiited, and Section 5 was amended as follows : 5. That no law shall ever be passed to curtail or re- strain the liberty of speech or of the press; and any person mnj speak, write and pu])lish his sentiments on 630 Journal of Alabama all subjects, being responsible for the abuse of that lib- erty. Mr. Lomax moved that Section 5, as amended, be adopted. The motion prevailed, and Section 5, as amended, was adopted. SECTION SIX. G. That the people shall be secure in their persons, houses, papers and possessions from unreasonable seiz- ure or searches, and that no warrants shall issue to search any place or to seize any person or thing Tsathout probable cause, supported by oath or affirmation. ^Vas read at length, and on motion of Mr. Lomax, was adopted. SECTION SEVEN. 7. That in all criminal prosecutions, the accused has a right to be heard by himself and counsel or either; to demand the nature and cause of the accusation ; to have a cop3^ thereof; to be cronf routed by the witnesses against him; to have compulsory process for obtaining witnesses in his favor ; to testify in all cases, in his own behalf, if he elects so to do ; and, in all prosecutions by indictment, a speedy, public trial, by an impartial jury of the county or district in which the offense was com- mitted ; and that he shall not be compelled to give evi- dence against himself, nor be deprived of life, liberty or property but b}' due process of law ; but the General Assembly may, by a general law, provide for a change of venue for the defendant in all prosecutions by indict- ment, and that such change of venue on application of the defendant, may be heard and determined without the personal presence of the defendant so applying there- for. Was read at length. The following minority report was read at length, and the same was considered as an amendment to Sec- Constitutional Convention, 631, tion 7 of the report of the Committee on Preamble and Declaration of llii'hts: "Tlie undersij'ned, mend)ei' of the Committee on Pre- amble and Declaration of IJiglits, concurs in the major- ity of said rejiort save as to portions of Section 7, and he olfers as an amendment to portions of Section 7 the following : And in all prosecntions by indictment the place in the county or district in which the crime was committed shall be stated with reasonable certainty as to enable the defendant to know the particular place where the criminal act is allej>ed to haA'e been committed." Ivespectfully submitted, J. H. Barefield. jMr. Barefield offered the following amendment to the amendment (which was the minority report) : Amend minority report of Section 7 : Insert after in- dictnu^nt the words "time and.'' jMr. Beese moved to lay the minority report and the amendment thereto upon the table. The motion prevailed, and the minority report and amendment was laid upon the table. Mr. Beese offered the following amendment to Sec- tion 7 : Amend Section 7 by inserting after the word, "com- mitted," in the sixth line, the following: But in prose- cutions for rape, adultery, fornication, sodomy or the crime against nature, the court may, in its discression, exclude from the court room all persons except such as are necessary in the conduct of the trial. Mr. Espy moved to table the amendment offered by Mr. Beese. The motion prevailed, and the amendment was laid upon the table. Mr. Coleman, of Greene, offered the following amend- ment to Section 7 : Amend Section 7 by adding thereto the following words: "Provided that at the time of the application for the change of venue the defendant is imprisoned in jail or some legal place of confinement. 6S2 Journal of Alabama By unanimous consent the amendment was adopted. Mr. A\'addell otfe^i'ed the followini^- amendment to Section 7 : To amend Section 7 by adding in the tifth line, after the Avord "do" the following words : And the wife or the husband may be allowed to testify for or against each other where the charge is infanticide. Mr. Lomax moved to table the amendment offered by Mr. AVaddell. The motion prevailed, and the amendment was laid upon the table. On motion of Mr. Lomax, Section 7, as amended, was adopted, SECTION EIGHT. 8. That no person shall be accused or arrested, or detained except in cases ascertained by law, and accord- ing to the form which the same has prescribed ; and no person shall be punished but by virtue of a law estab- lished and promulgated prior to the offense and legally applied. AVas read at length, and on motion of Mr. Lomax, was adopted. SECTION NINE. 9. That no person shall, for any indictable offense, be proceeded against criminally, b}' information, except in eases arising in the militia and volunteer forces when in actual service or by leave of the court, for misfeas- ance, misdemeanor, extortion and oppression in office otherwise than is provided in this Constitution ; provided that in cases of misdemeanor, the General Assembly may, by law, dispense with a Grand Jury, and author- ize such prosecutions and proceedings before Justices of the Peace or such other inferior courts as may be by law established. AVas read at length. Mr. Gates offered the following amendment to Sec- tion 9 : Constitutional Convention. 633 Amend iSectiou i) in liue two, after the word ^'infor- umtiou'' insert the followiuj;-: Except when a felony has been committed and the (irand Jiu*j, at its first term thereafter, fails to find a bill of indictment, tlie court may order such a prosecution, and." Mr. Duke otfered the following amendment to the amendment offered by JMr. Gates : Amend the amendment by inserting immediately after the word "felony"' the words "which may be pun- ished capitally." Mr. Pettus moved to table the amendment offered by Mr. Gates and the amendment to the amendment of- fered by Mr. Duke. The motion to table prevailed, and the amendment to the amendment was laid upon the table : Yeas 71; navs, 44. YEAS. Messrs. Barefield, Bartlett, Beavers, Beddow, Bethune, Blackwell, Brooks, Bulger, Byars, Garden, Carnathon, Chapman, Cobb,t Coleman (Greene), Cornwell, Ferguson, Fitts, Fletcher, Foster, Freeman, Glover, Haley, Heflin (Chambers), Hodges, Hood, Inge, Jackson, Jones (Hale), Jones (Wilcox), Knight, Long (Butler), Lowe (Lawrence), McMillan (Baldwin), McMillan (Wilcox), Martin, Merrill, Miller (Wilcox), Moody, NeSmith, Opp, O'Rear, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Phillips, 634 Journal of Alabama Pitts, Proctor, Reese, l\enfro, Reynolds (Henry), Rogers ( Lowndes ) , Rogers (Sumter), Sanders, Seutell, Sloan, Smith, Mac. A., Smith, iNI organ M. Sorrell, Spears, Spragins, Stewart, Thompson, Walker, VV^eatherly, Willett, Williams (Barbour), Williams (Marengo), Wilson (Clarke), >ViLs()n (\\^ashington), Winn — 71. NAYS. Messrs. President, Ashcraft, Banks, Boone, Browne, Burns, Cofer, Cunningham, Dent, Duke, Eley, Espy, Graham ( Montgomery ) , Graham (Talladega), Grayson, Harrison, Henderson, Howell, Howze, Jenkins, Jones (Bibb), Jones (Montgomery), Kyle, Leigh, Locklin, Lomax, Long (Walker), Lowe (Jetferson), Mai one, Maxwell, Murphree, Norman, Gates, G'Neill (Jefferson), O'Neal (Lauderdale), Palmer, Porter, Sanford, , Selheimer, Studdard, Waddell, Watts, White— 44. Constitutional Convention. 635 Mr. Jones, of Moutgomer}', offered tlie following anienduient to Section 9 : Amend Section 9 by adding after the words "actnal service," in the third line of the printed bill, the words "or Avhen assembled nnder arms as a military organiza- tion." The amendment Avas adopted. Mr. Ferguson offered the following amendment to Sec- tion 9 : To amend Section 9 in line five, after the word "mis- demeanor" by adding the words "and grand larceny." ^Ir. Jones, of A\'ilcox, moved to table the amendment ottered by Mr. Ferguson. The motion prevailed and the amendment was tabled. Mr. O'Neal, of Lauderdale, offered the following amendment to Section 9: Amend Section 9 by adding words "the Circuit or City Court" before the words "Justices of the Peace." Mr. Lomax moved to table the amendment offered by Mr. O'Neal, of Lauderdale. The motion prevailed, and the amendment was laid upon the table. On motion of JMr. Lomax, Section 9, as amended, was adopted. SECTION TEN. 10. That no person shall, for the same offense, be twice put in jeopardy of life or limb; but courts may, for reasons fixed by law, discharge juries from the con- sideration of any case, and no person shall gain any ad- vantage by reason of such discharge of the jury. Was read at length, and on motion of Mr. Lomax, was adopted. SECTION ELEVEN. 11. That no person shall be barred from prosecuting or defending before any tribunal in this State, by him- self or counsel, any civil cause to which he is a party. Was read at length, and on motion of Mr. Lomax, was adopted. 636 Journal of Alarama sf.ction twelve. 12. That the right of trial l)y jury shall remain in- violate. Was read at length. The following minority report was read at length : The undersigned members of the Committee on Pre- amble and Declaration of Kights, do not concur in the foregoing report of the committee so far as it relates to Section 12, Article I, for the following reasons : In every relation of life in Alabama, where the re- sult is dependent upon the opinions and decisions of a number of persons, the principle of majority rule gov- erns, Avitli the single exception of a verdict of a jury. Wh}^ should a unanimous verdict on a question of fact be required and enforced from a jury? A majority of one vote in this Convention either puts a proposition in the organic law or rejects it. A majority of one vote in each House of the General Assembly creates, repeals or modifies a positive law, regardless of the magnitude of the interests involved; a majority of the Senate of United States ratifies or refuses to consent to a treaty with a foreign power. A majority of a single vote in a half a million in a pivotal State may elect a President of the United States, change the policy of the govern- ment, and bring prosperity or ruin to seventy millions of people. And yet the majority of the cimmittee deny that it would be sensible to apply this principle to a verdict of a jury in a civil suit at law. When a judg- ment is entered on a unanimous verdict, if an appeal is taken to the Supreme Court of the State, it can be then finally adjudicated by a bare majority of the Justices. So in the Supreme Court of the United States, five of the Justices against four held the income tax unconsti- tutional ; and in the same court five of the Justices held that Porto Rico was not under the Constitution, and four that it was. Again in all ministerial and execu- tive bodies the majority rules, and the will of the mi- nority must give way to that of the majority when law- fully exi)ressed. For these reasons we think that the l>r()vision authorizing three-fourths of a jury to render Constitutional Convention. 637 a verdict in a civil case sliould become a part of our Constitution, as it is of several other important States of the Union. We therefore recommend as a substitute for Section 12, Article 1, as reported by the committee, the follow- ing: Article 1, Section 12: The right of trial by jury as heretofore enjoyed, shall remain inviolate; but in civil actions three-fourths of the jury nuiy render a verdicL. Respectfully submitted, Samuel Blackwell, E. P. Wilson, T. J. Cornwell. The question was upon the substitute offered by the minority for Section 12. Mr. Grayson offered the following amendment to the minority report : Amend by striking out three-fourths and insert five- sixths. Mr. Baretield moved to table the amendment of Mr. Grayson, The motion prevailed, and the amendment was laid upon the table. Mr. Barefield moved to table the minority report. The motion was lost : Yeas, 43 ; nays, 43. yeas, Messrs. President, Henderson, Barefield, Flood, Beavers, Howze, Bethune, Jackson, Byars, Jones (Hale), Cardon, Jones (Wilcoxj), Carnathon, l^eigh, Cunningham, Lomax, Espy, Long (Walker), Foster, Lowe (Lawrence), Glover, Martin, Graham (Talladega), Maxwell, 638 Journal of Alabama Merrill, Miller (Wilcox), NeSmith, Norman, O'Neal (Lauderdale), Opp, O'Rear, Parker (Cullman), Parker (Elmore), Porter, Rogers (Sumter), Sanders, Spragins, Stewart, Thompson, Waddell, Walker, Weather] y, Willett— 43. NAYS. Messrs. Ashcraft, Banks, Beddow, Blackwell, Boone, Brooks, Bulger, Burns, Chapman, Cobb, Cofer, Dent, Eley, Fletcher, Foshee, Grayson, Haley, Hodges, Inge, Jones (Bibb), Kyle, Macdonald, . Malone, Moody, Murphree, Gates, G'Neill (Jefferson), Palmer, Pearce, Pettus, Pitts, Reese, Reynolds (Henry), Rogers (Lowndes), Sauford, Selheimer, Smith, Mac. A. Smith, Morgan M. Spears, Watts, White, Wilson (Washington). Winn— 43. PAIRS ANNOUNCED. The following i>airs wore annonnccMl: ^Messrs. Smitli, of ^Mobile, and Jones, of ^Montgomery; IMllans and Wilson, of Clarke. Messrs. Smith, of Mo- Constitutional Convention. 639 bile, aud Pillans would vote aye; and ^lessrs. Jones, of Montgomery, and ^^'ils()n, of Clarke, would vote na^'. ADJOURNMENT. Perdinii' the further eonsideration of the rej^ort of the Committee on Preamble and Declaration of Rights, on motion of Mr. Sanders, the Convention adjourned until 9 :30 o'e.loek on Monday morning. THIKTY-NINTH DAY. Convention Hall. Montgomery, Ala., Monday, July 8, 11)01. The Convention met luirsuant to adjournment. Prayer was offered by Kev. ^Ir. Howell of the Conven- tion. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : Messrs. President, Almon, Ash era ft, Banks, Barefield, Bartlett, Beavers, Beddow, Bethune, Blackwell, Boone, Brooks, Bulger, Burnett, Burns, Byars, Carmichael (Colbert), Carnathon, Chapman, Cobb, Coleman (Greene), Craig, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, 640 Journal of Alabama Duke, Eley, Eyster, Ferguson, Fitts, Fletcher, Foshec, Foster, Freeman, Gilmore, Glover, Graham (]\[ontgomery), Graham (Talladega), Grant, Grayson, Greer (Calhoun), Haley, Harrison, Heflin (Chambers) Heflin (Randolph), Henderson, Hodges, Hood, Howell, Howze, Jackson, Jenkins^ Jones (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Ledbetter, Leigh, Lomax, Long (Butler), Long (Walker), Lowe (Lawrence), Macdonald, McMillan (Wilcox), Martin, Maxwell, ^lerrill. Miller (Wilcox), Murphree, NeSmith, Norman, Norwood, Gates, O'Neal (Lauderdale), Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Pitts, Porter, Ree>>^t Ke^molds (Chilton), Reynolds (Henry), Rogers (Sumter), Samford, Sanders, Sanford, Searcy, Selheimer, Sentell, Sloan, Smith, Mac. A., Smith, Morgan M., Spears, Spragins, Thompson, Vaughan, Walker, Watts, Weatherly, Constitutional Convention. 641 White, Williams (Marengo), Whiteside, Wilson (Clarke). Willett, Wilson (Washin^on) — 114 LEAVES OF ABSENCE. Was granted to Messrs. Cardon indefinitely; Browne for Monday and Tuesday; Inge for to-day; Moody for to-day ; Studdard indefinitely ; Tayloe for to-day ; O'Rear indefinitely; Coleman, of Greene, for to-day; Locklin for to-day ; Winn for to-day, to-morrow and Wednesday ; Xirkland for to-morrow; Carmichael, of Coffee, to-day. REPORT OF committee ON THE JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in: The Committee on the Journal beg leave to report that they have examined the Journal for the thirty-eighth day of the Convention, and that the same is correct. Respectfully submitted, John F. Proctor^ Chairman. ilESOLUTIONS. The following resolution was offered and read at length one time: Resolution 231, by Mr. Burns: Resolved, That resolution No. 184, introduced by Mr. <;^unningham, proposing to regulate leaves of absence, he and is hereby rescinded. Mr. Burns moved that the rules be suspended and that the resolution be adopted. The motion prevailed and the rules were suspended. Mr. Cunningham moved to table the resolution. The motion Avas lost. The question recurred upon the motion to adopt the resolution. The motion prevailed, and the resolution was adopted. 41 642 Journal of Alabama ordinances on first reading. The following ordinances were introduced, severally read one time at lengthy and referred to appropriate committees, as follows : Ordinance 413, by Mr. Burns : Amendment to article on Taxation. Amend b}'^ add- ing — Section or proviso : That no license tax shall be required by State, county or municipality of any veteran or ex-soldier of the Civil War of 1861-65, who is unable to perform manual labor^ and whose taxable property does not amount to the ex- emptions allowed by this Constitution; provided, that this ordinance shall not apply to the sale of malt or spirituous liquors. The ordinance was referred to the Committee on Taxation. REPORT OF STANDING COMMITTEES. Mr. Jones, of Montgomery, chairman of the Commit- tee on Executive Department, submitted the foHowing reports, wliicli were read at lengtli, and laid ujion tlie table, and 300 copies of the report containing ordinance No. 414 were ordered printed. Mr. President: The Committee on the Executive Department, to whom was referred the resolution introduced by the gentleman from Montgomery ( Mr. Watts ) , as to the ad- visability of framing and reporting an ordinance to provide for the succession in tlie office of Governor, liave had the subject under consideration, and direct me to report the accompanying ordinance, the passage of which the committee respectfully recommend. Thos. G. Jones, Clmirnntn. Ordinance 414, An ordinance to provide for the succession in the office of Governor, in event of his death, resignation, removal from office, disability or absence frcmi the State, occur- Constitutional Convention. 643: ring prior to the next election of a President of the Senate and Speaker of the House. Section 1. Be it ordained by the people of Ahibama, in Convention assembled, That in event the Governor dies, resigns, is removed or under disabilities, or absent from the State for more than twenty days prior to the next election of a President of the Senate and a S})eaker of the House, the power and duties of the oflice shall devolve in the order named, upon the Hon. D. J. Mead- OAV, the last President pro tern of the Senate ; next upon the Hon. A. M. Tuustall, the last Speaker pro tern of the House; next upon the Attorney General; next upon the Auditor; next upon the Secretary of State; next upon the Treasurer; but the powers and duties of the person exercising the oflice of Governor in lieu of the Governor, shall cease and terminate whenever a Presi- dent of the Senate and a Speaker of the House shall be elected at the next meeting of any General Assembly. Sec. 2. Be it further ordained, that this ordinance shall go into effect immediately. Mr. President : The Committee on the Executive Department direct me to report the accompanying ordinance for the relief of E. L. May, and to recommend its passage: Thos. G. Jones, Chair man. Ordinance 415 : An ordinance for the relief of E. L. May: Be it ordained by the people of Alabama, in Conven- tion assembled, That the sum of |35 be and the same is hereby appropriated to pay E. L . May for his services as clerk for attending the meetings of the Committee on the Executive Department, and transcribing the Article on the Executive Department as finally adopted and reported by the committee, UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was the report of the Com- mittee on Preamble and Declaration of Rights. 644 Journal of Alabama The question was upou the amendment offered by Mr. Burns to the minority repoi-t. (The amendment Avas not read. ) Mr. Burns asked unanimous consent to withdraw the amendment. Consent was ••ranted, and the amendment was with- drawn. RECONSIDERATION. Mr. Williams, of Marengo, moved to reconsider the vote by which Section 10 was adopted. Mr. Lomax moved to table the motion of Mr. Wil- liams, of Marengo, The motion prevailed, and the motion to reconsider was laid upon the table. The question recurred upon the adoption of the mi- nority report to Section 12 of the report of the Com- mittee on Preamble and Declaration of Rights. Mr. Coleman, of Greene, offered the following amend- ment to the minority report : Move to amend the report of the minority by striking out said minority report, and add to the section, as re- ported by the committee, the following: "Provided, that the General Assembly may authorize the return of ver- dicts upon the agreement of three-fourths of the jury in all civil actions, not including actions in tort." The amendment was lost : Yeas, 11 ; nays, 103. YEAS. Messrs. Ashcraft, Gates, Banks, Reynolds (Henry), Brooks, Rogers (Lowndes), Coleman (Greene), Rogers (Sumter), Dent, Wilson (Washington) — 11. Macdonald, Constitutional Convention. 645 NAYS. Messrs. President, Almon, Barefield, Bartlett, Beavers, Beddow, Bethune, Blackwell, Boone, Bulger, Burnett, Biirus, Byars, Carmichael (Colbert), Carnathon, Chapman, Cobb, Craig, Cunninii,ham, Davis (DeKalb), Davis (Etowah), Duke, Eley, Eyster, Ferguson, Fitts, Fletcher, Foshee, Foster, Freeman, (rilmore. Glover, Graham (Montgomery), Graham (Talladega). Grant, Greer (Calhoun), Haley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hodges, Hood, Howell, Howze, ,, Jackson, Jenkins, Jones (Bibb), Jones (Hale), Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Ledbetter, [.eigh, Lomax, Long (Butler), Long (Walker), Lowe (Lawrence), :\rcMillan '(Wilcox), Martin, Maxwell, :\rorrill, M\Uev (Wilcox), Murphree, XeSmith, Norman, Norwood, O'Neal (Lauderdale), Parker (Cullman), Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Pitts, Porter, 646 Journal of Alarama Reese, Reynolds (Chilton), Samford, Sanders, Sanford, Searcy, Selheimer, Sentell, Sloan, Smith, Mac. A., Smith, Morgan M., Sorrell, Spears, Spragins, Thompson, Yaughan, Walker, Watts, Weatherly. White, Whiteside, Willett, Williams (Barbour), Williams ( Marengo) , Wilson (Clarke)— 103. PAIRS ANNOUNCED, The following pairs Avere announced : Mr. ]i[ulkey would vote aye, and Mr. Palmer would vote nay. Mr. Jones, of Montgomery, stated that he was paired with Mr. Smith, of Mobile, but he did not know how Mr. Smith would vote on the above proposition, and asked to be excused from voting. Mr. Jones, of Montgomery, w^as excused from voting. The question recurred upon the adoption of the mi- nority report. The minority report was lost : Yes, 29 ; nays, 81. YEAS. Messrs. Ash era ft, Banks, Bartlett, Beddow, Blackwell, Boone, Brooks, Byars, Cobb, Craig, Dent, Fletcher, Foshee, Freeman, Macdonald, Murphree, Norwood, Gates, Pettus, Pitts, ^*eese, Reynolds (Henry), Constitutional Convention. 647 jRogers (Lowndes), Sanford, Selheimer, Smith, Mac. A., Spears, AVhite, Wilson ( Washington ) — 29. IsJAYS. Messrs. President, Almon, Barefield, Beavers, Bethune, Bulger, Burnett, Oarmichael (Colbert), Carnathon, Chapman, Coleman (Greene), Cunningham, Davis (DeKalb), Davis (Etowah), Duke, Eley, Eyster, Ferguson, Fitts, Foster, Gilmore, Glover, Graham (Montgomery) Graham ( Talladega) , Grant. Greer (Calhoun), Haley, Harrison, Heflin (Chambers), T=TpfiiT. (Randolph), Henderson, Hodges, Hood. Howell, Howze, Jackson, Jenkins, Jones (Bibb), Jones (Hale), Kirk, Kirkland, Knight, Kyle, Ledbettei , Leigh, Lomax, Long (Butler), Long (Walker), Lowe (Jefferson), Martin, Maxwell, Merrill, /fillpr r Wilcox), NeSmith, Norman, O'Neal (Lauderdale), Parker (Cullman), Parker (Elmore), Pearce, Phillips, Pillans, Porter, Reynolds (Chilton), Samford, t^anders, Searcy, Selheimer, Sontell, 648 Journal of Alarama Sloan, Weatherly, Sorrell, Whiteside, Spragins, Willett, Thompson, Williams (Barbour),, Vaughan, Williams (Marengo), Walker, Wilson (Clarke) — 81. Watts, PAIRS ANNOUNCED.. The following pairs were announced: Messrs. Jones, of Montgomer}^, and Smith, of Mobile; Cofer and Jones, of Wilcox; Moody and McMillan, of Wilcox; Palmer and Mulkev; Burns and Carmichael,. of Coffee. Messrs. Jones, of Montgomery, Cofer, Moody, Palmer^ and Burns would vote aye; and Messrs. Smith, of Mo- bile, Jones; of Wilcox; McMillan, of Wilcox; Mulkey^. and Carmichael, of Coifee, would vote nay. SECTION TWELVE. Section 12 was, upon motion of Mr. Lomax, adopted. RECESS. Pending the further consideration of the report af the Committee on Preamble and Declaration of Rights, the hour of 1 o'clock arrived and, under the rules, the Convention recessed until 3 :30 o'clock this afternoon. AFTERNOON SESSION. The Convention met pursuant to adjournment. ROLL CALL. On a call of the roll of the Convention the follow- ing delegates answered to their names, which constfv tuted a quorum : Constitutional Convention. 64^ Messrs. President, Almon, Ashcraft, Banks, Bartlett, Beavers, Beddow, Blackwell, Boone, Brooks, Bulger, Burns, Byars, Carmichael (Colbert), Carnathon, Chapman, Cobb, Cofer, Coleman (Greene), Cornwell, Craig, Cunningham, Davis (DeKalb), Dent, Duke, Eley, Evster, F^erguson, Fitts, Fletcher, Foshee, Foster, Freeman, Glover, Graham (Montgomery) Graham (Talladega), Greer (Calhoun), Haley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hodges, Howell, Howze, Jackson, Jones (Bibb), Jones (Hale), Jones (Montgomery),. Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Ledbetter, Leigh, Lomax, Long (Walker), Lowe (Lawrence), Macdonald, :McMillan (Wilcox), Martin, Maxwell, Merrill, ]\Iiller (Wilcox), Murphree, NeSmith, Norman, Norwood, Gates, O'Neal (Lauderdale), Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, 650 Journal of Alabama Phillips, Pillans, Pitts, Porter, Reese, Reynolds (Chilton), Reynolds (Henry), Robinson, Roj^cers (Lowndes), Rogers (Sumter), Samford, Sanders, Sanford, Searcy, Selheimer, Sentell, Sloan, Smith, Mac. A. Smith, Morgan M., Sorrell, Spears, Spragins, Thompson, Vaughan, Walker, Watts, Weatherly, White, Whiteside, Willett, Tiljiams (Barbour), Williams (Marengo), Wilson (Clarke), Wilson ( Washington ) — 110. QUESTION OF PRIVILEGE. ^Ir. Heflin, of Chambers, arose to a question of per- sonal privilege, and stated his question of privilege as follows : I rise to a question of personal privilege. The President — The gentleman will state the question of privilege. Mr. Heflin (Chambers) — On this morning, during roll call, upon the last roll call before adjournment, when the gentleman-s name from ^Montgomery was reached, he stated to the Chair that he Avas paired with the gentleman from Mobile, and that he did not know how that gentleman would vote, and proceeded to ex- plain his vote, saying that he woiild A^ote for the mi- nority report, as lie wanted that or nothing. I rose to the point of order that the gentleman could not state a pair unless the other gentleman would vote in the opposite from himself. Then the President pro tern asked uu^ for what purpose I rose, and I said to have the gentleman from Montgomery to cast his vote without reference to the pair. The Chair ruled, when the dis- tinguished gentleman from Montgomery said that it Constitutional Convention. 651 occurred to him that the point of order was frivilous, and tlie Cliair said that the Chair so ruled,^that my point of order was frivilous. I want to set myself rij»*lrt before this Convention, Mr. President, by reading rule 38 of this Convention: "Every delegate may be required to vote on any question before the Convention." Further rule -10 : "After a vote has been ordered upon any ques- tion no delegate shall be permitted to explain his vote, without the unanimous consent of the Convention." The gentleman from Montgomery stated something with reference to a pair, without stating a pair with the gentleman from Mobile upon the pending (luestiou, and without obtaining the consent of the Convention. He stated that he would vote against the amendment, be- cause he wanted the minority report or nothing, there- by explaining his vote to this Convention, by permis- sion of the Cliair, but Avithout the consent of the Con- vention. I rose to the point of order, and I think the President of this Convention will sustain me, for all parliamentary law does, that a gentleman cannot pair with another gentleman unless the other gentlenuin would vote directly opposite from the wa}^ the gentleman himself would vote. I merely want to suggest, Mr. Presi- dent, under the ruling of the President pro tem, the Convention was not ver}^ wise in passing these t\\() rules. I just wanted to call attention to the matter. Mr. Jones, of Montgomery, thereuiyon arose to a ques- tion of personal privilege, and stated his question of privilege as follows : I rise to a question of personal privilege. The point made by the gentleman from Chambers arose in this way: I stated that I was paired with the gentleman from Mobile upon this question, and that I did not know how he would vote, and if he was present I would vote so and so. My friend from Chambers misapprehended the phase of the case in which the other matter came us. I then stated to the Chair that I did not know how the gentleman from Mobile would vote on that, but that I was paired with him on the general question, but if he was present I thought he would vote so and so, 652 Journal of Alabama and I would vote so and so. That is not an explanation of a vote. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was the report of the Com- mittee on Preamble and Declaration of Eights. SECTION THIRTEEN. 13. That in all prosecutions for libel or for the publi- cation of papers investigating the official conduct of officers of men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence; and that in all indict- ments for libel, the jury shall have the right to deter- mine the law and the facts under the direction of the court. Was read at hnigth, and On uioticui of ^Ir. Lomax, was adopted. SECTION FOURTEEN. 14. That all courts shall be open ; and that every per- son, for any injury done him, in his lands, goods, person or reputation, shall have a remedy by due process of law; and right and justice shall be administered without sale, denial or delay. Was read at length, and on motion of Mr. Lomax,. was adopted. SECTION FIFTEEN. 15. That the State of Alabama shall never be made a defendant in any court of law or equity. Was read at length, and on motion of Mr. Lomax^ was adopted. SECTION SIXTEEN. ' 16. That excessive fines shall not be imposed nor cruel or unusual punishments inflicted. Constitutional Convention. 653 Was read at length. Mr. Pillans offered the following amendment to Sec- tion 16 : Amend Section 16 of the Declaration of Kights, Arti- cle I of the Constitution, by adding thereto the words following, to- wit: And that it shall not be lawful to use the lash upon or Avhip or flog any person held to labor under conviction for crime or misdemeanor in this State. Mr. Lomax moved to table tlie amendment offered by Mr. Pillans. The motion prevailed, and the amendment was laid upon the table. Mr. Lomax moved that Section 16 be adopted. The motion prevailed, and Section 16 was adopted. SECTION seventeen. 17. That all persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great ; and that excessive bail shall not in any case be required. Was read at length, and on motion of Mr. Lomax was adopted. SECTION eighteen. 18. That the privilege of the writ of habeas corpus shall not be suspended by the authorities of this State. Was read at length, and on motion of Mr. Lomax was adopted. SECTION NINETEEN. 19. That treason against the State shall consist only in levying war against it, or adhering to its ene- mies, giving them aid and comfort; and that no person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or his confession in open court. 654 Journal of Alabama AVas read at length. By iinaniiiioiis consent Section 19 was amended as follows : 19. That treason against the State shall consist only in levying war against it, or adhering to its ene- nnes, giving them aid and comfort; and that no person shall l)e convicted of treavson, except on the testimony of two ^^•itnesses to the same overt act, or his own con- fession in open court. On motion of Mr. Lomax, Section 19 was adopted as amended. SECTION TWENTY. 20. That no person shall be attainted of treason by the General Assembly ; and that no conviction shall work corruption of blood or forfeiture of estate. Was read at length, and on motion of Mr. Lomax Avas adopted. SECTION TWEXTY-ONE. 21. That no person shall be imprisoned for debt. Was read at length. Mr. Gates offered the following amendment to Sec- tion 21 : Amend Section 21 by adding thereto the following words, to-wit: Except for wilful and flagrant fraud. Mr. Carmichael, of Colbert, moved to table the amend- ment ottered by Mr. Gates. The motion prevailed, and the amendment was laid upon the table. Tpon motion of Mr. Samford, Section 21 was adopted, SECTION TWENTY-TWO. 22. That no power of suspending laws shall be exer- cised except by the General Assembly. Was read at length, and on motion of ^Ir. Samford was adopted. Constitutional Convention. 655 section twenty-th r ee. 23. That 110 cz- post facto law, or any law, impairing the obligation of contracts, or making any irrevocable or exclusive grants of special privileges or imnuinities, shall be passed by the General Assembly; and every grant of a franchise, privilege or immunity, shall for- ever remain subject to revocation, alteration or amend- ment. Was read at length, and on motion of Mr. Lomax Avas adopted. section tw enty-four. 24. That the exercise of the right of eminent domain shall never be abriged nor so construed as to prevent the General Assembly from taking the property and fran- chises of incorporated companies and subjecting them to public use the same as individuals. But private prop- erty shall not be taken or applied for public use, unless just compensation be first made therefor; nor shall pri- vate property be taken for private use or for the use of corporations, other than municipal, without the consent of the owner; provided, however, that the General As- sembly may, by law, secure the persons or cori>orations the right of way over the lands of other persons or cor- porations, and by general laws provide for and regulate the exercise by person and corporation of the rights herein reserved ; but just compensation shall, in all cases, be first made to the owner ; and, provided that the rght of eminent domain shall not be so construed as to allow taxation or forced subscription for the benefit of railroads or any other kind of corporation, other than municipal, or for the benefit of any individual or as- sociation. Was read at length and, on motion of Mr. Lomax, was adopted. section twenty-five. 25. That all navigable waters shall remain forever public highways, free to the citizens of the State, and 656 Journal of Alabama of the United States, without tax, impost or toll; and that no tax, toll, impost or wharfage shall be demanded or received for the owner of any merchandise or com- modity for the use of the shores, or any wharf erected ■on the shores, or in or over the waters of any navigable stream, unless the same be expressly authorized by law. Was read at length and, on motion of Mr. Lomax, was adopted. SECTION TWENTY-SIX. 26. That the citizens have a right in a peaceable man- ner to assemble together for the common good, and to apply to those invested with the power of government for redress of grievances or other purposes, by petition, address or remonstrance. Was read at length and, on motion of Mr. Lomax, was adopted. SECTION TWENTY-SEVEN. 27. That every citizen has a right to bear arms in de- fense of himself and the State; and it shall be the duty of the General Assembly to define by law small arms, and regulate the bearing of the same. Was read at length. Mr. Reese offered the following amendment to Sec- tion 27 : Amend by striking out all of Section 27 after the word State in first line. Mr. Greer, of Calhoun, moved to table the amendment offered by Mr. Reese. The motion to table was lost. The question recurred upon the amendment offered by Mr. Reese. The amendment was adopted. The Section 27, as amended was adopted. SECTION TWENTY-EIGHT. 28. That no standing army shall be kept up without the consent of the General Assembly, and in that case, no appropriation for its support shall be made for a Constitutional Convention. 657 longer term than one year; and the military shall, in all cases and at all times, be in strict snbordination to the civil power. Was read at length and, on motion of Mr. Lomax, was adopted. SECTION TWENTY-NINE. 29. That no soldier shall, in time of peace, be quar- tered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law. Was read at length and, on motion of Mr. Lomax, was adopted. SECTION THIRTY. 30. That no title of nobility or hereditary distinction, privilege, honor or emolument, shall ever be granted or conferred in this State; and tliat no office shall be Cunningham, Dent, deOraffenried, Duke, Eley, Eyster, Espy, Fitts, Foshee, Graham (Talladega), Greer (Perry), Heflin (Chambers), Howell, Howze, Jones ( Montgomery^ , Jones (Wilcox), Kirk, Kirkland, Knight, Ledbetter, LoAve (Jefferson), McOIillan (Wilcox), Malone, Martin, Maxwell, Merrill, Murphree, Norman, Norwood, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Pillans, Pitts, Reese, Rogers (Lowndes), Rogers (Sumter), Samford, Sentell, Smith (Mobile), Smith, Morgan M., Stewart, Thompson, Vaughan, White, Williams (Barbour), Williams (Elmore), Winn— 64. Constitutional Convention. 677 Subdivision 15 was read at length as follows : Fifteenth — Fixing the punishment of crime or mis-- demeanors. Mr. Walker offered the following amendment, which was adopted: Amend by striking out the words "or misdemeanors.'^ Mr. Carmichael, of Colbert, moved to strike out sub- division 15 and pending amendments. The motion was lost. Mr. O'Neal, of Lauderdale, moved to adopt subdivisioui 15 as amended. The motion prevailed, and subdivision 15, as amend- ed, Avas adopted. Subdivision 16 was read at length as follows: Sixteenth — Providing for or regulating either the as'- sessment or collection of taxes. Mr. Smith, of Mobile, moved the following amend- ment : Amend subdivision 16 of Section 1 of the report of the Committee on Local Legislation (1) by substitat- ing a comma at the end of the sul>division for the semi- colon now there; (2) by adding at the end of the sub- division the folloAving, viz : Except in connection with the readjustment, removal or extension of municipal indebtedness prior to the adoption of the Constitution of 1875." Mr, Foster offered the following amendment to the amendment of Mr. Smith, of Mobile, which was adopted : Amend by striking out the words "providing for or." Mr. Kirk moved to table subdivision 16 and pending amendments. The motion was lost. The question recurred upon the adoption of the amendment as amended offered by Mr. Smith, of Mo- bile. The amendment, as amended, was adopted, and sub- division 16, as amended, was adopted. Subdivision 17 was read at length as follows: Seventeenth — Giving effect to invald will, deed or other instrument. • •678 Jguunal of Alabama By unanimous consent subdivison 17 was amended by inserting the word "an" after tbe word "to" and be- fore the word "invalid." Subdivision 17, as amended, was adopted. Subdivision 18 was read at length as follows: Eighteenth — Legalizing the invalid act of any officer. Mr. Jones, of Montgomery, offered the following amendment : Amend Section 1 by striking out the eighteenth sub- division. The amendment was adopted, and subdivision 18 was stricken out. Subdivision 19 was read at length as follows: Nineteenth — ^Authorizing any township, city, town or village to issue bonds or other securities. Mr. Smith, of Mobile, offered the following amend- ment : Amend subdivision 19 of Section 1 of the report of the Committee on Local Legislation by adding at the end of the subdivision the following, viz : Except in connection with the readjustment, removal or extension of existing municipal indebtedness created prior to the adoption of the Constitution of 1875. adjourn:ment. Pending the further consideration of the report of the Committee on Ix)cal Legislation, the hour of 6 o'clock p. m. having arrived, under the rules the Con- vention adjourned until to-morrow morning at 9 :30. FORTY-FIRST DAY. Convention Hall. Montgomery, Ala., Wednesday, July 10, 1901. The Convention met pursuant to adjournment. Prayer was offered by Rev. Mr. Dix of the city. Constitutional Convention. 679 ROLL CALL, On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : Messrs. President, Almon, Ashcraft, Banks, Barefield, Beavers, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Bulger, Burns, Byars, Cardon, Carmichael (Colbert), Carnathon, Case, Chapman, Cobb, Cofer, Coleman (Greene), Coleman (Walker), Cornwell, Craig, C'unningham, Davis (DeKalb), Davis (Etow^ah), Dent, Duke, Elev, Eyster, Espy, FergnsoB, Fitts, Fletcher, Poshee, Foster, Freeman, Gilmore, Glover, Graham (Montgomery), Graham (Talladega), Grant, (3 ray son, Haley, Harrison, Heflin (Chambers), rieflin (Randolph), Henderson, Hodges, Hood, Howell, HOwze, Inge, Jackson, Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Ledbetter, Leigh, Lowe (Jefferson), Lowe (Law^renee), ^facdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, Maxwell, 680 Journal of Alarama. Merrill, Miller (Marengo), Miller ( Wilcox 1 Moody, Murphree, NeSmith, Norman, Norwood, Gates, O'Neal (Lauderdale), O'Neill (Jefferson), Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Pitts, Porter, Proctor, Reese, Eenfro, Reynolds (Henry), Robinson, Rogers (Lowndes), Rogers (Sumter), Samford, Sanders, Sanford, Searcy, Selheimer, Sentell, Sloan, Smith (Mobile), Smith, Mae. A., Smith, Morgan M.,. Spears, Spragins, Stewart, Thompson, Vanghan, Waddell, Walker, Watts, Weakley, Weatherlv, White, Whiteside, Williams (Barbour),. ^Am 1 1 i ams ( Marengo ) Williams (Elmore), Wilson (Clarke), Wilson (Washington), Winn— 129. LEAVE OF ABSENCE Was granted to Mr. Jenkins for to-day and to-mor^ row; to Mr. Locklin indefinitely on account of sickness ;^ to Messrs. Sollie and Tayloe for to-day, and to Mr. Weatherlev for the afternoon session. REPORT OF THE COMMITTEE ON THE JOURNAL. The chairman of the Committee on the Journal sub- mitted the follo-vVing report, which was concurred in : The Committee on the Journal beg leave to report that thev have examined the Journal for the fortieth Constitutional Convention. 681 day of the Convention, and that the same is correct. Respectfully submitted, John F. Proctor^, Chairman. RESOLUTIONS ON FIRST READING. The following: resolutions were introduced, severally read one time at length, and referred to appropriate committees, as follows: Resolution 234, by Mr. Graham, of Talladega: Resolved, That beginning with next Monday at 8:30 this Convention shall hold evening sessions each day from 8 :30 to 10 o'clock. The resolution was referred to the Committee on Rules. Resolution 235, by Mr. Burns : Resolved, That the Committee on Fees, Printing, etc., report to this Convention what it cost per day to run the Convention, and recommend some reduction of ex- penses. The resolution was referred to the Committee on Schedule, Printing and Incidental Expenses. Resolution 236,' by Mr. Kirk: Relating to the powers of municipal corporations to create debts. Whereas, Section 10 of the article on Taxation adopt- ed by this Convention on Friday, the 5th day of July, 1901, providing a debt limit for municipal corporations, makes an innovation in the laws of this State as here- tofore existed, under which many of the towns and cities have created obligations which exceed the debt limit; and Whereas such towns and cities under the operation of Section 10 are prevented from creating any additional debt, and are unable to protect themselves from extor- tion in the matter of securing water, lights and sewer- age, now, inasmuch as the cities of Sheffield and Tus- cumbia have requested that thev be allowed to pay off and adjust their obligation under the laws as they ex- isted at the time their debts were created; 682 Journal of Alabama Therefore, be it resolved, That the cities of Sheflfield and Tuscumbia be exempt from the operation of Section 10 of said Article on Taxation, The resolution was referred to the Committee on Taxation. Resolution 237, b}^ Mr. deGraffenried : Resolved, That after the present week this Conven- tion shall dispense with all clerks of committees except the clerk of the Committee on Rules and a clerk for the Committee on the Order, Harmony and Consistency of the Whole Constitution, Resolved further. That the clerks of the Committees on Rules and of the Order, Harmony and Consistency of the Whole Constitution shall serve the chairmen of the other committees when their services are required. The resolution was referred to the Committee on Rules. ORDINANCES ON FIRST READING. The following ordinances were introduced, severally read one time at length, and referred to appropriate committees, as follows : Oixlinance 417, by Mr, Lowe, of Jefferson: To amend Section 13 of an ordinance entitled "An ordinance to create and define the Executive Depart- ment.'' The ordinance was referred to the Committee on Executice Department, COMMITTEE GRANTED LEAVE TO SIT DURING SESSION. On motion of Mr. Graham, of Talladega, the Com- mittee on Education was granted leave to sit during the morning session of to-day. RECONSIDERATION. Mr, Williams, of Elmore, moved to reconsider the vote by which subdivision 14 was lost on yesterday. The motion to reconsider was lost. Constitutional Convention. 683 REPORT OF the COMMITTEE ON RUL^S. Mr. Smith, of Mobile, acting cliairmaii of the Com- mittee on l\iiles, reported favorably the following reso- lutions, which were adopted : Eesolution 228, by Mr. White : Resolved, That the President of this Convention ap- point a committee of five, whose duty it shall be to see that all articles adopted by this Convention are properly engrossed; said committee to be known as the Com- mittee on Engrossment. Resolution 229, by Mr. White : Resolved, That when any article has been adopted, 300 copies thereof shall be printed for the use of the members of this Convention. Mr. Smith, of Mobile, acting cliaiiinan of the Com- mittee on Rules, also reported the following resolution without recommendation : Resolution 213, by Mr. Fletcher : Whereas, This Convention was called chiefly to make a Constitution regulating suffrage and taxation; and AMiereas, More than one-half of the time alloted for its work by the enabling act has been consumed in the passage of one article; and Whereas, Expedition is plainly essential to the cann- ing out of the purpose for which this Convention as- sembled, and to economize expenses to the State ; and 'H'Miereas, It is believed that the consideration and disposition of the Suffrage article as soon as possible will greatl}' facilitate and hasten to completion the business now before the Convention; Therefore, be it resolved. That after the adoption of the article now being discussed, the article on Suffrage shall be taken up for consideration, and continued until finally disposed of; Be it further resolved, That all articles heretofore made special orders shall be postponed and taken up in their regular order after the article on Suffrage shall have been adopted. Mr. Coleman, of Greene, offered the following amend- ment to resolution 213 : 684 Journal of Alabama Amend t)y setting report of Suffrage and Elections for a special order on next Tuesday immediately after reading of the Journal. On motion of Mr. Pettus the resolution and amend- ment were laid upon the table. STENOGRAPHIC REPORT. Mr. Beddow called the attention of the Convention to certain errors in the stenographic report of the pro- ceedings of yesterday. The report was ordered corrected. Mr. Coleman, of Greene, moved to set the report of the Committee on Suffrage and Elections for special order after the consideration of the reports now on the table. On motion of Mr. Sanders the motion of Mr. Coleman of Greene was laid upon the table. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was the report of the Committee on Local Legislation. The question was upon the adoption of the amend- ment offered bv ^Lr. Smith, of Mobile, to subdivision 19. ]\[r. Eyster offered the following substitute for sub- division 19 and pending amendment : Resolved, That subdivision 19 of Section 1 be stricken from said section. On motion of Mr. Dent the amendment and substitute were laid upon the table. Mr. O'Neal, of Lauderdale, offered the following amendment to subdivision 19. which was adopted: Amend Section 1, subdivision 19, Article -^, Local Legislation, by adding the Avord county before word township, And adding, at end of said subdivision the following: Except in cases in which the issuance of said bonds or other securities ha^s been authorized by a vote of the duly qualified electors of such county, township^ Constitutional Convention. 685 the fees of Justices of the Peace or the fees of Constables, On motion of Mr. Watts the amendment and substi- tute were laid 'Ji>on the table. Mr. Williams, of Marengo, offered the following amendment to subdivision 23 : Amend by adding at end of subdivision 23 of Section 1 the following: Except said office of Justice of the Peace may be abolished in certain sections. On motion of Mr. dedraffeuried the amendment of Mr. Williams, of Marengo, was laid upon the table. Mr. Jones, of Hale, offered the following amendment to subdivision 23 : Amend by striking out subdivision 23 of Section 1. On motion of Mr. Waddell the amendment of Mr. Jones, of Bibb, was laid upon the table. On motion of Mr. O'Neal, of Lauderdale, subdivision 23, as amended, Avas adopted. Subdivision 24 was read at length as follows, and adopted : Twenty-fourth — Establishing separate school dis- tricts. Sulidivision 25 was read at length as follows : Twenty-fifth — Establishing separate stock districts. Mr. Watts ottered the following amendment to subdi- vision 25, which was read at length : Amend subdivision 25 so as to read : Establishing dis- tricts in which stock shall or shall not run at large. On motion of Mr. Grant the amendment of Mr. Watts was laid upon the table. On motion of Mr. O'Neal, of Lauderdale, subdivision 25 was adopted. Subdivision 2(5 was read at length as follows : Twenty-sixth — Cretating, increasing or decreasing fees, percentage or allowances of public officers. No special, private or local law, except a law fixing the time of holding courts, shall be enacted in any case, which is provided for, by a general law, or when the re- lief soug'ht can be given by any court of this State, aQd the courts and not the General Assembly shall judge as to whether the matter of said law is provided for by Constitutional Convention. 687 a general law, and as to whether the relief sought can be given by any court; nor shall the General Assembly indirectly enact any such special, private or local law by the partial repeal of a general law. The General As- sembly shall pass general laws for the cases enumer- ated in this section. On motion of Mr. Gates the supplementary report of the Committee on Legislative Department to the report of the Committee on Local Legislation was taken up and read as follows : Mr. President : Whereas, local legislative provisions have heretofore belonged to the Legislative Department of the Consti- tution; and Whereas, one of the standing committees of this Con- vention was given jurisdiction of local legislation, which led to some confusion in the introduction and reference of ordinances upon that subject to each of said commit- tees, and caused the Committee on Legislative Depart- ment to fully consider and draft a section, with numer- ous subdivisions, to report to the Convention for adopt- ion, and Whereas, the Committee on Local Legislation has made its report not embracing a number of matters which this committee maturely considered and desired shall be adopted; Now, in pursuance to an understanding and agree- ment with the chairman of that committee, your Com- mittee on the Legislative Department instruct me to re- port and recommend for adoption the f(jllo\ving addi- tional restrictions upon the power of the Legislature to enact local, special or private laws to come in after the words "public officers" in subdivision 26 of Section 1 of the article already reported by said committee, to- wit : Twenty-seven — Exemption of property from taxation or from levy or sale. T^venty-eighth — Exempting any person from jury, road or other civil duty. 688 Journal OF Alabama Twent3^-ninth — Laying out, opening, altering or work- ing roads or liighways. Thirtieth — Providing for the management or support of any common or private school, incorporatin the same or granting such school any privileges. Thirty-first — Granting any land owned by or under the control of the State, to any person or corporation. Thirty-second — Remitting fines, penalties or forfeit- ures. Thirtj'-third — Providing for the conduct of elections, or designating places of voting, or changing the boun- daries of wards, precincts, or districts, except on the or- ganization of new counties. Thirty-fourth — Restoring the right to vote to persons convicted of infamous crimes or involving moral turpi- tude. Thirty-fifth — Refunding monej' legally paid into the State Treasury. Your committee do not concur in Section 5 of said article as reported by the Committee on Local Legisla- tion, and recommends as a substitute therefor Section 25 of Article IV of the present Constitution. Respectfully submitted, Wm. C. OateS;, Chairman. Mr. O'Neal, of Lauderdale, chairman of the Commit- tee on Local Legislation, moved to accept the supple- mentary report of the Committee on Legislative Depart- ment, in so far as the same related to subdivisions 27 to 35 inclusive. An objection was interposed, and the motion was withdrawn. Mr. Weatherly moved to take up the supplementary report of the Committee on Legislative Department and consider same immediately and that the consideration of subdivision 26 be postponed. The motion was lost. Mr. deGraffenreid moved to recommit subdivision 26 to the Committee on Local Legislation. On motion of Mr. O'Neal, of Lauderdale, the motion of Mr. deGraffenried was tabled. Constitutional Convention. 689 Mr. Samford moved to table subdivision 26. The motion was lost Mr. O'Neal asked unanimous consent to withdraw all •of subdivision 26 except the following words: Twenty-sixtli — Creating-, increasing or decreasing fees, percentage or allowances of public officers. Consent was granted, and subdivision 26, as amended, hj the motion of Mr. O'Neal, of Lauderdale, was read as follows and adopted : Twenty-sixth — Creating, increasing or decreasing fees, percentage or allowances of public officers. The supplementary report of the Committee on Le- gislative Department was thereupoii taken up and sub- division 27 was read as follows : Twenty-seven — Exemption of property from taxation or from levy or sale. Mr. Pillans offered the following amendment, which Avas accepted : Amend by striking out '^exemption of" and inserting "exempting." Subdivision 27, as amended, was adopted as follows: Twenit.y- seventh — Exempting property from taxation or from levy or sale. Subdivision 28 was read at length as follows and adopted : Twenty-eighth — Exempting any person from jury, Toad or other civil duty. Subdivision 29 was read as follows: Twenty-ninth — Laying out, altering or working roads or highways. Mr. Weatherly moved to lay subdivision 29 on the table. The motion was lost. Mr. Dent offered the following amendment to subdi- vision 29, which was adopted : Amend by striking out subdivision 29 of Article under 'Consideration. Subdivision 29 was stricken out. Subdivision 30 was read at length as follows: 44 690 Journal of Alabama Thirtieth — Providing for the management or support of any common or private school, incorporating the same or granting such school any privileges. Mr. Merrill offered the following amendment to sub- division 30 : Amend subdivision 30 by adding at the end thereof "not now provided for by law." On motion of Mr. White, subdivision 30 and pend- ing amendments were laid upon the table. Subdivision 31 was read at length as follows : Thirty-first — Granting any land owned by or under the control of the State, to any person or corporation. Mr. Gates asked unanimous consent that the word "gTant" be stricken out and the word "donating" in- serted in lieu thereof. Consent was granted. Mr. Burns offered the following amendment to subdi- vision 31 : Add to 31 : Except the biennial grants of State lands to Emma Sanson Johnson, the heroine of Black Creek, Gn motion of Mr. Heflin, of Chambers, the amend- ment offered by Mr. Burns was laid upon' the table. Mr. Gates moved that subdivision 31, as amended, be adopted. The motion prevailed, and subdivision 31, as amended, was adopted. RECESS. Pending the further consideration of the report of the Committee on Local Legislation, the hour of 1 o'clock p. m. arrived, under the rules the Convention adjourned until 3 :30 p. m. AFTERNGGN SESSIGN. The Convention met pursuant to adjournment. ROLL CALL. Gn a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : Constitutional Convention. 691 Messrs. President, Almon, Asheraft, Banks, Barefield, Bartlett, Beavers, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Bulger, Burns, Bvars, Carmichael (Colbert), Carnathon, Case, Cobb, Cofer, Coleman (Greene), Cornwell, Craig, Canningham, Davis (DeKalb), Davis (Etowah), Dent, deOraffenried, El oy, Eyster, Espy, Fletcher, Foshee, Foster, Freeman, Gilmore, Glover, Graham (Montgomery), Graham (Talladega), Greer (Calhoun), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph)^ Henderson, Hinson, Hood. Howell, Howze, Inge, Jackson, Jones (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Ledbetter, Leigh, Lowe (Jefferson), Lowe (Lawrence), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Murphree, ' NeSmith, Norman, Norwood, Gates, O'Neal (Lauderdale), O'Neill (Jefleerson), 692 Journal of Alabama Opp, Palmer, Parker (Cullman), Pearce, Pettus, Phillips, Pillans, Pitts, Porter, Proctor. Reese, Renfro, Robinson, Rogers (Lowndes), Rogers (Sumter), Samford, Sanders, Sanford, Searcy, ^elheimer, Senteli, Sloan, Smith (Mobile), Smith, Mac. A., Smith, Morgan M., Spragins, Stewart, Thompson, Vaughau, Waddell, Walker, Watts, Weakley, White, ^ Whiteside, Williams ( BarbourJ , Wilson (Clarke) Wilson (Washington), •Winn— 121. REPORT OF STANDING COMMITTEES. IVIr. Heflin, of Randolph, chairman of the Committee on Schedules, Printing and Incidental Expenses, sub- mitted the following report, which was laid upon the table and SOO copies ordered printed : SCHEDULE, PRINTING AND INCIDENTAL EXPENSES. Mr. President: The Committee on Schedule, Printing and Incidental Expenses have instructed me to make the following par- tial report, viz: The committee has audited the accounts hereto at- tached and find that the State of Alabama is indebted to the Brown Printing Co. of Montgomery, Ala., in the sum of 1176.90 for printing. We find that the said State is indebted to J. W. Terry of Montgomery, Ala., for the use of typewriter from May 24th to June 24th, in the sum of |5.' Constitutional Convention. 693: We find that the said 8tate is indebted to Ed. O. Fowler Co., of Montgomery, Ala., in the sum of $8.60, We find that the said State is indebted to J. AV. Terry of Alontgomer}', Ala., in the sum of |16 for services ren- dered Rules Committees up to May 27, 1901. We find that said State is indebted to W. W . Haygood of Montgomery, Ala., in the sum of |1.25. We find that said State is indebted to Miss Eunice' Richards for typewriting done for Committee on Pre- amble and Declaration of Rights, in the sum of |7.50. We find that said State is indebted to Marshall & Bruce Co., of Nashville, Tenn., in the sum of |48.25. We find that said State is indebted to Ed C. Fowler Co. of Montgomery, Ala., in the sum of |4.75. We find that said State is indebted to Jos. E. Long- street in the sum of -fS for services rendered to the Com- mittee on Suffrage and Elections, in making 54 copies of the report of said committee. We find that said State is indebted to Miss Georgia Connelly in the sum of |6 for stenographic work done for Committee on Suffrage and Elections. All of the above amounts are for printing done, for articles furnished State of Alabama for use of Constitu- tional Convention, and for services rendered to commit- tees of said Convention, and all of the above amounts are itemized, as shown by bills hereto attached. Total amount |282.25, and we recommend the payment of the same, all of which is respectfully submitted. John T. Heflin, Chairman Committee on Schedule, Printing and Inci- dental Expenses. Mr. Proctor, chairman of the Committee on the Journal, reported favorably the following ordinance, ^. hich was laid upon the table, and 300 copies ordered printed : Ordinance 409, by Mv. Carmichael, of Colbert: To provide for the filing and arranging of the papers- and documents pertaining to the Constitutional Con- vention by the secretary of the Convention ; also to pro- vide for the delivery hy the secretary of a correct copy 694 Journal of Alabama of the Journal of the Convention to the public printer, with a proper index thereto; also to provide for the superintendence of the printing of said Journal by the secretary; also to make appropriations for the compen- sation of said secretary for his services. Be it ordained by the people of Alabama, in Conven- tion assembled. That the Secretary of this Convention shall, within forty days after its adjournment, file, label and arrange the Journal of said Convention and all the papers and documents pertaining to said Con- tion, in the office of the Secretary of State. He shall also copy and deliver to the public printer the Journal of said Convention, with a proper index thereto within said fortj^ days. He shall also superintendent the print- ing, and read and correct the proof of said Journal. Be it further resolved, that for the services herein required of said Secretary he shall receive the sum of $500, and upon the production by the said Secretar}- of the receipt of the Secretary of State for such papers. Journal and documents so required to be filed anrl libeled, together with the receipt of the public printer for a copy of the Journal of the Convention, the State Auditor shall draw his warrant upon the State Treasury for said amount herein provided, and the said warrant shall be paid by the State Treasurer. Be it further resolved, That there is hereby appro- priated out of any money in the State Treasury not otherwise apju-opriated the sum of |500 for the com- pensation of the said Secretary for the said services herein required of him. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished l)usiness, which was the report of the Committee on Local Legislation. The question was upon subdivisiou 32 of the supple- mentary report of the Committee on Legislative Depart- ment to the report of the Committee on Local Legisla- tion. COXSTITUTIONAL CONVENTION. 695 Siibdivisioii 32 was read at length as follows, and adopted : Thirty-second — Kemitting fines, penalties or forfeit- ures. Subdivision 33 was read at length as follows : Thirty-third — Providing for the conduct of elections, or designating ^jlaces of voting, or changing the boun- daries of wards, precincts, or districts, except on the or- ganization of new counties. Mr. Thompson offered the following amendment to subdivision 33 : Amend subdivision 33 by striking out the word "pro- viding for the conduct of electors or" in the first line. The amendment of Mr. Thompson w^as lost. Mr. Parker, of Cullman, offered the following amend- ment to subdivision 33, which was adopted : Amend subdivision 33 by adding to the same the words "and changing the lines of old counties." On motion of Mr. Gates subdivision 33, as amended, was adopted. EEOONSIDERATION. Mr. Cobb moved to reconsder the vote by which sub- division 33 was adopted. The motion of Mr. Cobb, under the rules, goes over until to-morrow. Subdivision 34 was read at length as follows: Thirty-fourth — Restoring the right to vote to persons convicted of infamous crimes or involving moral turpi- tude. . Mr. Watts offered the following amendment to sub- division 34, which was adopted. Amend subdivision 34 by inserting "crimes" between '^'or" and "involving." Subdivision 34, as amended, was adopted. Subdivision 35 was read at length as follows : Thirty-fifth^Refunding money legally paid into the State Treasury. Subdivision 35 was, on motion of Mr. Yaughan, laid upon tlie talile. 696 Journal of Alabama ■Mr. Blackwell oti'ered the following aniemlment tot constitute a new subdivision to Section 1 : Amend Section 1 of report of Committee on Local Legislation, after line 14, subdivision 35: ''Declaring who shall be liners Ix^tween counties." On motion of Mr. Eyster the amendment was adopted. Mr. Davis, of Etowah, offered the following amend- ment, to constitute a new subdivision of Section 1 : Amend Section 1 by adding after subdivision 3C : "Thirty-seventh — Kegulatiug the catching or hunting of game." On motion of Mr. deGraffenried, the amendment was laid upon the table. On motion of Mr. O'Neal, of Lauderdale, the latter part of subdivision 26, which will constitute the latter paragraph of Section 1, which was temporarily passed this morning, was taken up and read at length as fol- lows : No special, private or local law, except a law fixing the time of holding courts, shall be enacted in any case^ which is provided for by general law, or wlieu the relief sought can be given by any court of this State, and the courts and not the General Assembly shall judge as to whether the matter of said law is provided for by a gen- eral law and as to whether the relief sought can be given hj any court ; nor shall the General Assembly indirectly enact any such special, private or local law by the par- tial repeal of a general law. The General Assembly shall pass general laws for the cases enumerated in this section. Mr. Pettus offered the following amendment, 'which: reads as follows : Amend article on Local Legislation by striking from the proposed ordinance the word "and the courts and not the General Assembly shall judge as to whether the matter of said law is proAnded for by a general law, and as to whether the relief sought can be given by any court," in lines 35, 30 and 37 of subdivision 26 of Sec- tion 1, T>age 5, of the proposed article. ]Mr. Gates offered the following amendment to the amendment offered t)v Mr. Pettus r Constitutional Convention. 697 Amend subdiAnsion 26 of Section 1 by striking out all that portion of said subdivision after the word ''State" in line 35, down to and including the word "court'' in line 37, and insert in lieu thereof the following: Sec. — There shall be appointed in each House of the Legislature a standing committee on Local and Pri- vate Legislation; the House committee to consist of nine Representatives; and the Senate committee of five Senators. No local or private bill shall be passed by either House until it shall have been referred to such committee thereof, and shall have been reported back with recommendation in writing that it do pass, stating the reasons therefor, and why the end to be accomplished could not be reached by a general law, or by proceed- ing in court, or if the recommendation of the committees be that the bill do not pass, then it shall not pass the House to which it is so reported, unless it be voted for by a majority of all the members ele<"ted thereto. The amendment of Mr. Gates was lost. The (Question recurred upon the adoption of the adoption of the amendment b}^ Mr. Pettus. The amendment of Mr. Pettus Avas lost. Mr. Watts moved to adopt the latter part of the sub- divisicm 26, which will constitute the latter paragraph of Section 1. The motion prevailed and the latter part of subdivi-' sion 26, which constitutes the latter part of Section 1, was adopted. reconsideration. Mr. Malone gave notice that on to-morrow he would move to reconsider the vote by which the latter part of subdivision 26 was adopted. section two. Sec. 2. No special, private or local law shall be passed on any subject not enumerated in Section 1 of this article, except in reference to fixing the time of holding courts, unless notice of the intention to apply 698 Journal of Alabama therefor shall have been published, without cost to the State, in the county or counties where the matter or thing- to be affected may be situated, which notice shall state the substance of the proposed law, and be published at least once a week for four consecutive weeks in some newspaper, or if there is no newspaper published in the county, by posting the said notice for four consecutive week as five different public places in the county or counties, prior to the introduction to the bill; and the evidence that said notice has been given shall be ex- hibited to each House of the (leneral Assembly, and the fact of said notice spread upon the Journal, The courts shall pronounce void every local law whith the Journals do not affirmatively show was passed in accordance with the provisions of this Section. Was read at length. Mr. Samford moved the adoption of Section 2. The motion prevailed, and Section 2 was adopted. SECTION THREE. Sec. 3. The General Assembly may repeal any spe- cial, private or local law upon notice being given and shown, as provided in the last preceding section. Was read at length. Mr. Sanders offered the following amendment to Sec- tion 3: Amend Section 3 by adding after the word "repeal,'' in the first line thereof the following words: "Or modify by a special, private or local law." The amendment was adopted, and Section 3, as amended, was adopted. SECTION FOUR. Sec. 4. The operation of no general law shall be sus- X>ended for the benefit of any individual, corporation, association, town, city, county or township, nor shall any individual, corporation, association, town, city, county or township be exeuipted from the operation of any ceneral law. Constitutional Convention. 699 Was read at length.- Mr. Sanders offered the following amendment to Sec- tion 4 : Amend Section 4 by adding thereto the following words : Provided, that nothing in this section or arti- cle shall affect the right of the Legislatnre to enact local laws regulating or prohibiting the liquor traffic. ADJOURNMENT. Pending the further consideration of the report of the Committee on Local liegislatiou, the hour of 6 o'clock p. m. having arrived, under the rules, the Convention adjourned until to-morrow morning at 9 :30. FORTY-SECOND DAY. CONVENTION Hall. Montgomery, Ala., Thursday, July 11, 1901. The Convention met pursuant to adjournment. Prayer was offered by Rev. Mr. Dix of the city. ROLL call. On a call of the roll of the Convention the following delegates answered to their names, which constituted a fjuorum : Messrs. President, Blackwell, Almon, Boone, Ashcraft, Brooks, Banks, Browne, Barefield, Bulger, Bartlett. Burnett, Beavers, Burns, Beddow, Byars, Bethune, Cardon, 700 Journal of Alabama Carmichael (Colbert), Carmichael (Coffee), Carnathon, (^ase, Cobb, Cofer, Coleman ( Walker ) , Cornwell, Craig, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, deGraffenried, Duke, Eley, Eyster, Espy, Ferguson, Pitts, Fletcher, Foshee, Foster, Freeman, Gil more. Glover, Graham (Montgomery), Graham (Talladega), Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hodges, Hood, Howell, Howze, Inge, Jackson, Jones (Bibb), Jones (Hale), Jones (Montgomery),. Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Ledbetter, Leigh, Long (Butler), Ijong (Walker), Lowe (Jefferson), Lowe (Lawrence), Macdonald, McMillan (Baldwin),. McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Murphree, NeSmith, Norman, Norwood, Oates, O'Neal (Lauderdalcf),. O'Neill (Jefferson), Opp, Constitutional Convention. 701 Palmer, Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Pitts, Porter, Proctor, Kenfroe, Reynolds (Chilton), Robinson, Rogers (Lowndes), Rogers (Sumter), Samford, Sanders, ^anford, Searcy, Selheimer, Sentell, Sloan, Smith (Mobile), Smith, Mac. A. Smith, Morgan M., Sorrell, Spears, Spragins, Stewart, Tayloe, Thompson, Vaughan, Waddell, Walker, Watts, \A^eakley, Weatherly, White, Whiteside, Williams (Barbour), Williams (Marengo), Williams (Elmore), Wilson (Clarke), Wilson (Washington), Winn— 138. LEAVE OF ABSENCE Was granted to Messrs. Sollie for to-day, and Opp for Tuesday and Wednesday last ; to Mr. Spears indefinitely. REPORT OF THE COMMITTEE ON JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report : The Committee on the Journal beg leave to report that they have examined the Journal for the forty-first day of the Convention, and found the same to be correct. Respectfully submitted, John F. Proctor. Chairman. The report was concurred in. 702 Journal of Alabama reconsideration. Mr. Maloue moved to reconsider the vote by which the hitter part of subdivision 20, which constitutes the latter part of Section 1, was on yesterday adopted. QTESTION OF PERSONAL PRIVILEGE. Mr. O'Neal, of Lauderdale, ai-ose to a question of per- sonal privilege and proceeded to state his question of privilege as follows : I rise to a question of personal privilege. In my open- ing remarks I expressly disclaimed any purpose to im- pugn the motives of any delegate in this Convention. I expressly and emphatically stated that I did not doubt that every member of this body was actuated by the highest, most patriotic and most conscientious motives. Notwithstanding that statement, the distinguished gen- tleman from Mobile has seen fit to make a personal as- sault upon myself, and to state to this Convention that I am essaying the role of a prophet, that I am seeking to dictate what action they shall take in this matter. I protest that there is nothing in what I said which would warrant any such construction. I do not think this is a proper forum to bandy epithets with any gentleman, but if the gentleman from ^Mobile meant to intimate that my motives were not as conscientious and that my purposes were not as high as his were or any other dele- gate's he states what he knows is without foundation in facts and what -was not warranted by anything in this discussion. He has attempted to make me the subject of ridicule and to say that I am proposing to lay down the law to this Convention, and force them to adopt a provision against their judgment. I think that remark was unwarranted. I was sim- ply undertaking to do my duty as my conscience dictated, and according to the lights before me. I was simply defending the report of my com- mittee, on grounds which I believed to be just and merit- orious. I expressly disclaim any intention to impugn the motives of any gentleman, and yet that declaration did not seem to satisfy the gentleman, and he has gone Constitutional Convention. 70S out of his way to make an assault upon me, which I think is absolutely as unwarranted as it is unjust, and I am surprised that a gentleuum of his high character would do it under any circumstances. 1 stated to him expressly that it was not the purpose of the committee to attack any law that now exists by which the city of Mobile used its liquor licenses for the public schools, but that they had made a combination to strike out a certain section. That is true and every gentleman knows it to be true. I did not say that he was a party to the combination, but the yote of every member from that district indicated that such a combination had been made. I saw some gentlemen going around rallying the forces from that section, wanting them to vote against the subdivision, and there was a solid vote against the provision. Mr. Williams, of Marengo, also arose to a question of privilege, and stated that the gentleman, Mr. O'Neal, of Lauderdale, was in error when he assertd that all of the members of the Constitutional Convention from the First Congressional district voted to strike out Section 14. Mr. Williams did not vote to strike out Section 14. The question recurred upon the motion of Mr. Malone to reconsider the vote by which the latter part of Sec- tion 1 was adopted. The motion prevailed: Yeas, 83; nays, 51. YEAS. Messrs. Ashcraft, Cunningham, Banks, Dent, Barefield, deGraffenried, Bethune, Duke, Blackwell, Eley, Boone, Evster, Brooks, Fitts, Bulger, Foshee, Burns, Foster, Carmichael (Colbert), Freeman, Carmichael (Coffee), (rilmore, Cobb, Graham (Montgomery) _ 704 Journal of Alabama Grant, Grayson, Greer (Perry), Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hodges, Howell, Inge, Jaeksoa, Jones (Bibb), Jones (Hale), Jones (Wilcox), Kirk, Kirkland, Knight, Ledbetter, Long (Walker), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, Miller (Wilcox), Murphree, NeSmith, Norwood, Gates, Opp, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Pillans, Pitts, Reese, Renfro, Robinson, Uogers (Lowndes), Rogers (Sumter), Sanford, Searcy, Sentell, Sloan, Smith (Mobile), Smith, Mac. A., Smith, Morgan M. Sorrell, Stewart, Tayloe, Thompson, Vaughan, Weatherly, Williams (Elmore), Wilson (Clarke), Winn— 83. NAYS. Messrs. President, Almon, Beddow, Burnett, Byars, Cardon, Carnathon, Case, Cofer, Coleman (Walker), Davis (DeKalb), Davis (Etowah), Espy, Ferguson, Fletcher, Glover, Constitutional Contention. 706 Graham (Talladega), Porter, Greer (Calhoun), Proctor, Haley, Reynolds (Chilton), Handley, Sanders, Hinson, Sanford, Hood, Selheimer, Howze, Spears, Jones (Montgomery), Spragins, Kyle, Waddell, Leigh, Walker, Long (Butler), Watts, Lowe (Lawrence), Weakley, Miller (Marengo), White, Moody, Whiteside, Norman, Williams (Barbour), O'Neill (Jefferson), Williams (Marengo), O'Neal (Lauderdale), Wilson (Washington) — 51, Phillips, 9! Mr, Jones, of Hale, moved to reconsider the vote by- which subdivision 23 was adopted on 3'esterday. The motion prevailed, Mr. Cobb moved to reconsider the vote by which sub- division 33 was adopted on yesterday. The motion of Mr, Cobb was lost. The regular order was demanded, which was the report of standing committees. Thereupon the call of the standing committees was ordered. The committees reported as follows : report of committee on rules, Mr, Smith, acting chairman of the Committee on Kules, reported the following resolution favorably: Resolution 237, by Mr, deOraffenried : Resolved, That after the present week this Conven- tion shall dispense with all clerks of committees, except the clerk of the Committee on Rules and a clerk for the Committee on the Order, Harmony and Consistency of the Whole Constitution, 45 706 Journal of Alabama Eesolved further, that the clerks of tlie Committee ore,, Rules and of the Order, Harmon}- and Cousigitency of. the Whole ('oustitution shall serve the chairman of the other committees when their services are required. Mr. Proctor olf ered the following amendment : Amend resolution hy inserting after the words Order^ Harmony and Consistency of the Whole Constitution, in the first section, the words "and clerk of the Com- mittee on Journal." Mr. Howell ottered the following substitute for reso- lution 237 and the amendment : Whereas, The session of this Convention is being pro- tracted much longer than was anticipated, and the ex- penses of the same are already beyond what was ex- pected; be it Resolved, That a special committee of five be ap- pointed by the President to investigate and rei>ort at the earliest practicable day the advisability of reducing .the number of employees of the Convention, and cutting- down the expenses of the same. Mr,' deGraffenried moved to table the substitute. The motion was lost: Yeas, 37; nays, 91. YEAS. Messrs. Almon, Barefield, Bethune, Brooks, Bulger, Carmichael (Colbert), Carmichael (Coffee), Carnathon, Cofer, Coleman ( Walker) ^ Craig, Cunningham, deCraffenried, Eyster, Glover, Inge, Jones (Bibb), Jones (Hale), Kirk, Leigh, Long (Butler), Lowe (Jefferson), Lowe (Lawrence), Macdonald, Parker ( Cullman ) , Proctor, Reynolds (Chilton), Reynolds (Henry), Smith (Mobile), Spragins, Stewart, Studdard, Constitutional Coxvej^tion. .7.0? Tayloe, Waddell, Weatherly, Williams (Barbour), Wilson ( Washington ) — 37. NAYS. Messrs. President, Ashcraft, Banks, Beddow, Blackwell, Boone, Burnett, Burns, Byars, Cardon, Case, Cobb, Davis (Etowah), Dent, Duke, Eley, Espy, Fergi son, Fitts, Fletcher, Foshee, Foster, Freeman, Gilmore, Graham (Montgomery), Graham (Talladega). Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hinson, Hodges, Hood, Howell, Howze, Jacksoii. Jones (Hale), Jones (Montgomery), Jones (Wilcox), Kirkland, Kyle, Ledbetter, Long (Walker), McMillan ( BaldAvin ) , McMillan (Wilcox), Malone, Martin, ^laxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Murphree, NeSmith, Norman, Norwood, Gates, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, Parker (Elmore), Pearce, Pettus, Phillips, 708 Journal of Alabama Pillans, Thompson, Porter, Vaughan, Sanders, Walker, Sanford, Watts, Searcy, Weakley, Selheimer, White, Sloan, Whiteside, Smith, Mac. A., Williams (Marengo), Smith, Morgan M., Wilson (Clarke). Sorrell, Winn— 91. Spears, Mr. Heflin, of Chambers, moved to recommit the resolution, amendments thereto, and substitute, to the Committee on Eules. The motion was lost. Mr. Howell moved the adoption of the substitute, which motion prevailed, and the substitute was adopted. COMMITTEE ON IMPEACHMENTS. Mr. Hood, chairman of the Committee on Impeach- ments, submitted the following report, which was read at length, and laid upon the table, and 300 copies ordered printed : REPORT OF THE COMMITTEE ON IMPEACHMENTS. Mr. President : The Committee on Impeachments instructs me to re- port the ordinance hereto appended, to take the place of Article VII of the present Constitution : The material changes are as follows : Section 1. The words "Lieutenant Governor," "Com- missioner of Agriculture and Industries" are inserted; "habitual drunkenness" is omitted, and . the following inserted in lieu thereof: "Or intemperance in the use of intoxicating liquors or narcotics to such an extent, in view of the dignity of the office and importance of its duties, as unfits the officer for the discharge of such duties." Constitutional Convention. 709 Section 2. The word "sheriffs" is inserted. Section 3. The word "sheriffs" is omitted; "County Superintendents of Education" and " County Solicit- ors" inserted. The impeachment of all officers of incor- porated cities and towns is provided for. Section 4. This is identical with Section 4 of the article in the present Constitution. In this connection, the committee reports favorably ordinance No. 404, of- fered hj Mr. Coleman, of Walker, providing for the amendment of that part of Section 28, Article V adopted by this Convention, which is as follows : "And the Governor, when satisfied after hearing the Sheriff, that he should be impeached, may suspend him from office until the impeachment proceedings are de- cided." But two other ordinances have been referred to this committee, which have been duly considered, and the principles contained in the same incorporated in the article, hence they are herewith returned to the Con- vention. O. K. HooD^ Chair man. Mr. President: The undersigned, members of the Committee on Im- peachments, do not concur in the report of the majority as to Sections 1, 2 and 3, and in lieu thereof Ave recom- mend the following: Section 1. The Governor, Lieutenant Governor, Sec- retary of State, Treasurer, Auditor, Attorney General, Superintendent of Education, Commissioner of Agricul- ture and Industries, and Judges of the Supreme Court, may be removed from office for wilful neglect of duty, corruption in office, habitual drunkenness, incompe- tency, or any offense involving moral turpitude while in office, or committed under color thereof, or connected therewith, by the Senate, sitting as a court for that pur- pose, under oath or affirmation, on articles or charges preferred by the House of KeDresentatives. Sec. 2. The Chancellors, Judges of the Circuit Courts, Judges of Probate Courts. Solicitors, and Judges of the inferior courts, from which an nppe^l may be t^ken di- "^10 JouKNAL OF Alabama rectly to the Supreme Court, may be removed from office for iany of the causes specified in the preceding Section, by the Supreme Court, under such regulations as may be prescribed by law. Sec. 3. The Sheriffs, clerks of the Circuit or other courts of like jurisdiction, of Criminal Courts, Tax Col- lectors, Tax Assessors, County Treasurers, County Su- perintendeuts of Education, County Solicitors, Coro- ners, Justices of the Peace, Notaries Public, Constables, and all other county officers; Mayors, intendants of in- corporated cities and towns in this State, may be re- moved from office for any of the causes specified in Sec- tion 1 of this article, by the Circuit or other courts of like jurisdiction, or Criminal Courts of the county in which said officers hold their offices, uiider such regula- tions as may be prescribed by law; provided, that the right of trial by jury and appeal in such cases be se- cured. We are aware that the change, as made by the ma- jority in section 1, was done to try to remedy the defect as shown by the opinion of the Supreme Court in the Eobinson case. We are unable to see how the change remedies the difficulty, and therefore recommend the adoption of the section as found in the Constitution of 1875, with the addition of Lieutenant-Governor and Commissioner of Agriculture and Industries. As to Sections 2 and 3, the minority dissent from the action of the majority in transposing the word "Sher- iffs" from Section 3 to Section 2, and the section, as recommended by the minority, is the same as in your Constitution. The effect of tbe adoption of the majority report will l>e to take the impeachment of the Sheriffs out of the hands of the local community which elected them, and place it in the Supreme Court, and, it will be observed, that this is not limited to cases arisino," from negligence in allowing a prisoner to be lynched, but for any cause whatever, which we insist is not demanded by anv con- dition that has ever existed in our State or which is at COXSTITUTIOXAL C(>NVENTION. 711 all likely to ever occur, and therefore we submit that the provisions of the Constitution of 1875 should not be changed. ^ • • ; i J. F. Thompson. JV J. Robinson, C. L. Haley; Mac. a. Smith, T. L. Long. AN ORDINANCE. Be it ordained by the people of Alabama, in Conven- tion assembled, that Article VII of the Constitution be stricken out, and the following article inserted in lieu thereof : ARTICLE — IMPEACHMENTS. Section 1. The Governor, Lieutenant Governor, Sec- retary of State, Auditor, Treasurer, Attorney General, Superintendent of Education, Commissioner of Agri- culture and Industries, and Judges of the Supreme Court, may be removed from office for wilful neglect of duty, corruption in oftice, incompetency, or intemper- ance in the use of intoxicating liquors or narcotics to such an extent, in view of the dignrty of the office and importance of its duties, as unfits the officers for the discharge of such duties, or for any offense involving moral turpitude while in office, or committed under color thereof or connected therewith, by the Senate, sit- ting as a court for that purpose, under oath or affirma- tion, on articles or charges preferred by the House of Representatives. Sec. 2. The Cliancellors, Judges of the Circuit Court, Judges of Probate, Sheriffs, Solicitors of the Circuits, and Judges of the inferior courts, from which an appeal may be taken directly to the Supreme Court, m,ay be removed from office for any of the causes specified in the preceding section, by the Supreme Court, under such Tegulations as may be prescribed by law. 712 Journal of Alabama Bee. 3. The Clerks of the Circuit or courts of like jurisdiction, of Criminal Courts, Tax Collectors, Tax. Assessors, County Treasurers, County Superintendents of Edueation, County Solicitors, Coroners, Justices of the Peace, Notaries Public, Constables and all other county officers. Mayors, intendants and all other officers of incorporated cities and towns in this State, may be removed from office for any of the causes specified in Section 1 of this Article, by the Circuit or other courts of like jurisdiction, or Criminal Court of the county in which such officers hold their office, under such regula- tions as may be prescribed by law; provided, that the right of trial by jury and appeal in such cases be se- cured. Sec. 4. The penalties in cases arising under the three preceding sections shall not extend beyond removal from office, and disqualifications from holding office, under the authority of this State, for the term for which he was elected or appointed, but the accused shall be liable to indictment and punishment as prescribed by law. Mr. Hood, chairman of the Committee on Impeach- ments, also reported favorabh- the following ordinance, Avhich was read at length a second time and laid upon the table, and 300 copies were ordered printed. Ordinance 404, by Mr. Coleman, of AYalker : Wliereas, Ample provision is made by law for the im- peachment of officers, and Whereas, It is contrary to the policy of this govern- ment that any part of the powers of one dei>artment should be exercised by an officer of another department, and Whereas, It is contrary to the spirit of our institu- tions that any person should be punished before trial; Now, Therefore be it ordained by the people of Ala- bama, in Convention asembled. That the following part of Section 28 of Article V, adopted by this Conven- tion be and the same is hereby annulled, to-Avit : "And the Governor, when satisfied after hearing the Sheriff, that he should be impeached, may 8usi>end him from office until the impeachment proceedings are decided." CONjSTITUTIONAL CONVENTION. 71$ RESOLUTIONS ON FIRST READING. The following resolutions were offered, severally read one time at length, and referred to appropriate com- mittees, as follows : Resolution 238, by Mr. Gofer : Be it resolved. That from and after the present week the services of five of the pages of this Convention be dispensed with, and that the President be directed to discharge five of the pages now in attendance upon this Convention in order to save unnecessary ex|)ense8. The resolution was referred to a special committee. Eesolution 239, by Mr. Long, of Walker : Whereas, There is too much expense attached to the running of the Convention ; therefore be it Resolved, That a committee of five be raised to say who are orators and who are not orators, and to allot to the orators a time during which each day they and one- half of the stenographers maj^ repair to the Senate cham- ber, and there let the orators deliver themselves of their eloquence, and that the Convention proceed to work during such time. The resolution was referred to a special committee. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, Avhicli was the report of the Committee on Local Legislation. The question recurred upon the motion of Mr. Jones, of Hale, to reconsider the vote by which subdivivsion 23 Tvas adopted. The motion prevailed, and subdivision 23 was recon- sidered, which reads as follows: Twenty-three.— Regulating the jurisdiction and fees of Justices of the Peace or the fees of Constables. Mr. Jones, of Hale, offered the following substitute to subdiAision 23, which was adopted : Increasing the jurisdiction and fees of the Justices of the Peace, or the fees of Constables. Sudbivision 23, as amended, was adopted., f 14 Journal of Alabama The question reeuireil iipon the consideration of the latter part of Section 1, which was reconsidered by the motion of Mr. Malone. ■ Mr. Sanders offered the following- amendment to the subdivision : Amend subdivision 26 by adding thereto the follow- ing words : Provided that nothing in this section or article shall etf ect the right of the Legislature to enact local laws regulating or prohibiting the liquor traffic ; provided that notice is given as required in Section 2 of this article. Mr. Wilson, of Clarke, offered the following amend- ment to the amendment offered by Mr. Sanders : Amend by striking out the words''and the courts and not the General Assembly shall judge as to whether the matter of said law is provided for by a general law and as to whether the relief sought can be given by any court. Mr. Dent moved to table the subdivision and pending amendments. RECESS. Pending the further consideration of the report of the Committee on Local Legislation, the hour of 1 o'clock p. m. having arrived, under the rules, the Convention adjourned until 3 :30 this afternoon. AFTERNOON SESSION. The Convention met pursuant to adjournment. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : Messrs. President, Rnrtlett, Alraon, IJenvers, Ashcraft, Reddow, Banks, Rethune, Constitutional Convention. 715 Blackwell, Boone, Brooks, Browne, Bulger, Burns, Byars, Cardon, Carmicliael (Colbert). Carnatbon, Case, Cobb,. Cofer, Craig, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, deGraffenried, Duke, Eley, Eyster, Ferguson, Fitts, Fletclier, Foshec. Freeman, (rilmore, Glover, Graham ( INfontgomery ) , Graham (Talladega), Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Randolph), Henderson, Hinson, llodges. Mood, Fcwell, Howze, luge, Jackson, Jenkins, Jones (Bibb), Jones (Hale), Jones ( ^Montgomery ) , Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Ledbetter, Leigh, Long (Butler), Long (Walker), Lowe ( Jefferson), Lowe (Lawrence), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Ma lone, Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Murphree, NeSmith, Norman, Norwood, Gates, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, Palmer, Parker (Cullman), 716 Journal of Alabama Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Pitts, Porter, Proctor, Renfro, Reynolds (Henry), Robinson, Rogers (Lowndes), Rogers (Sumter), Samford, Sanders, Sanford, Searcy, Selheimer, Sentell, Sloan, Smith (Mobile), Smith, Mac. A. Smith, Morgan M., Sorrell, Spears, Spragins, Stewart, Tayloe, Thompson, Vaughan, Waddell, Walker, Watts, Weakley, White, Whiteside, Williams (Barbour), Williams ( Marengo) , Williams (Elmore), Wilson ( Washington) , Winn— 132. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was the report of the Committee on Local Legislation. The question was upon the motion of Mr. Dent to table the latter part of Section 1 and the pending amendments thereto. By unanimous consent the motion was withdrawn. Mr. Harrison moved to table the amendments, and the latter part of Section 1. Division of the question was demanded. The question recurred upon the motion to table the amendment offered by Mr. Wilson, of Clarke. The motion prevailed, and the amendment was lost. Mr. Harrison moved to table the amendment offered by Mr. Sanders. The motion was lost. Mr. Harrison moved to table the latter part of Sec- tion 1. Constitutional Convention. 717 Tlie motion was lost. The question then recurred upon the adoption of the amendment to the latter part of Section 1. Mr. O'Neal, of Lauderdale, moved to adopt the amendment offered by Mr. Sanders. The motion prevailed, and the amentlment was adopted. Mr. Robinson offered the following amendment : Amend by striking out after the word "State," in the thirty-fifth line, down to and including the word "court'' in thirty-seventh line, and insert: "Unless every such special, private or local law shall contain recital that notice has been given as provided by Section 2 of this article, and that the matter of such special, private or local law cannot be provided for by general law, and that the relief sought therein cannot be given by any court." The amendment was lost. Mr. Reese offered the following amendment to the lat- ter part of Section 1, which was read at length : Amend last f>aragraph of Section 1 by striking out the word "fixing" in line thirty-three, and inserting in lieu therefor: "Regulating the creation, practice or." The amendment was adopted. Mr. O'Neal, of Lauderdale, moved that the latter part of Section 1, as amended, be adopted. The nuTtion prevailed, and the latter part of Section 1 was adopted. Mr. O'Neal, of Lauderdale, moved that Section 1, as amended, be adopted. The motion prevailed, and Section 1 was adopted. RECONSIDERATION. Mr. deGraffenried gave notice that on to-morrow he would move to reconsider the vote by which the latter part of Section 1 was adopted, SECTION FOUR. Sec. 4. The operation of no general law shall be sus- pended for the benefit of any individual, corporation, 718 Journal of Alabama associatiou, towu, city, coimtj or townsliip, nor shall au}^ individual, corporation, association, town, city, county or township be exempted from the operation of any general law. Was read at length. The question was upon the pending amendment of- fered by Mr. Sanders to Section 4. The amendment was read at length as follows : Provided, Tlrat nothing in this section shall atfect the right of the Legislature to enact local laws regulating or prohibiting the liquor traffic. Mr. Ashcraft ottered the following amendment to the amendment offered by Mr. Sanders : Amend by adding : "Except as in this article otlier- Avise provided."' The amendment to the amendment was adopted. Mr. Watts moved to table the amendment offered by ^Ir. Sanders. Tl)e motion was lost. The question recurred upon the amendment as amended. The amendment was adopted. ^Ir. Dent ottered the following amendment to Sec- tion 4 : Amend Section 4 of the Article on Local Legislation as foHows: Strike out the following words: "Town, city, county or township as these words appear in lines two and three, and also to add the word "private" before the word "corporation'' in the same line; and also to further add th(^ word "or" before the word "association" in tlie same lines. Mr. \\'addell moved to table tlie amendment oif(n'ed b}' Mr. Dent. The motion was lost. The question recurred on the adoption of the auumd- ment ottered by ■Mr. Dent. The amendment was adopted. ]Mr. Sanders offered the following Isubstitute for Sec- tion 4 and pending amendments: Sec. 4. No bill introduced as a general law into either House of the General Assemblv shall be so Constitutional Convention. 71^ ameuded as to except from its operation any individual, association, corporation, mnnicipality, county or town- ship, and no s and districts; but leaves the apportionment to the sev- eral counties acording to the number of school children therein. The latter plan is not a change. Sections 2 and 3 remain unchanged. Section 4 presents a change in detail but not in ef- fect. It provides that all poll taxes shall be applied to the public schools in the counties where levied and collected, but leaves the regulation thereof as to amount and those subject to such tax to the Articles on Taxation and SuiTrage. Section 5 presents apparently the greatest change, yet in fact is largely a change in method only. The object of the Committee was and is merely to guarantee as nearly as jwssible the present State school fund as the minimum Constitutional fund. The Sixteenth Section, interest and surplus revenue funds are trust funds and must remain unchanged: Constitutional Convention. 725 hence the first part of the old Sectiou 5 remains un- changed. The present State appropriation proper is |550,000,, and to this is added the special 1 mill tax, which for the- year 1900 has yielded to this date |256,117.50, as shown: by the Auditor- s books; and a reliable estimate from this office shows that, notwitlistanding the total assess- ment of 1266,893,288 for the year 1900, the 1 mill tax Avill not exceed |257,000. This heiug true, the total fund available for the scholastic year ending next Sep- tember, exclusive of poll tax and trust fund interest^ Avill be 1550,000 plus the 1 mill tax, |257,000, or |807,- 000. In lieu of this annual appropriation and 1 mill tax^ the committee has substituted an annual 3 mill tax, or 30 cents on each .flOO. A 3 mill tax on the assessed valuation of last year would yield .|771,000 as an annual fund, which would be .|36,0()0 less than the fund for the present year. If the State should prosper and the assess- ment for 1901 should reach |280,000,000, a 3 mill tax would yield |806,400 as a school fund, because only about 96 per cent, of the total is collected. It will, therefore, be readily observed that the 3 mill plan would approximately furnish the same revenue year in and year out, that we now have from the general appropria- tion, and the 1 mill tax. The superior merit of this plan is that it fixes the school fund permanently, and does not leave it to the (lenin'al Assembly as a matter of conteuti(tn at every session. It is a sliding scale. If the State prospers and assessnumts increase, the schocds get a larger fund. If values decrease then the schools share, as they should, the adverse conditions. The ]U"esent system of general biennial appro})riations,. suj^plemented by the 1 mill special tax, gives rise tO" endless trouble in book-keeping and estimates of the- fund, and to efforts t-nd alarm upon the part of true- friends of education lest the .-ipproifri'ition may be de- creased and the scliool term slioi'tened. Tbe Auditor, in his report for 1899. recommends that the plan of this committee be adopted, though at a dif- ferent rate. 726 JoLKXAL OF Alabama Section G remains imclianged. Section 7 remains imclianged except that the term of office and mode of election are left out for the reason that the Executive Article has alread}^ proWded for these things. Sections 8 and 9 remain unchanged. Section 10 remains unchanged except that the institu- tions for the deaf and blind at Talladega and the Ala- bama Girls' Industrial School at Montevallo are State educational institutions that should properly be in- cluded therein, and it is so done. Section 11 is a new section which provides for taking a ischool census not ofteuer than once in two years, and throwing proper safeguards around the same. This it seems A\'Ould readily command the appreciation and approval of the Convention. Section 12. This is a new section which is a modifica- tion of an amendment ottered to the Article on Taxation by the chairman of that committee. It provides for a 1 mill local tax, with the county as a unit, to be voted in the respective counties l)y (iO per cent, of the qualified electors voting at such election. This provision has been favorably reported because of its merits and in view of the reduction of the State limit of taxation to 65 cents. Under it the State and county rate combined can never exceed |1.25 per .f 100, and it is local self government in behalf of better schools. Section 13 is Section 11 of the present Constitution, and is incorporated herein without change. There are some minority views which will either be attached to this report, or expressed upon the floor of the Convention at the proper time, the gentlemen in the minority having reserved this ])rivilege. All ordinances and resolutions are herewith returned, the same having had careful consideration by the com- mittee. Tliey arc of the opinion that any further mat- ters than those reiioited in this article should be left to tlie Ceneral AsstMubly. Jos. B. CiUAiiA?*!, ChdiniKiii. Constitutional Convkntion. 727 AKTICLE — . EDLX'ATION. Section 1. The General Assembly shall establish, or- ganize and maintain a liberal system of public schools thi'oiighout the State for the benefit of the children thereof between the ages of 7 and 21 years. The public school fund shall be apportioned to the several counties in proportion to the number of school children of school age therein, and shall be so apportioned to tjhe schools in the districts or townships in the c(junty as to pro- vide, as nearly as practicable, school terms of equal duration in such school districts or townships. Separ- ate schools shall be provided for white and colored children and no, child of either race shall be permitted to attend a school of the other race. 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 entrusted to this State or given by the United States for education- al purposes, shall be preserved inviolate and undimin- ished ; and the income arising tlnn-efrom sliall be faith- fully applied to the sj^ecific object of the original grants or appropriations. Section 3. All lands or other property given by indi- viduals, 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 ap- plied to the maintenance of the public schools. Sec. 4. All poll taxes levied and collected in this State shall be applied to the support of the public schools in the respective counties where levied and col- lected. Sec. 5. The income arising from the Sixteenth Sec- tion trust fund, the surplus revenue fund, until it is <"a]led for by the United States government, and the funds enumerated in Sections 3 and 4 of this Article, together with the special annual tax of 30 cents on each flOO dollai*s of taxable property in this State shall be applied to the support and maintenance of the public 728 Journal of Alabama schools and it shall be the duty of the General Assem- bly to increase, from time to time, the public school fund as the necessity therefor and the condition of the treasury and the resources of the State may justify. Provided, that nothing herein contained shall be so con- strued as to authorize the (leneral Assembly to levy in any one year a greater rate of taxation than 65 cents on each |100 worth of taxable property. Sec. 6. Not more than 4 per cent, of all moneys raised or which may hereafter be appropriated for the support of public schools, shall be used or expended otherwise than for the payment of teachers employed in such schools; provided, tlMt tlie (ireneral Assembly may, by a vote of two-thirds of each House, suspend the opera- tion of this section. Sec. 7. The supervision of the public schools shall be vested in a Superintendent of Education, whose powers, duties and compensation shall be fixed by law. Sec. 8. No money raised for the support of the public schools of the State shall be appropriated to or used for the supjmrt of any sectarian or denominational school. Sec, 1). Tlie State University and the Agricultural and Mechanical College (now called the Alabama Pol^-- technic Institute, 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 Con- gressional district in which the University is located, and one from each of the other Congressional districts in the State. The Board for the Agricultural and Me- chanieal Colleg(^ shall consist of two members from the Congressional district in which tlie college is located and one from each of the other Congressional districts in the State, said Trustees shall be a])])ointed by the Governor by and with the advice and consent of the Senate, and shall hold office for a term of six years and until their successors shall be appointed and (pialified. After the first ai)i)ointment each Board shall be divided into three classes, as nearly equal as nuiy be. The seats of the first class shall be vacated at the expiration of two years, and those of the second class in four yeai*s, and those of the third class at the end of six vears from Constitutional Convention. 729^ the date of appointment, so that one-third may be chosen biennially. No Trustee shall receive any pay or emolu- ment other than his aetiral expenses ineurred in the dis- charge of his duties as such. The Governor shall be ex- officio President, and the Superintendent of Education, ex-officio mend)er of each of said Boards of Trustees. Sec. 10. The General Assembly shall have no power to change the location of the State University or the- Agricultural and ^lechanical College, or the institu- tions for deaf and blind, or the Alabama Girls' Indus- trial School, as now established by law, except upon a vote of two-thirds of the General Assembly, taken by jeR^ and nays and entered upon the Journals. Sec. 11. The General Assend)ly shall provide for tak- ing a school census by townships and districts through- out the State not oftener than once in two years, and shall provide for the punishment of all ]>ersons or offi- cers making false and fraudulent enumerations and re- turns; provided, the State Superintendent may order and supervise the taking of a new census in an}- town- ship, district, or county, whenever he may have reason- able, cause to believe that false or fraudulent returns have been made. Sec. 12. The several counties in this State shall have power to levy and collect a special tax not exceeding 10 cents on each |100 of taxable property in such counties, for the support of public schools; provided, that the rate of such tax, the time it is to continue, and the purpose thereof shall have been first submitted to a vote of the c[ualified electors of the county and voted for by three-fifths of those voting at such election; but the rate of such special tax shall not increase the rate of taxation. State and county combined, in any year, more than |1.25 on each flOO of taxa])le property; ex- cluding, however, all special county taxes for jmblic buildings, roads, bridges and payment of del)ts existing at the ratification of the Constitution of 1875 ; provided, that such funds so raised shall be so ap])ortioned and paid through the proper school officials to the several schools in the townships and districts in said county, that the school terms of the respective schools shall 730 Journal of Alabama be extended by such supplement as nearly the same length of time as practicable. The Greneral Assembly shall provide for carrying the provisions of this section into effect. Sec. 13. The provisions of this article and of .any act of the (ieneral Assembly passed in pursuance thereof to establish, organize and maintain a system of public schools throughout the State, shall apply to Mobile county oidy so far as to authorize and require the authorities designated by law to draw the portions of the funds to which said county shall be entitled for school purposes, and to make reports to the Superin- tendent of Education as may be prescribed by law. And all special incomes and powers of taxation^ as now authorized by law for the benefit of public schools in «aid county, shall remain undisturbed until otherwise provided by the General Assend)ly; provided, that separate schools for each race shall always be main- tained by said school authorities. MINOKITY REPORT OF THE COMMITTEE OX EUUCATIOX. Mr. ]*resident: Tlie undersigned, minority of your Committee on Education does not concur in that part of the report em- l)raced in Section 9, in reference to the University of Alabama. While this institution has done great service for the State under existing conditions; it is the opinion of the minority that the usefulness of the University will be <^nh'anced by pro Aiding that the Governor shall not be a member of the Board of Trustees, and that the said Board be autliorized to elect its own ]n*esiding officef. It seems in lino with a true and broad policy that the appointing power should not be a member — nor ex-officio president — of the Board appointed. No recommendation is made l>y this minority in re- gard to other State institutions for, the reason that they have expressly petitioned that no change be made in their management. CONSTITUTIUNAL COXVENTIOX. 731 Your luinoi'ity docs not think that the fact that other institutions are satisfied with the existni;' conditions .should deter tlie University from taking' a pro<>Tessive .step. The State Universit}^ is in a chvss by itself and the fact that the (lOvernoT is ex-offieio a member of the Board of Trustees of the Alabama Polytechnic Institute or of P.oards of Trustees of certain Ai>ricultural schools is no reason why he should be a mend)er of the Board of Trustees for the University. Therefore the undx^rsigned minority of your Com- mittee on Education recommends that the words ''each of said Boards of Trustees" at the end of Section 9 of the report, be stricken out, and that there shall be added in lien thereof the words: "The Board of Trustees of the Alabama Polytechnic Institute. The Superinten- dent of Education shall be ex-officio a member of the Board of Trustees of the University; and the said Board shall elect its own President.'' EuLE Pettus. John T. Ashcuaft, P. W. Hodges, John A. Rogers, D. S. Bethune. Jp:re N. Williams, Henry Opp, Minority of the Committee on Education. minority report. Mr. President : The undersi.o'ned, members of the Committee on Edu- cation, rejii-et that they are unable to agree with the ma- jority on the provisions of Section 12 of the Article on Education, and beg leave to submit a minority report proposing a substitute for said Section 12. This section as reported by the majority of the com- liiittee provides for the levy by the county of a 1 mill tax for schools. The majority claim this is local self government in l)elialf of better schools. The leading edu- cators of tliis State agree that the cause of education would l)e greatly accentuated by a wise plan of local 732 JouuxAL OF Alabama assessment for schools because of the hiral initiative and pride produced by a direct contribution by a com- munity to its schools. Local assessments contribute to the interest in the schools as well as to its funds. Edu- cators recognize the former as the more valuable con- tribution. The plan proposed b}' the committee has none of the advantages of local assessments. The minority believe that both local and race initia- tive should be encouraged. The ])lan proposed by them has these two ends in view. They are aware that some persons have urged constitutional objections against the right of each race to contribute something to its own schools independently of the other race, l)Ut they do not believe these objections are well taken. In the Cum- niings case (175 U. S., p. 528) the Supreme Court said: "While all admit that the benefits and burdens of public taxation must be shared l\v citizens without discrimina- tion against any class o!-itlon of an absolute mendicant, and will have the oj)po] tunity of showing himself worthy of the large share he receives from the general fund. He will iuive the oiqxtitnnity of cultivating self-respect and self- reliance. Rare ])ride and race fraternity will take the ]>lace of that suspicious envy wliich now manifests its;elf in the conjmission of those crimes wliich shock humanity. The primary ]»urpose of this Convention was to estab- lish a more just relation betw(M'n tlie two i-aces and the State, and so to insure domestic tranquility and ])ros- l)erity. CONSTITUTIUXAL CoXVEXTIOX. 735 Tlie diYorceiiK^iit of the white and colored srh(M>l sys- tem stands side by side in importance with the proper suffrage reguhitions. JOHX T. ASHCRAFT, EiiLE ri:TTrs, P. W. H()i)Gr:s, Hexry Opp, Snhstitnt(^ pr()])0sed by minority tor Section 12 (d* majority report of the Committee on p]dncation. 12. It shall he the duty of the County Superintend- ent of Education, or other school ofiftcer, in each county by and with the advice and consent of the Court of County Commissioners, or body of like jurisdiction, to organize the white people of the county into white school districts and the colored jieople of the county into cohered school districts, according to their respective needs and advantages, without reference to each other as to territorial boundaries; provided, no incorporated town or city maintaining a system of public schools as provided by law, shall be separated into districts with- out the consent of the'^Mayor and Board of Aldermen of such city or town. For the i)urpose of building, enlarging, improving or furnishing school houses in any district or for the pur- pose of supplementing the general school fund received from . ]'>deral, State, county, municipal and other sources, the Court of County Commissioners or body of like jurisdicti(ui shall, as hereafter provided, levy a special assessment of not more than one-fourth of 1 per centum in any one year upon the property of a white person situated in a white district, or upon the property of colored persons situated in a colored district ; pro- Aided, no such levy shall be made except upon the request of three-iifths of the voters voting at an election held for that ])urpose and residing in the district. At such elec- tion in a white school district only qualified white elec- tors shall be permitted to vote, and in colored school districts only qualified colored electors shall be per- mitted to vote. It shall be the duty of the Probate Judge to order such election in any district upon the petition '7S6 JouKNAL OF Alabama of not less than one-foiirtli of the voters, ^ho will be entitled to vote at such election. The order for such election shall state the purpose for which it is proposed to make the assessment, the rate of the proposed as- sessment and the number of years during which such assessuient is proposed to be made. Notice of such elec- tion shall be given and the election held in such man- ner as may be provided by law for such special election. Ko proposition shall be made at any such election to levy such special assessment during a period of more than four years. Wlien any property belonging to a corporation is situ- ated in a white school district where a special assess- ment is to be made, as herein provided, such assessment shall be levied upon such proportion of the value of such property as the number of white children of school age in the county bears to the whole number of children of school age in the county. When such property is situ- ated in a colored school district where such assessment is made, it shall be levied upon such proportion of the value thereof as the number of colored children of school age in the county bears to the whole number of children of school age in the county. Mr. Foster, chairman of the Committee on Amending the Constitution and Miscellaneous Provisions, sub- mitted the following report, which was laid upon the table and 300 copies ordered printed : REPORT OF THE COMMITTEE OX AMEXI)IX(4 THE COXSTITU- TIOX AXD MISCELLAXEOUS PROVISIOXS. Mr. President : Your Committee on Amending the Constitution and Miscellaneous Provisions, respectfully report back ordi- nance No. 412, by Mr. ^lerrill, of Barbour, with the recommendation that it be adopted by this Convention. Respectfully submitted : J. M. Foster. Chairman. Constitutional Convention. 737 Ordinance 412, by ^Mr. Merrill: An ordiuani-e relatiui;;' to the bonded indebtedness of the State. Be- it ordained by tlie people of the State of Alabama, in Convention assembled. That an act of the General Assembly of Alabama, entitled ''An act to consolidate and adjust the bonded debt of the State of Alabama," approved February ISth, 1S95, and an act amendatory thereto, entitled ''An act to amend Section 6 of an act to consolidate and adjust the bonded debt of the State of Alabama," approved February ISth, 1895, which said last named act was approved February IGtli, 1899, be and the same are hereby made valid and both of said acts shall have the full force and etfect of law. The Gover- nor is authorized and empowered to act under tlie same and carry out all the provisions thereof. stenographic report. ^Messrs. Malone and Vaughan called the attention of the Convention to certain errors in the stenoi>,raphic re- port of the proceedings on yesterday. The report was ordered corrected. question of personal privilege. Mr, Smith, of Mobile, arose to a question of personal privilege, and proceeded to state his question of provi- lege as follows : On yesterday after the debate between the gentleman from Lauderdale and myself, the gentleman from Lauderdale rose to a question of personal privilege. Owing to the location of my seat, I was unable to hear what the gentleman was saying, and called his attention to that fact. The official report omits any note of the fact that I did call the gentleman's attention to the fact that I was not hearing what was being said. I con- cluded to wait, however, until I could get the official re- port of the debates between tlie gentleman and myself, and also his remarks upon the question of personal privi- lege. T have this morning g'one over the record in that 47 738 JouRXAL OF Alaba:ma respect, and I beg to say that the debiite of the geutle- mau from Laiidei-dale, as it appears in the record, is not substantially what I understood him to say on the lioor of the Convention on yesterday. I desire further to say that if I had understood the remarks of the ge-ntlemaa to contain only the substance of what the official report contains, there is much that was said by myself that I should have been glad to omit. I thought, however, upon reading those remarks, that probably the things criti- cised by myself, arose from the suddenness and passion, of the debate, and was not inclined to call any atten- tion to the errors in the record until reading the gentle- man's remarks under personal privilege. I find that the^^ were all based upon the proposition that there was nothing in the debate said by himself, calling for the- criticism. As the gentleman placed his statement of personal privilege upon that basis, I regret exceedingly that the stenographer should have left out the substance of the matters criticised by myself, and I feel that the omission of those remarks, followed by the remarks of the gentleman upon personal privilege, do me a great injustice. I think a true report of the remarks of the- gentleman should have been nmde to the Convention. Mr. O'Neal, of Lauderdale, also arose to a question of personal privilege, and proceeded to state his ques- tion of privilege as follow^s r Mr. O'Neal, of Lauderdale: I rise to a question of personal privilege. The report of the stenographer contains the substance, word for Avord, what I said, but there were some remarks made yesterday by the gentle- man from Mobile which I did not catch at the time, and which I am unwilling to let pass unchallenged. I think it proper that I should state, Mr. President, that I announced to the Convention on yesteMay that it had been, from the outset, the purpose of the com- mittee, Avhich T had tbe honor to represent, to insert no provision in the article in reference to Local Legisla- tion which would abridge the power of the General As- sembly to enact such laws in reference to the sale of in- toxicating liquors as they might deem proper. T made that statement repeatedly during my argument, and an- Constitutional Convention. 739 noimced that I was willing to incorporate a section in my article to that effect. Now, the gentleman says that I made that proposition, in order to secure an alliance Avith the dispensary element to strike down the inter- ests of the city of Mobile. 1 suppose that statement of mine in reference to my willingness to incorporate such a provision in reference to the sale of liquors was the basis of that statement. I desire to say the charge the gentleman makes does me gross injustice and is unwar- ranted, and I do not believe that the gentleman would have made it except in temper. I desire to say furthermore, ]Mr. President, that the gentleman undertook to refer yesterday with contempt to my intellectual powers, and to characterize me as the great chairman of the committee, who arrogated to him- self all the wisdom of the Convention. I desire to say whatever intellectual powers I may possess are from my Creator, and I am only responsible for their use. I have never used them for any other purpose except to promote the interests of the people of my State. I do not expect, nor do I suppose, any other delegate in this Convention ever expects to reach the high and lofty pin- nacle of greatness upon which the distinguished dele- gate from ]Mo))ile sits, enthroned in solitary and cold grandeur. We common mortals, like myself, can only gaze from afar, in fear and trembling, as one who looks upon some mighty volcano, belching forth fire, and smoke. Now, sir, in reference to any threat on my ])art to at- tack the vested interests of the city of Mobiles I desire to say that this controversy is not of my seeking. I de- sire to say in justice to the other delegates from the city of ^Mobile, who are my personal friends, and from whom I have only received courtesy and kindly treatment, that I did not come to this Convention with any feeling of hostility to the great city of Mobile, hut with an earnest desire to promote her prosperity and to advance the in- terest of every other community in our great common- wealth. I desire to say that if at any time the question as to the justice of the city of Mobile retaining part of the general funds of the State and appropriating it to 740 Journal of Alabama her own purposes, should be raised in this Couvention, I shall then undertake to decide the controversy as be- comes a delegate upon this lloor, aecording to my con- science and my judgment, unterrifled and uninfluenced b}^ the therats or b}' the invectiTe and ridicule of the mighty Ajax from the (julf city. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was the report of the Committee on -Local Legislation. The question was upon the amendment to Section 5, proj^osed by the Committee on Legislative Department. Mr. O'Neal, of Lauderdale, offered the following sub- stitute for Section 5 and the amendments : The General Assembly may, by general law, confer upon Courts of ( 'ounty Commisioners, Boards of Reve- nue or ujion such other tribunals in each county as may he created by the General Assembly, such powers of local legislation and administration touching such matters and things (Avhich are not provided for by general law,) and are not inconsistent with the provisions of this Con- stitution, as the General Assembly may from time to time, deem expedient ; provided such courts or tribunals shall not be authorized to exercise such powers of local legiskvtion except during a term thereof held exclusively for that purpose; and that such terms shall not extend beyond 30 days, and shall not be held more than once in twv> years; but special terms of such courts for such purpose of not more than 3 days' duration may be fiuthorized to be called at any time by the Judge of Pro- bate upon such notice as may be prescribed by the Leg- islature when necessary to consider one or more special subjects of local legislation; and provided further, that the General Assembly may abolish such courts, boards or other tribunals and establish other courts or bodies with like powers in lieu thereof, wh^n in the discretion of the General Assembly it may be deemed to be for the best interest of an^- county. The substitute of Mr. O'Neal, of Lauderdale, was lost. CuNSTITUTIOXAL CONVENTION. 741 The question recurred upou the adoption of the sub- stitute ottered by the Legislative Department, which reads as follows : The General Assembly shall pass general laws under which local and private interests shall be provided for and protected. The substitute was adopted. On motion of ]Mr. Gates section 5, as amended, wa» adopted. SECTION SIX. Sec. 6. A general law, within the meaning of this ar- ticle, is a law which applies to the whole State; a local law is a law which applies to any political subdivision or subdivisions of the State less than the whole— a spe- cial or private law within the meaning of this article is one which applies to an individual, association or cor- poration. Was read at length. By unanimous consent Mr. G'Neal, of Lauderdale, in- serted the words "is one'' after the word "article" andL before the word "which." Gn motion of Mr. O'Neal, of Lauderdale, Section 6 was adopted. Mr. Boone offered the following amendment to con- stitute Section 7 of the arficle : Sec. 7. The courts can take judicial notice of any municipal charter. Mr. O'Neal, of Lauderdale, moved to table the sec- tion offered by Mr. Boone. The motion prevailed, and the section offered by Mr. Boone was laid upon the table. Mr. Watts offered the following amendment : Amend report of Committee on Local Legislation by adding an additional section to be known as No. 7, as follows : Sec. 7. No bill introduced as a general law^ into either House of the General Assembly shall be so amended irt its passage as to become a special, private or local law. The amendment was adopted. 742 Journal of Alabama ENGROSSMENT. On motion of Mr. O'Neal, of Lauderdale, the article reported bv the Committee on Local Legislation was ordered enorossed for a third readino*. RECESS. The honr of 1 o'clock p. m. having arrived the Conven- tion adjourned until 3 :30 this afternoon. AFTERNOON SESSION. The Convention met pursuant to adjournment. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : Messrs. President, Almon, Altman, Ashe raft, Banks, Barefield, Bartlett, Beavers, Beddow, Blackwell, Boone, Brooks, Browne, Burnett, Burns, Bjars, Cardon, Carmichael ( Colbert ) , Carmichael ( Coffee ) , Carnathon, Case, Chapman, Cobb, Cofer, Coleman (Walker), Cornwell, Craig, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, deGraffenried, Eley, Eyster, Espy, I'^rguson, Fletcher, Foshee, ^^)ster. F''eeman, Gilmore, Clover, Graham ( Montgomery ) , Graham (Talladega), Constitutional Convention. 743 Orant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Hetlin (Randolph), Henderson, Hinson, Hodges, Hood, Howell, Howze, Inge, Jones (I)il)b ), Jones (Hale), Jones ( Montgomery ) , Jones (Wilcox), Kirk, KnighL, Kyle, Ledbetter, Leigh, Long (Butler), Long (Walker), McMillan (Baldwin), McMillan (Wilcox), Mai one, Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), INfoody, Murphree, NeSmith, !Norman, Norwood, Oates, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Pitts, Porter, Proctor, Kobinson, Kogers (Lowndes), Rogers (Sumter), Sam ford, Sanders, Sanford, Searcy, Selheimer, Sentell, Sloan, Smith (:\robile). Smith, Mae. A., Smith, Morgan M., Sorrell, Spears, Spragins, Stewart, Studdard, Thompson, Vaughan, Waddell, Walker, Watts, AYeakley, Weatherlv, White, Whiteside, Willett, Williams (Barbour), Wi 1 1 i ams ( Marengo ) , Williams (Elmore), Wilson (Washington), Winn— 129. 744 Journal of Alauama appointment of coinimittees:. The President aimounced the fo]h)wing committee^ raised under the resolution 228, providino- for a com- mittee of five, to see that all artieles, ordinances, etc^ are properly engrossed : Messrs. Samford, Howell, Proc- tor, Vanghan, Waddell. Under the resolution 237, looking to the advisability of reducing the number of employes of the Convention, the President announced the following committee: Messrs. Howell, Cobb, deCraffenried, Boone, Cofer. SPECIAL ORDER. The Convention proceeded to the consideration of the special order, which was the report of the Committee on State and County Boundaries. Mr. Parker, of Cullman, moved that the report be con- sidered section by section. The motion prevailed, and the report Avas coui^iidered section by section. SECTION ONE. Section 1. The boundaries of this State are estab- lished and declared ro he as follows, that is to say: Beginning at the 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, thence west along the southern boundary of the State of Tennessee, crossing the Tennessee river, and on to the second intersection of said river by said line, thence up said river to the mouth of Big Bear creek ; thence by a direct line to the north- west corner of Washington county, in this State, as ori- ginally formed ; thence southerly along the line of the State of Mississippi to the Gulf of Mexico; thence east- wardly, including all islands within six leagues of the shore, to the Perdido river; thence up said river to the beginning; provided, that the limits and jurisdiction of CONSTITUTIOXAL CONVENTION. 745 this state shall extend to and include any other land and territory now acquired, or hereafter acquired, by contract or agreement with other States or otherwise, although such land and territory are not included with- in the boundaries hereinbefore designated. Was read at length and adopted. SECTION TWO. Sec. 2. The boundaries of the several counties of thi» State, as they now exist, are hereby ratified and con- firmed. AVas read at length. Mr. Cornwell offered the following substitute for Sec- tion 2 : Sec. 2. Until changed by the General Assembly, as allowed by this Constitution, the boundaries of the sev- eral counties of this State, as heretofore established by law, are hereby ratified and confirmed, and no new county hereafter formed shall contain less than 18,000 inhabitants ; nor shall it have less assessed taxable prop- perty 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. On motion of Mr. deGraffenried, the substitute of Mr, Cornwall was laid upon the table. On motion Section 2 was temporarily passed. SECTION THREE. Sec. 3. The General Assembly shall have the power, provided that each house by a majority of the members elected thereto shall vote in favor thereof, to submit ta a A'ote of the people residing within the territory pro- posed to be taken from one county and given to an- other, a change or alteration in county lines, but no such change or alteration shall be made unless such pro- posed change or alteration shall receive two-thirds of the votes of the qualified electors voting at such election ; 746 Journal of Alabama and, provided, that no coiintj^ line sliall be changed or altered so as to reduce any oM county below 500 square miles, or which shall reduce the inhabitants in any such county below the number of inhabitants to entitle the county to one Representative. Was read at length. Mr. Howell offered the following amendment to the minority report : Amend the amendment otfered by the minority of the committee to Section 3, Article II, by striking out the words "six hundred'' wherever they occur and insert in lieu thereof "four hundred." Mr. Long, of Walker, moved to table the amendment of Mr. Howell. The motion prevailed: Yea's, 77; naj^s, 36. YEAS. Messrs. Almon, Banks, Barefield, Boone, ^ Browne, Burns, •Cardon, Carmichael ( Colbert ) , Carnathon, Cobb, Coleman ( Walker ) , Craig, Cunningham, Davis (DeKalb), Dent, deGraffenried, Eyster, Espy, Perguric n, Fitts, Fletcher, Foster, Graham (Montgomery), Graham ( Talladega ) . Orayson, Greer (Perr^^), Harrison, Hell in (Chambers), Heflin (Randolph), Henderson, Hodges, Hood. Howell, Inge, Jenkins, Jones (Montgomery), Jones (Wilcox), Kirk, Knight, L(Mlb'^tter, Leigh, Long (Walker), Lowe ( Lawrence ) , McMillan (Baldwin), .McMillan (Wilcox), Moody, Maxwell, Merrill, ^Tiller (Marengo), :\[iller (Wilcox), ' Constitutional Convention. 747 Murphree, NeSmitb, Norman, Oates, O'Neal (Lauderdale) O'Neill (Jefferson), Opp, Parker (Elmore), Phillips, Pillans, Robinson, Samford, Sanders, Sentell, Smith (Mobile), Smith, Morgan M., Spragins, Stewart, Thompson, Vaiighan, Waddell, Walker, Weaklev, AVhite, " Williams ( Barbour) , AA^illiams (Marengo) NAYS. Messrs. President, Bartlett, Beavers, Blackwell, Byars, Carmichael (Coffee), Case, Cofer, Cornwell, Davis (Etowah), Eley, Gilmore, Glover, Grant^ Greer (Calhoun), Haley, Howell, Jones (Bibb), Jones (Hale), Alalone, Martin, Palmer, Parker (Cullman), Pearce, Pettus, Pitts, Porter, Rogers (Lowndes), Rogers (Sumter), Sanford, Sloan, Smith, Mac. A., Sorrel 1, Studdard, Whiteside, Wi Ison ( Washington ) — 36. ANNOUNCEMENT OF PAIRS. The following pair was announced : Messrs. Selheimer and Beddow. Mr. Selheimer would vote aye, and ^Ir. Beddow would vote nay, Mr. deGraffenried offered the following amendment' to the minority report of Section 3 : 748 Journal of Alabama . The Greneral Assembly ma}^, by a vote of two-thirds of both Houses thereof, arrange and designate boundaries for the several counties of this State, which boundaries shall not be altered, except by a like vote; but no new counties shall hereafter by formed of less extent than 600 square miles, and no existing county shall be re- duced to less than 600 square miles ; and no new county shall be formed which does not contain a sufficient num- ber of inhabitants to entitle it to one Representative under the ratio of representation existing at the time of tts formation, and leave the county or counties from which it is taken with the required number of inhabi- tants entitling such county or counties to separate rep- resentation. ADJOURNMENT. Pending the further consideration of the report of the* Committee on State and County Boundaries, the hour of 6 p. m. arrived, and under the rules, the Convention adjourned until 9 :30 o'clock to-morrow morning. FORTY-FOURTH DAY. Convention Hall. Montgomery, Ala., Saturday, July 13, 1901. The Convention met pursuant to adjournment. Prayer was offered by Rev. Mr. Howell of the Conven- tion. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constituted a. quorum : Constitutional Convention. 749 Messrs. President, Almoii, Asheraft, Barefleld, Beavers, Beddow, Blackwell, Boone, Brooks, Browne, Burns, Byars, Cardon, Carraichael (Coffee), Carnathon, Case, Cobb, Cofer, Coleman (Walker), f'unniniiham, Davis (DeKalb), Davis (Etowah), Dent, deGraffenried, Eley, Eyster, Espy, Ferguson, Fletcher, Foster, Oilraore, Glover, Graham ( Montgomery ) , Graham (Talladega), Grant, Grayson, Greer (Calhoun), Haley, Handley, Hefl'in (Chambers), Reflin (Randolph), Henderson, Hinson, Hodges, Hood, Howell, Howze, Inge, Jenkins, Junes (Bibb), Jones (MontgomeryJ, Ki rk, Knight, Leigh, Long (Butler), McMillan (Baldwin), McMillan (Wilcox), Malone, Martin. Maxwell, Merrill, Miller (Marengo), Miller (Wilcox^ bloody, ^lurphree, NeSmith, Norman, Norwood, Gates, O'Neal (Lauderdale); O'Neill (Jefferson), ' Opp, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Porter, Proctor, Robinson, Rogers (Lowndes), Rogers (Sumter), 750 Journal of ALABA:\rA Samford, ^A'addell, Sanders, Walker, Sanford, Watts, Smith (Mobile), Weakley, Smith, Mac. A., NVeatheiiy, Sollie, White, Sorrell, Whiteside, Spragins, Williams (Barbour),. Stewart, Williams (Marengo) Stiiddard, Wilson (Washington). Thompson, Winn — 100. LEAVE OF ABSENCE AVas granted to Messrs. Carmiehael of Colbert for to- day; Jones of Wilcox for to-day, jNfonday and Tuesday; Bulger for to-day and Monday; Sorrell for Monday; Cunningham for Monday and Tuesday; Tayloe for to- day; Cobb for Monday; Smith, Morgan M., of Autauga, for Monday. REPORT OF JOURNAL COMMITTEE. The chairman of the Committee on the Journal sub- mitted the following report : The Committee on the Journal beg leave to report that they Lave examined the Journal for the forty- third day of the Convention, and that the same is correct. Respectfully submitted, John F. Proctor, Chairman. The report of the committee was concurred in. RESOLUTIONS ON FIRST READING. The following resolutions were introduced, severally read one time at length, and referred to a|)i)ropriate com- mittees, as follows: Kesolution 242, by Mr. Rogers, of Sumter: Resolved, That hereafter if a stenogra]iher submits his notes to any deh^iiate to correct his si^ecch mad." ])y said delegate, before such speech is printed in the ])ub- Constitutional Convention. 751. lie record, such stenographer shall hereafter be debar- red the duties and pay of stenographer of this Conven- tion. The resolution was referred to the Committee on Rules. Iiesolution 243, by Mr. Davis, of Etowah : Kesolved, That after Saturday, the 20th inst., the offi- cial stenographic report be discontinued. Resolved further. That the President of this Conven- tion be authorized and instructed to cancel the existing contract with tlie official stenographers in acordance Avith the terms of this resolution, and that he be author- ized to draw his warrant in tlieir favor for such amount as may be due said stenographers, including the week ending July 20th, 1901. The resolution was referred to the Committee on Rules. Resolution 244, by Mr. Gates: Resolved, Tliat all pairs shall be put in writing and filed with the Secretary of the Convention, who shall at the conclusion of the roll call, read the same. The resolution was referred to the Committee on Rules. AD.JOURNMENT. Mr. Samford moved that the Convention, when it ad- journs to-day at 1 o'clock p. m., that it stand adjourned until Monday morning at 11 o'clock. The motion of Mr. Samford prevailed. On motion of ^fr. deGratfenried the regular order was dispensed with, and the Convention proceeded to the consideration of the UNFINISHED BUSINESS. Which was the report of thc^ Committee on State and County Boundaries. The question was upon the amendment offered by Mr. deGratfenried to the minority report to Section 3. ^Ir. Parker, of Cullman, moved to table the amend- ment offered bv Mr. deGraffenried. 752 Journal of Alabama The motion was lost : Yeas, 45 ; nays, 53. YEAS. Messrs. President, Bartlett, Beavers, Blackwell, Boone, Brooks, Byars, 'Carmichael (Coffee), Cofer, Davis (Etowah), Eley, Eyster, Gilmore, Glover, Grant, Grayson, Henderson, Hinson, Hodges, Howell, Jenkins, Jones (Montoomerv), McMillan (Baldwin), Malone, Martin, Miller (Wilcox), Murphree, Norman, Norwood, Palmer, Parker (Cullman), Pearce, Pet t lis, Pillans, Porter, Rogers (Sumter), Samford, Sauford, v^mitli, ^lac. A. Sorrell, Sprao-ins, Studdard, Thompson, Whiteside, Wilson ( Washington) — 45. NAYS. INfessrs. Ashcraft, Banks, Barefield, Beddow, Browne, Burns, Cardon, Carnathon, Case, Cobb, Coleman (Walker), Cunningham, Davis (DeKalb), Dent, (leGraffenried, Espy, Ferguson, Fletcher, Foster, Graham (Talladega), Greer (Perry), Handley, COXSTITUTIONAL CONVENTION. 753 Heflin (Chambers), Parker (Elmore), Heflin (Randolph), Pliillips, Hood, Proctor, llowze, Kobinson, luge, Kogers (Lowndes), Kirk, Sanders, Knight, Smith (Mobile), Leigh, Stewart, Macdonald, Waddell, Maxwell, Walker, Merrill, Weakley, Miller (Marengo), Weatherh^, Moody, Williams (Barbour), O'Neal (Lauderdale), Williams (Marengo), O'Neill (Jefiterson), Winn— 53. Opp, ANNOUNCEMENT OF PAIRS. The following pairs Avere announced : Messrs. Greer of Calhoun and Almon; Haley and Carmichael, of Colbert ; Jones of Bibb and Long of Walker; JNrcMillan of Wilcox and Craig; NeSmith and Yauglian; Oates and Morrissette; Cornwell and White. Messrs. Greer of Calhoun, Haley, Jones of Bibb, Mc- Millan of Wilcox, NeSmith, Oates and Cornwell would Tote aye; and Messrs. Almon, Carmichael of Colbert, ' ong of Walker, Craig, Vauglian, Morrisette and White AA'Oiild "«'ote nay, ]Mr. deGraffenried moved to abopt the amendment of- fered by liimself. The motion prevailed, and the amendment was adopted. Yeas, 57; nays, 42. YEAS. Messrs. Ashcraft, Brooks, Banks, Burns, Barefield, Cardon, BeddoTV, Carnathon, 48 754 Journal of Alabama Case, Cobb, Coleman ( Walker )y Cunningham, Davis (DeKalb), Dent, deGraffenried, Espy, Ferguson, Fletcher, Foster, Graham (Talladega), Greer (Perr;^), Handley, Heflin (Chambers), Heflin (Randolph), Hood, Howell, Howze, Inge, Kirk, Knight, Ledbetter, Leigh, Long (Butler), iNLicdonald, Maxwell, Merrill, Miller (Marengo), Moody, Gates, G'Xeal (Lauderdale),. O'Neill (Jefferson), Opp, Parker (Elmore), Phillips, Proctor, Kobinson, Rogers (Lowndes), Sanders, Stewart, Waddell, Walker, Watts, Weakley, Weatherly, Williams (Barbour),. Williams (Marengo),. Winn — 57. NAYS. Messrs. President, Bartlett, BoaTcrs. Blackwell, Boone, Byars, Carmichael (Coffee), Cofer, Davis (Etowah), Eley, Evster, Gilmore, Glover, Grant, Grayson, Henderson, Hinson, Hodges, Jenkins, Jones (^Montgomery), McMillan (Baldwin),. Malone, Martin, Miller (Wilcox), Murphree, Norman, Constitutional Convention. 75o Norwood, Sanford, Palmer, Smith, Mac. A., Parker (Cullman), Sorrell, Pearce, Sprajjins, Pettus, Stnddard, Porter, . Tliompson, Rogers (Sumter), Wliiteside, Samford, Wilson (Washington) — 42. announcement of pairs. The folloAving pairs were announced: Messrs. Almon and Greer of Calhoun ; Long of Wal- ker and Jones of Bibb; Craig and McMillan of Wilcox; Vaughan and NeSmith; White and Cornwell. Messrs. Almon, Long of Walker, Craig, Vaughan and White would vote aye; and Messrs. Greer of Calhoan, Jones of Bibb, McMilan of Wilcox, NeSmith and Corn- well would vote nay. reconsideration. Mr. Howell gave notice that on Monday he would move to reconsider the vote by which the substitute for Sec- tion 3 was adopted. Mr. Malone offered the following amendment to Sec- tion 3: Provided, that out of the counties of Henry, Dale and Geneva, a new county may be formed under the pro- visions of this article for forming new counties, so as to leave said counties of Henry, Dale and Geneva with not less than 500 square miles each. Mr. Sollie moved to postpone the further considera- tion of Section 3 and pending amendments until the latter part of next week. On motion of ^Nlr. Malone, the motion of ^Ir. Sollie was laid upon the table. reconsideration. Mr. Sollie gave notice that on Monday he would move to reconsider the vote by which the amendment of Mr. Malone was adopted. 756 Journal uf Alabama Mr, Malone moved to suspend the rules and iuinie- diatelj' cousider the motion of ^Ir. Sollie to reconsider the vote by which the amendment was adopted. The motion prevailed, and the rules were suspended. Mr. Carmichael of Coffee moved to table the motion of Mr. Sollie. The motion prevailed, and the motion to reconsider was laid upon the table. The question recurred upon the adoptirtn of Section 2. On motion Section 2 was adopted. The (piestiou recurred upon the adoption of Section 3 as amended. On motion Section 3 as amended was adopted. SECTION FOUR. Sec. 4. The General Assembly shall have power, i)ro- Tided that each House, by a majority of its members elected thereto, shall vote in favor therefor, to submit to a vote of the people within the boundaries of the pro- posed new county, the creation and formation of new counties, but no new county shall be created, unless such proposed new county shall receive two-thirds of the votes of the qualified electors voting at such elec- tion; and at the same time the question of a name and a county seat for such county shall be submitted to and determined by said electors ; and, provided, that no new county shall he created or formed of less extent than 500 square miles, and 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 creation, and leave the county or counties from which it is taken with the required number of inhabitants en- titling such county or counties to separate representa- tion, or which shall reduce any old county below 500 square miles. Was read at lengih. The minority report to Section 4 was taken up. Mr. Cobb moved to table Section 4 and the pending minority reports. COiS'STlTUTIONAL CONVENTION. 767 Tlie niotiou prevailed and Section 4 and the pending; minority reports thereto were hiid upon the table. RECONSIDERATION. Mr. Sanford gave notice that on to-morrow he wouldi move to reconsider the vote by which Section 4 and pend- ig minority reports were laid upon the table. The Chair called the attention of the Convention to the fact that the minority reports to Section 2 had not been disposed of. ^Ir. Cobb thereupon moved to reconsider the vote by which Section 2 was adopted. The motion prevailed. Mr. Parker of Cullman moved to table the minority- reports relative to Section 2. The motion prevailed, and the minority reports were laid upon the table. On motion of Mr. Parker of Cullman Section 2 was- adopted. SECTION FIVE. Sec. 5. No county line shall be altered or changed or in the creation of new counties shall be established so as to run within seven miles of the county court house of any old county. Was read at length. ]Mr. Samford moved to table Section 5. The motion was lost. On motion of Mr. Parker of Cullman Section 5 was adopted. ADJOURNMENT. The hour of 1 o'clock having arrived, under the mo- tion previously adopted, the Convention adjourned to» meet on Mondav at 11 o'clock.. 758 Journal of Alabama FOKTY-FIFTH DAY. Convention Hall. Montgomery, Ala., ^londay, July 15, 1901. The Convention met pursuant to adjournment. Prayer was offered by Rev. ^Iv. McDaniel of the city. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, Avhich constituted a quorum : Messrs. President, Ashcraft, Banks, Barefleld, Bartlett, Beavers, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Bulger, Burns, Byars, Cardon, Carnathon, Case, Chapman, Cofer, Coleman (Greene), Davis (DeKalb), Davis (Etowah), Dent, deGraffenried, Duke, Eley, Pitts, Fletcher, Foshec, Gilmore, Glover, Graham (Montgomery), Grant, Grayson, Greer (Calhoun), Greer (Perry), Handley, Harrison, Heflin (Randolph), Henderson, Hinson, Hodges, Howell, Howze, Inge, Jones (Bibb), Jones (Hale), Jones (Montgomery), Kirk. Constitutional Convention. 759 Knight, Leigh, Locklin, Lomax, Long (Butler), Long (Walker), Lowe (Jefferson), Macdonald, McMillan ( Baldwin ) , Malone, Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox"), Moody, IMurphree, ' NeSmith, Norman, Norwood, Gates, O'Neal (Lauderdale), Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pearee, Pettus, Phillips, Pitts, Porter, Proctor, Reese, Reynolds (Chilton), Uobinson, Rogers (Sumter), Samford, Sanford, Sentell, Smith (Mobile), Smith, Mac. A., Smith, Morgan M., Sollie, Spears, Spragins, Stewart, Studdard, Tayloe, Thompson, Waddell, Walker, Watts, Weakley, Weatherlv. White, Whiteside, Williams (BarbourJ, Williams ( Marengo ) , Wilson ( Washington ) Winn— 112. LEAVE OF ABSENCE. Was granted to Messrs. Hood Ferguson, Pillans, Eys- ter, Haley, Carmichael of Colbert, for to-day ; McMillan of Wilcox, to-day and to-morrow; Jenkins and Lowe of Lawrence indefinitely on accomit of sickness, and to Mr. Searcev for to-dav. 760 JOURX.\,L OF ALABAjNIA REPOUT OF THE COMMITTEE ON THE JOURNAL. The chairman of the Committee on Journal submitted the following report, which w as concurred in : The Committee on the Journal beg leave to report that they have examined the Journal for the forty-fourth, day of the Convention, and that the same is correct. Respectfully submitted, John F. Proctor, Chairman. RESOLUTIONS ON FIRST READING, The folowing resolution was introduced, severally- read one time at length, and referred to appropriate committees as follows : Resolution 245, by Mr. Brooks : Resolved, That it is the sense of this Convention that all discussions relating to the amendment and revis- ion of the Constitution should be free from caucus dic- tation operating upon the judgment and conscience of the delegates; that the proper forum of such discus- sions is the Convention, and that the proper method of giving effect to the wislies and interests of the people through their Constitution is by the free and unre- stricted action of their individual representatives in Con- vention assembled. The resolution was referred to the Committee out Rules. ORDINANCES ON FIRST READING. The following ordinance was introduced, severally read one time and referred to appropriate committee as follows: Ordinance 420, by ^Ir. Burns: The General Assembly or Legislature shall enact laws for the ])urpose of effectually enforcing the lien of agri- cultrral, mechanical and railroad employees, ui^on the products of their manual labor. The ordinance was referred to the Comnn'ttee on Legislative Department. Constitutional Convention. 761. reconsideration. ]\rr. Howell iiioved to reconsider the vote by which Section 3 of Article II, reported by the Committee on State and County Boundaries, was adopted. On motion of ^Ir, bloody the motion to reconsider Avas tabled. REPORT of STANDING COMMITTEES. Mr. Heflin, of Kandolph, chairman of the Committee on Schetlules, Printing and Incidental Expenses, re- turned to the Convention resolution 210 without recom- mendation. The resolution was placed on the calendar. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was the report of the Committee on State and County Boundaries. SECTION SIX. Sec. 6. No county site shall be removed except by a two-thirds vote of the qualified electors of said county, voting in an election held for said purpose, and when an election has once been held for such purpose, no other election can be held for such purpose until the expira- tion of four years; provided, that the county site of Shelby county, of this State, shall be and remain at Co- lumbiana, unless removed by a vote of the people, as provided for in an act entitled "An act to provide for the permanent location of the county site- of Shelby county, Alabama, by a vote of the qualified electors of said county," approved the 9th day of Feb- ruary, 1899, and the act amendatory thereto, approved the 20th day of February, 1899, or by an election held under the provisions of this article. Was read at length. 762 Journal of Alabama The following minority report to Section 6 was read At length as follows: j\Ir. President: We, the undersigned members of the Committee on State and County Boundaries, do not concur with the majority in that part of Section 6 which refers to the Shelby County Court House. And we offer as an amend- ment to Section 6 of the majority report, that all that part of Section 6 which refers to the Shelby County Court House be stricken out. J. O. Sentell^ J. A. GiLMORE. Mr. Browne moved to table the minority report. The motion prevailed, and the minority report was laid upon the table: Yeas, 73; nays, 30. YEAS. Messrs. Ashcraft, Bartlett, Beavers, Bethune, Blackwell, Boone, Brooks, Browne, 13ulger, Burns, Carnathon, ■Case, Chapman, Davis (Etowah), Dent, deGraffenried, "Fosheo, Grant, Grayson, Greer (Calhoun). Handley, Heflin (Randolph), Henderson, Hodges, Howell, Howze, I uge, Jones (Bibb), •Tones (Hale), Jones ( Montgomerv ) , Kirk, Knight, Leigh, McMillan (Baldwin), Malone, Martin, Maxwell, Miller (Marengo), :\ril]er (Wilcox), Murnhree, Norman, Norwood, Constitutional Convention. 763 O'Neal (Lauderdale), Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Phillips, Pitts, Porter, Eeese, Reynolds (Chilton), Robinson, Rogers (Sumter), Samford, Sanford, Smith (Mobile), Smith, Morgan M. Spears, Spragins, Stewart, Studdard, Tayloe, Thompson, Waddell, Weakley, Weatherly, Whiteside, Williams (Barbour), Winn — 73. NAYS Messrs. Banks, Barefleld, Beddow, Byars, Cofer, Coleman (Greene), Davis (DeKalb), Duke, Eley, Pitts, Fletcher, Glover, Graham (Montgomery) Greer (Perry), Harrison, Heflin (Chambers), Locklin, Lomax, Long (Walker), Lowe (Jefferson), Merrill, Gates, Prortor, Smith, Mac. A., Sollie, Walker, Watts, Williams (Marengo), Williams (Elmore), Wilson (Washington) — 30. ANNOUNCEMENT OF PAIRS. Tlie following pairs were announced: ]Messrs. Sorrell, Cardon, McMillan of Wilcox, Gil- more, Moody, Almon, Graham of Talladega, and Sen- tell; Messrs Sorrell, McMillan of Wilcox; Moody and 764 Journal of Alabama Graham of Talladega would vote aye; and Messrs. Car- don, Gilmore, Almon and Sentell would vote nay. Mr. Whiteside offered the following amendment to Section 6 : Amend Section 6 of Article II, reported by Committee on State and County Boundaries, by striking out the word ''two-thirds'' in the first line of said section. On motion of Mr, O'Neal, of Lauderdale, the amend- ment of Mr. Whiteside was laid upon the table. Mr. Pearce offered the following amendment to Sec- tion 6 : Amend Section 6 by striking out the words ''two- thirds" in the first line, and inserting in. lieu thereof the word "majority." RECESSv- Pending the further consideration of the report of the Committee on State and County Boundaries, the hour of 1 o'clock p. m. having arrived, under the rules,, the Convention recessed until 3:30 this evening. AFTERNOON Si:SSION. The Convention met pursuant to adjournment. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum: . I Messrs. President. Browne, Ashcraft, Bulger, Banks, Burnett, Barefield, Burns, Bartlett, Bvars, Beavers, Cardon, Beddow, Carmichael (Colbert), Bethune, Carmichael (Coffee), Blackwell, Carnathon, Boone, Case, Brooks, Chapman, Constitutional Convention. 765 •Cofer, 'Coleman (Greene), Davis (DeKalb), Davis (Etowah), Dent, deUratt'enried, Duke, Eley, Fletcher, Foshee, Foster, Glover, Grant, Gravson, (Jreer (Calhoun), Greer (Perry), Harrison, Heflin (Chambers), Heflin ^Randolph), Henderson, Hinson, Hodges, Howell, Howze, Inge, Jones (Hale), Jones ( Montgomery ) , Kirk, Knight, Kyle, Led better, Leigh, Locklin, Lomax, Long (Butler), Long (Walker), Lowe (Jefferson), Macdonald, McMillan (Baldwin), Malone, Martin, Maxwell, Merrill, Miller ( Marengo), Miller (Wilcox), NeSmith, Norman, Norwood, Gates, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, O'Kear, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Phillips, Portei', Reynolds (Chilton), Robinson, Rogers (LoAvndes), Rogers (Sumter), Sam ford, San ford, Sentell, Smith (Mobile), Smith, Mac. A., Smith, Morgan M. Spears, Spragins, Stewart, Studdard, Tayloe, Thompson, Wadd(dl, AValker, Weakley, White, Whiteside, Williams (Barbour), Wi 11 i ams ( Marengo ) , Williams (Elmore), Wilson (Washington) — 107 766 Journal of Alabama UNFINLSHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was the report of the- Committee on State and County Boundaries. The question was upon the amendment offered by Mr. Pearce. Mr. O'Neal moved to table the amendment offered by Mr. Pearce. The motion was lost: Yeas, 45; naj'S, 59. YEAS. Messrs. Ashcraft, Banks, Blackwell, Brooks, Bulger, Cardon, Carnathon, Davis (DeKalb), Davis, (Etowah), Dent, deGraffenried, Eley, Fletcher, Foshee, Grayson, Haley, Harrison, Hinson, Howze, Inge, Knight, Leigh, driller (]\rarengo) IMiller (Wilcox), Moody, ]Murpliree, Xorman, Norwood, Gates, O'Neal ( Lauderdale ) , Opp, Palmer, Parker ( Cullman), Parker (Elmore), Phillips, Sentell, Sprairins, Stewart, Thompson, Waddell, A^'alker, Weaklev, White, ^ Williams (Barbour), AVilliams (Elmore) — 45". Messrs. President, Barefield, Bartlett. NAYS. Beavers, Beddow, Bethune, COXSTITL'TIONAL CONVENTION. 767 Booue, Browne, Burns, Byars, Case, Chapman, Cofer, Coleman (Greene), Duke, Foster, Glover, Graham ( Montgomery ) , Grant, Greer (Perry), Handley, Heflin (Chambers), Heflin (Eandolph), E[end3rson, Hodges, Howell, Jones (Bibb), Jones (Hale), Jones ( Montgomery ) , Kirk, Ledbettei, Locklin, Long (Walker), Lowe ( Jefferson ) , Macdonald, Ma lone, Martin, Merrill, O'Kear, Pearce, Pettus, Pitts, Porter, Proctor, Reese, Peynolds (Chilton), Robinson, Rogers (Sumter), Samford, San ford. Smith (Mobile), Smith, Mdc. A., Smith, Morgan >L, Spears, Studdard, Tayloe, Watts, Whiteside, Wilson ( Washington ) -59. The question recurred upon the adoption of the amend- ment offered by ]Mr. Pearce. On motion of Mr. Pearce the amendment was adopted. Section 6, as amended, was thereupon adopted. ' ENGROSSMENT. Mv. Parker of Cullman moved that the article on State and County Boundaries be engrossed and ordered to a third reading. The motion prevailed, and the article was engrossed for a third reading. 768 Journal of Alabama special order. The Convention proceeded to the consideration of the •special order, which was the report of the Committee on Banks and Banlcing. On motion of Mr. Fletcher, the report was consid- ered section by section. SECTION ONE. Was read at length as follows and adopted : Sec. L Subdivision Banks and Banking. The General Assembly shall not have the power to -establish or incorporate an}' bank or banking company or money institution, for the purpose of issuing bills of credit, or bills payable to order or bearer, except under the conditions prescribed in this Constitution. SECTION TWO. Was read at length as follows : Sec. 2. No bank shall be established otherwise than under a general banking law, nor otherwise than upon a specie basis. Mr. Gates offered the following amendment to Sec- tion 2 : Amend Section 2 of Article XIY by adding to said section the following: Provided, That any bank may be established with authority to issue bills to circulate as mouey an equal amount to the face value of bonds of the United States, or of this State, convertible into specie at their face value, which shall, before such bank is authorized to is- sue its l)ills for circulation, be dei>osited with the State Treasurer or other depository prescribed by law, in an amount equal to the aggregate of such proposed issue, Avith power in such treasurer or depository to dispose of any or all of such bonds for a sufficient amount of specie to redeem the circulating uc^tes of such bank at any time and without delay, should such bank suspend >specie payment or fail to redeem its notes on demand. OOXSTITUTIOXAL CONVENTION. 769 ■Mr. Fletcher moved to table the aiiiendment offered hj Mr. Gates. The motion was lost The amendment of Mr. Gates wa^ adopted. Section 2, as amended, was thereupon adopted. SECTION THREE. Sec. 3. All bills or notes issued as money shall be at all times redeemable in gold or silver, and no law shall be passed sanctioning, directly or indirectly, the sus- pension of any bank or banking company of specie pay- ment. Was read at length and adopted. SECTION FOUR. Was read at leng-tli a« follows: Sec. 4. Holders of bank notes and depositors who have not stipulated for interest, shall, for such notes and deposits, be entitled in case of insolvency, to the prefer- ence of payment over all other creditors. Mr. Watts offered the following amendment to Sec- tion 4 : Amend Section 4, report Committee on Banks and Banking, by adding to the end thereof the following: "Provided this section applies to incorporated banks only." Mr. Williams, of Marengo, offered the following sub- stitute for the amendment offered by ^Ir. Watts: "Provided this section shall apply to all banks, whether incorporated or not." The substitute was adopted. Section 4, as amended, was, on motion of Mr. Fletcher, adopted. SECTION FIVE. Was read at length as follo^^'s and adopted : Sec. 5. Every bank or banking company shall be re- quired to cease all banking operations within twenty 49 770 Journal of Alabama years from the time of its organization ( unless the Gen- eral Assembly shall extend the time), and promptly thereafter close its business; but shall have corporate capacity to sue, and shall be liable to suits until its af- fairs and liabilities are fully closed. SECTION SIX. Was read at length as follows and adopted : Sec. 6. No banks shall receive, directly or indirectly, a greater rate of interest than shall be allowed by law to individuals for lending money. SECTION SEVEN. Was read at length as follows: Sec. 7. The State shall not be a stockholder in any bank, nor the credit of the State ever be given, or loaned, to any banking company, association or corporation, Mr. Watts offered the following amendment to Sec- tion 7, which was adopted: Amend Section 7, report Committee on Banks and Banking, as follows : Strike out the words "The State shall not,'- and in lieu thereof insert "neither the State nor any political subdivisicm thereof shall," and insert the word "shall" between "nor" and "the credit" in line one. On motion of Mr. Fletcher, Section 7, as amended, vras adopted. SECTION EIGHT. Was read at length as follows : Sec. 8. The General Assembly shall, by appropriate laws, provide for the examination by some public officer, of all banks and banking institutions and trust com- panies engaged in banking business in this State. ]Mr. Davis, of Etowah, offered the following amend- ment to Section 8: Amend Section 8, Article XIV, by adding at the end of section the following words: "And each of -such Constitutional Convention. 771 banks, companies or institutions shall, throuj^h its president or such other officer as the General Assembly may designate, under oath, make a report of its re- sources and liabilities at least twice a year." Mr. Ashcraft offered the folloAving substitute for the original section and pending amendment: Amend Article XIV as reported by the Committee by striking out Section 8 thereof. On motion of Mr. Malone the substitute offered by Mr. Ashcraft was laid upon the table. The question recurred upon the adoption of the amend- ment offered by Mr. Davis, of Etowah. The amendment of. Mr. Davis, of Etowah, was, on motion of Mr. Fletcher, adopted. Section 8, as amended, was thereupon adopted. RECONSIDERATION. Mr. Kogers, of Sumter, gave notice that on to-morrow he would move to reconsider the vote by which Section 8 was adopted. Mr. Eeynolds, of Chilton, offered the following amendment to constitute a new section to the article on Banks and Banking: To amend the report of Committee on Banks and Banking hy adding an additional section to be known as Section No. 9, as follows: Sec. 9. If necessary for the payment of any creditor or depositor of an incorporated bank, each holder of stock therein shall be held liable for double the amount of stock so held by said stockholder in said bank. On motion of Mr. Knight the amendment was laid upon the table. Mr. Williams, of Marengo, offered the following amendment, to constitute a new section to the article on Banks and Banking: Amend the article on Banks and Banking by adding Section — . That the provisions of Section 8 of this article shall apply to all banks, trust companies and individuals 772 Journal of Alabama doing a banking business, except national banks, whether incorporated or not. Mr. Fletcher moved to table the amendment offered by Mr. Williams, of Marengo. The motion to table was lost. The question recurred upon the adoption of the amendment offered b}^ Mr. "NA'illiams, of Marengo. On motion the amendment was adopted. ENGROSSMENT. On motion of Mr. Fletcher, the article on Banks and Banking was ordered engrossed for a third readino-. ADJOURNMENT. On motion of Mr. Davis, of Etowah, the Convention adjourned until to-morrow morning at 9 :30 o'clock. FORTY-SIXTH DAY. Convention Hall. Montgomery, Ala., Tuesday, July 16, 1901. The Convention met pursuant to adjournment. Prayer was offered by Rev. Mr. McDaniel of the city. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constituted a guorum: Byars, Blackwell, Messrs. President, Boone, Banks, Brooks, Barefleld, Browne, Bartlett, Bulger, Beavers, Burnett, Beddow, Burns, Constitutional Convention. 77S Bjars, Cardon, Carnatlion, Case, Chapman, Cobb, Cofer, Coleman (Greene), Davis (DeKalb), Davis (Etowah), Dent, deGraffenried, Duke, Eley, Evster, Espy, Ferguson, Fitts, Fletclier, Foshcu, Foster, i Freeman, Gilmore, Glover, Graham ( Montgomery ) , Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Rf'fliTi fl^andolph),' Henderson, Hodges, Hood. Fcwell, Howze, Inge, Jones (Bibb), Jones (Hale), Jones (^Montgomery), Jones (Wilcox), Kirk, Knight, Ledbetter, Leigh, Locklin, Lorn ax. Long (Butler), Lowe (Jefferson), Macdonald, McMillan (Baldwin), .McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Murphree, XeSmith, Norman, Norwood, Gates, O'Neal (Lauderdale),. O'Neill (Jefferson), Opp, O'Rear, Palmer, Parker (Cullman),. Pearce, Pettus, Phillips, Pillans, Pitts, Porter, !"*roctor, Reese, Benfro, Reynolds (Chilton), Reynolds ( Henry ),^ 774 Journal of Alabama Robinson, Rogers (Lowndes), Rogers (Sumter), Samford, Sanders, Sanford, Searcy, Selheimer, Sentell, Sloan, Smith (Mobile), Smith, Morgan M., Sollie, Sorrell, Spears, Spragins, Stewart, Studdard, Tayloe, Thompson, Vaughan, ■ Waddell, Walker, Watts, Weakley, Weatherly, White, Whiteside, Willett, Williams (Barbour), Williams (Marengo), Williams (Elmore), \V [ Isou ( Washington ) Wilson ( Washington) Winn— 133. LEAVE OF ABSENCE. Was granted to Messrs. Ashcraft for to-day and to- morrow morning until 12 o'clock m. ; Beavers indefinite- ly; Mac. A. Smith today; and Graham, of Talladega, for to-day; Parker of Cullman for to-day; Sollie and Kirkland for this afternoon, Thursday and Friday. REPORT OF THE COMMITTEE ON THE JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in : The Committee on the Journal beg leave to report that they liave examined the Journal for the forty-fifth day of the Convention and that the same is correct. Respectfully submitted. John F. Proctor, Chairman. RESOLUTIONS ON FIRST READING. The following resolutions were introduced, severally read one time at length, and referred to appropriate -committees as follows: Constitutional Convention. 775 liesoliition 246, by Mr. Samford: Resolved, That the General Assembly of this State is hereby instructed, at its next session, to reduce the tag tax on fertilizers to an amount not to exceed 10 cents per ton. The resolution was referred to the Commitee on Amending Constitution and Miscellaneous Pro\isions. Resolution 247, by Mr. Reese: Whereas, Our distinguished citizen and statesman, the Hon. James L. Pugh, now lies upon a bed of sick- ness ; Resolved, by the people of Alabama, in Convention assembled. That the sympathy of the Convention is ex- tended to our valued citizen, together with its hope for his speedy recovery. On motion of Mr. Reese, the rules were suspended and the resolution 247 was adopted by a rising vote. stenographic report. Messrs. Banks and Long of Walker called the atten- tion of the Convention to certain errors in the steno- graphic report of yesterday. The report was ordered corrected. report of committee on rules. Mr. Knox, chairman of the Committee on Rules, re- ported the following resolution, which was adopted : Resolution 248: Resolved, That the report of the Committee on Suf- frage be taken up for consideration by the Convention after the reading of the Journal on Tuesday, July 23d, unless sooner reached in its regular order ; provided that if the Convention, on that day, has under consideration the report of any other standing committee, such report shall be laid aside and shall be again taken up as soon as the article on Suffrage and Elections has been dis- XK)sed of. 776 Journal of Alabama change of vote. Mr. Banks stated that ou vesterda}' he was recorded as voting nay on the adoption of Section G of the Article reported by the Committee on State and County Boun- daries, and he desired to have his vote changed from nay to aye, as he voted under a misapprehension. He was granted leave to change his vote, and the Journal was ordered corrected. QUESTION OF PERSONAL PRIVILEGE. Messrs. Kirkland and Malone arose to questions of personal privilege and stated tlieir question of personal privilege. RECONSIDERATION. Mr. Kogers, of Sumter, moved to reconsider the vote by which Section 8 of the article reported by the Com- mittee on Banks and Banking was adopted on yester- day. On motion of Mr. Fletcher the motion of ^Mr. Rogers, of Sumter, was laid upon the table. ]\Ir. Wilson, of Washington, moved to reconsider the vote by which Section G of the article reported by the Committee on State and County Boundaries was adopted on yesterday. On motion of Mr. Thompson the motion of Mr. Wil- son, of Washington, was laid upon the table. REPORT OF SPECIAL COMMITTEE. Mr. Howell, chairman of the special committee, sub- mitted the following report: Mr. President : The special committet^ to whom wa:^ referred the mat- ter of cutting down expenses by disjiensing with some of the employees of the Convention, have carefully and impartially considered the same, and a majority of whom desire to submit the following report, and reeommend the adoption of the same. We recommend: Constitutional Convention. 777 First — The dispeusing of all clerks of committees after to-day except the clerks of the following standing com- mittees : (1) On Rules. (2) On Order, Harmony and Consistency of the Whole Constitntion. (3) On Snffrage and Elections. (4) On the Journal, And these clerks who are retained are expected to serve other committees Avhen necessary. (5) We recommend that the two messengers be dis- pensed with, as we have assurances that the postmaster of this cit,y, under the free delivery system, will deliver the mail here three times a day, and carry off what mail matter to be sent off. (6) We further recommend that five of the ten pages be dispensed with, and in order that each one of these pages have an equal chance to be retained, we suggest and recommend the following plan, that the Secretarj^ and assistant secretary, in the presence of the President of this Convention, write the names of the ten pages^ upon slips of paper and place these slips in a hat and then let the Secretary draw out the slips and the first five names drawn out shall be those who are retained as pages. (7) We recommend that the clerical force in the office of the Secretary of this Convention be retained. The aggregate reduction in expenses by the reduction of employes here recommended will be |26 per day. Very respectfully, W. P. Howell, J. E. Cobb, B. B. Boone, Committee. ^Ir. deGraft'euried oft'ered the following minority re- port to the report of the special committee : MINORITY REPORT. Your undersigned member of this committee regrets to sav that he is unable to concur with the other members 778 Journal of Alabama of the committee iu their recommendatiou that the pages selected by this Convention shall be reduced to five in number; and I recommend in lieu thereof that the pages which have been selected to wait on this Convention shall be retained. Since the organization of this Convention many of the committees have made their reports and the mem- bers of the Convention have ceased to offer ordinances for the consideration of the Convention. For this reason I am of the opinion that the clerks recommended by the committees to be discharged can be dispensed with, but the same conditions, so far as the service of the pages is concerned, that existed when the Convention was organized, still exists. JRespectfully submitted, Ed. deGraffenried. Mr. Williams, of Marengo, offered the following amendment to the minority report, which was adopted : Move to amend minority report by adding thereto: "And the messengers'' after the word "pages" wherever it appears. The question recurred upon the adoption of the mi- nority report, as amended. On motion of Mr. deGraffenried, the minority report was adopted, '^ Mr. Harrison offered the following amendment to the majority report, which was accepted by the committee: Amend so as to allow the clerk of the Committee on Corporations to be retained by said committee during the present week or until the report of said committee lias been made. ^Ir. Gates offered the following amendment to the majority report, which was accepted by the committee : Amend by retaining clerk of Legislative Department until report is finished. Mr. Cofer moved to table the report of the special iCommittee and amendments. The motion was lost. The question recurred upon the adoption of the re- port of the committee, as amended. Constitutional Convention. 779 On motion of Mr. Howze the report of the special committee, as amended, was adopted. SPECIAL ORDER. The Convention proceeded to the consideration of the special order, which was the report of the Committee on Legislative Department. Thereupon the ordinance was ordered read by sec- tions. ARTICLE — LEGISLATIVE DEPARTMENT. SECTION ONE. Section 1. The legislative power of this State shall be vested in a Legislature, which shall consist of a Sen- ate and House of Representatives. Was read at length. Mr. Harrison offered the following amendment to Section 1 : Amend Section 1 by striking out the word "Legisla- ture'' where the same occurs therein, and insert in lieu thereof the words "General Assembly." On motion of Mr. Beddow the amendment of Mr. Harrison was laid upon the table. On motion of Mr. Oates, Section 1 was adopted. SECTION TWO. Was read at length as follows: Sec. 2. The styfe of the laws of this State shall be : ^'Be it enacted by the Legislature of Alabama," which shall not be repeated, but the act shall be divided into sections for convenience, according to substance, and the sections designated merely by figures. Each law shall contain but one subject, which shall be clearly expressed in its title, except general appro- priation bills, general revenue bills, and bills adopting 780 Journal of Alabama a code, digest, or revision of statute; and no law shall- be revived, amended or the provisions thereof extended or conferred, by reference to its title only; but so much thereof as is revived, amended, extended, or conferred, shall be reenacted and published at length. Mr. Jones, of Montgomery, offered the following amendment to Section 2 : Amend Section 2 by striking out the word "shall" and inser-ting the word "need" in place thereof, in line five. The amendment otfered by Mr. Jones, of Montgom- ery, was adopted. Mr. O'Neal, of Lauderdale, offered the following amendment to Section 2 : Amend Section 2 by striking out the word "Legisla- ture of Alabaum," in first and second lines and adding in lieu thereof the words "General Assembly." On motion of Mr. Oates the amendment of Mr. O'Neal of Lauderdale was laid upon the table. On motion of Mr. (Jates Section 2, as amended, was. adopted. SECTION THREE. Wa^ read at length as follows : Sec. 3. Senators and Representatives shall be elected by the qualified electors on the first Monday in August, nineteen hundred and two, and every four years thereafter, unless the Legislature shall change the time of holding elections; the terms of office of the Senators and Representatives shall be four years, commencing on the day after the general election, except as otherwise provided in this Constitution. Whenever a vacancy shall occur in either House the Governor shall issue a writ of election to fill such vacancy for tlie remainder of the term. Mr. Brooks offered the folloAving amendment to Sec- tion 3: Amend Section 3 of report of Oommittee on Legisla- tive Department : Co^■STITL■TIO^:AL Convention. 781 Strike out all after the section iimnber and insert the folloAvinsj;-: Senators and Ifepresentatives elected by the qnalified electors on the lirst ^londay in August, 1902, and everA^ two years thereafter, unless the Legis- lature shall change the time of holding elections. The terms of office of the Senators shall be four years, com- mencing on the day after the general ehn-tion, except as otherwise provided in this Constitution ; whenever a vacancy shall occur in either House the Governor shall issue a writ of election to fill such vacancy for the re- mainder of the term. On motion of Mr. deGratfenried the amendment of Mr. i^rooks was laid upon the table. Mr. Harrison oifered ihe following amendment to : Section 3 : Amend Section 3 by striking out the words ''first Monday in August," where they occur therein, and in- sert in lieu thereof the following, to-wit : Tuesday after the first jMouday in November. Mr, Reese moved to table the amendment offered by Mr. Harrison. The motion of Mr. Reese was lost. The question recurred upon the adoption of the amendment of Mr. Harrison. On motion of Mr. Gates the amendment of Mr. Har- rison was adopted. Mr. Browne moved to take from the table the amend- ment offered by Mr. Brooks to Section 3. The motion was lost : Yeas, 23 ; nays, 96. YEAS. Messrs. Brooks, Lomax, Browne, Martin, Byars, :Mf)ody, Foster, O'Neal (Lauderdale), Grayson, Rogers (Lowndes), Greer (Perry), Sanford, Heflin (Chambers), Selheimer, Heflin (Randolph). Sollie, Jones (Montgomery). Spears, 782 Journal of Alabama Tavloe, Thompson, Watts, White, Williams ( Barbour ) — 23. Messrs. President, Banks, Barefield, Bartlett, Beddow, Bethune, Blackwell, Boone, Bulger, Cardon, Carnathon, Case, Cobb, Cofer, Coleman (Greene), Davis (DeKalb), Davis (Etowah), Dent, deGraffenried, Duke, Elev, Eyster, Espy, Fergi £on, Fletcher, r^oshee, I'>eeman, Gilmore, Glover, Graham ( Montgomery) , (ri-eer (Calhoun), FT a ley, Hand ley, Harrison, NAYS Hodges, Hood, Howell, Howze, Inge, -Jones (Bibb), Jones (Hale), Kirk, Kirkland, Knight, Led better, Leigh, Locklin, Lowe (Jefferson), Macdonald, McMillan (Baldwin),. Malone, Maxwell, Merrill, Miller (Marengo), Miller ( Wilcox j, Murphree, XetSmith, Norman, Norwood, Gates, Opp, G'Kear, Palmer, Parker ( Elmore) ^ Poarce, Pettus. Phillips, Pillans, Pitts, Constitutional Convention. 78S Porter, Stewart, Reese, Stiiddard, Reynolds (Chiltop), Vaiigban, Reynolds (Henry), Waddell, Robinson, Walker, Rogers (Sumter), Weakley, Samford, Whiteside, Searcy, Willett, Sentell, Williams (Marengo), Smith (Mobile), Wilson (Clarke). Smith, Morgan ]N[., Wilson (Washington), Sorrel 1, Winn— 96. Spragins, Section 3, as amended, was, on motion of Mr. Oates, adopted. reconsideration. Mr. Reese gave notice that on to-morrow he would move to reconsider the vote by which Section 3 was adopted. RECESS. Pending the further consideration of the report of the Committee on Legislative Department, the hour of 1 o'clock p. m. arrived, and under the rules the Con- vention recessed until 3:30 o'clock this afternoon. AFTERNOON SESSION. The Convention met pursuant to adjournment. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : 784 Journal of Alabama Messrs. President, Grant, Banks, Grayson, Barefield, Greer (Calhoun), Bartlett, Greer (Perry), Beavers, Haley, Beddow, Handley, Betlmne, Harrison, Blackwell, Refiin (Chambers), Boone, Hetlin (Kandolph), Brooks, Henderson, Browne, Hinsou, Bulger, Hodges, Burnett, Hood, Burns, Howell, Byars, Howze, Cardon, Inge, Carmichael (Colbert), Jones (Bibb), Carnathon, Jones (Hale), ■Case, Jones ( Montgomery ) , Chapman, Kirk, Cobb, Kirkland, Cofer, Knight, Coleman (Greene), Leigh, Cornwell, Loeklin, Davis (DeKalb), Lomax, Davis (Etowah), Long (Butler), Dent, Long (Walker), deGraffenried, Lowe (Jefferson), Dent, Lowe (Lawrence), Eley, Macdonald, Eyster, McMillan (Baldwin), Espy, :McMillan {Wilcox), Ferguson, Malone, l^itts, Martin, Fletcher, ^Maxwell. Foshee, :Merrill, Foster, Miller (Marengo). Freeman, driller (Wilcox), Gil more, Moody, Glover, ^Forrisette, Graham ( Montgomery ) , Mulkey, Constitutional Convention. 785 Murphree, NeSmith, Norman, Norwood, Gates, O'Neal (Lauderdale), Opp, O'Rear, Palmer, Parker (Cullman), Pettus, Phillips, Pillans, Pitts, Porter, Proctor, Renfro, Reynolds (Henry), Robinson, Rogers (Lowndes), Rogers (Sumter), Samford, Sanders, San ford. Searcy, Selheimer, Sentell, Sloan, Smith (Mobile), Smith, Morgan M., Sorrell, Stewart, Studdard, Tayloe, Thompson, Vaug'han, Walker, Watts, Weakley, Weatherly, White, Whiteside, Willett, Williams (Barbour), Williams (Marengo). Wilson (Clarke). Wilson (Washington) Winn— 131. ordinance on third reading. Mr. Lomax moved that the ordinance on Preamble and Declaration of Rights be taken up and ordered to a third reading. The motion prevailed and the ordinance was read a third time at length as follows : An ordinance adopting a Preamble and Declaration of Rights for the Constitution of the State of Alabama. Be it ordained by the people of the State of Alabama, in Convention assembled, that the following shall be the Preamble and Declaration of Rights of the Con- stitution of this State : 50 786 JouKXAL OF Alabama PREAMBI^. An ordinance adopting- a Preamble and Declaration of Rights for the Constitution of tlie State of Alabama. Be it ordained by tlie people of the State of Alabama, in Convention assembled, that the following shall be the Preamble and Declaration of Rights of the Constitntion of this State : PREAMBLE. We, the people of the State of Alabama, in order to establish justice, ensure domestic tran- quility, and secure the blessings of liberty to ourselves and our posterity invoking the favor and guid- ance of Almighty Ood — ^do ordain and establish the fol- lowig Constitution and form of government for the State of Alabama : ARTICLE — . DECLARATION OF RIGHTS, That the great, general and essential principles of libert}' and free government may be recognized and es- tablished, we declare: 1. That all men are equally free and independ- ent; that they are endoAved by their Creator with cer- tan inalienable rights ; that among these are life, lib- erty and the pursuit of happiness. 2. That all political power is inherent in the x^l)lf, and all free governments are founded on their authority, and instituted for their benefit; and that, therefore,, they have at all times an inalienable and indefeasible right to change their form of government in such man- ner as they may deem expedient. 3. That no rcdigion shall l)e established by law; that no preference shall be given by law to any religious sect, society, denomination or mode of worship; that no one shall be compelled by law to attend any place of wor- ship; nor pay any tithes, taxes or other rate for the Constitutional Convention. 787 building or repairing any place of worship, or for main- taining any minister or ministry; that no religious test shall be required as a qualification to any office or pub- lic trust under this State; and that the civil rights, privileges and capacities of auy citizen shall not be in any manner affected by his religious principles. 4. That no law shall ever be passed to curtail or re- strain the liberty of speech or of the press; and any person may speak, write and publish his sentiments on all subjects, being responsible for the abuse of that lib- erty. 5. That the people shall be secure in their ]>ersons, houses, papers and possessions from unreasonable seiz- ure or searches, and that no warrants shall issue to search any place or to seize any person or thing without probable cause, supported by oath or affirmation. 6. That in all criminal prosecutions, the accused has a right to be heard by himself and counsel or either; to demand the nature and cause of the accusation ; to have a copy thereof; to be cronf routed by the witnesses against him ; to have compulsory process for obtaining witnesses in his favor ; to testify in all cases, in his own behalf, if he elects so to do ; and, in all prosecutions by indictment, a. speedy, public trial, by an impartial jury of the county or district in which the offense was com- mitted; and that he shall not be compelled to give evi- dence against himself, nor be deprived of life, liberty or property but by due process of law ; but the General Assembly may, by a general law, provide for a change of venue for the defendant in all prosecutions b}'^ indict- ment, and that such change of venue on api^lication of the defendant, may be heard and determined without the personal presence of the defendant so" applying there- for; provided that at the time of the application for the change of venue the defendant is imprisoned in jail or some legal place of confinement. 7. That no person shall be a'ccused or arrested, or detained except in cases ascertained by law, and accord- ing to the form which the same has prescribed ; and no person shall be punished but by virtue of a law estab- lished and promulgated prior to the offense and legally applied. 788 Journal of ALAiiAMA 8. That no person shall, for any iudictalile offense, be proceeded against criminally, by information, except in eases arising in the militia and volunteer forces when in actual service, or when assembled under arms as a military organization, or b}' leave of the court, for mis- feasance, misdemeanor, extortion and oppression in office otherwise than is provided in this Constitution ; provided that in cases of misdemeanor, the General Assembly may, by law, dispense with a Grand Jury, and author- ize such prosecutions and proceedings before Justices of the Peace or such other inferior courts as xaaj be by law established. 9. That no person shall, for the same offense, be twice put in jeopardy of life or limb; but courts may, for reasons fixed by law, discharge juries from the con- sideration of any case, and no person shall gain any ad- vantage hj reason of such discharge of the jury. 10. That no person shall be barred from prosecuting or defending before any tribunal in this State, by him- self or counsel, any civil cause to which he is a i>arty. 11. That the right of trial by jury shall remain in- violate. 12. That in all prosecutions for libel or for the publi- cation of papers investigating the official conduct of oflflcers of men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence ; and that in all indict- ments for libel, the jury shall have the right to deter- mine the law and the facts under the direction of the. court. 13. That all courts shall be open; and that every per- son, for any injury done him, in his lands, goods, person or reputation, shall have a remedy by due process of law ; and right and justice shall be administered without sale, denial or delay. 14. That the State of Alabama shall never be made a defendant in any court of law or equity. 15. That excessive fines shall not be imposed, nor cruel or unusual punishments inflicted. 16. That all persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, Constitutional Convention. 789 when the proof is evident or the presumption great ; and that excessive bail shall not in anj^ case be required. 17. That the privilege of the writ of habeas corpus shall not be suspended by the authorities of this State. 18. That treason against the State shall consist onl}' in levying war against it, or adhering to its ene- mies, giving them aid and comfort; and that no persom shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or his own con- fession in open court. 19. That no person shall be attainted of treason by the General Assembly ; and that no conviction shall work corruption of blood or forfeiture of estate. 2(1. That no person shall be imprisoned for debt. 21. That no power of suspending laws shall be exer- cised except by the General Assembly. 22. That no ex po.st facto law, or any law, impairing the obligation of contracts, or making any irrevocable or exclusive grants of special privileges or immunities^ shall be passed by the General Assembly; and every grant of a franchise, privilege or immunity, shall for- ever remain subject to revocation, alteration or amend- ment. 23. That the exercise of the right of eminent domain shall never be abriged nor so construed as to prevent the General Assembly from taking the property and fran- chises of incorporated companies and subjecting them to public use the same as individuals. But private prop- erty shall not be taken or applied for public use, unless just compensation be first made therefor; nor shall pri- vate property be taken for private use or for the use of corporations, other than municipal, without the consent of the owner ; provided, however, that the General As- sembly may, by law, secure the persons or corporations the right of way over the lands of other persons or cor- porations, and by general laws provide for and regulate the exercise by person and corporation of the rights herein reserved; but just compensation shall, in all cases, be first made to the owner ; and, provided that the rght of eminent domain shall not be so construed as to allow taxation or forced subscription for the benefit of 790 Journal of Alabama railroads or any other kind of corporation, other than municipal, or for the benefit of anv individual or as- sociation. 24. That all navigable waters shall remain forever public highways, free to the citizens of the State, and of the United States, without tax, impost or toll; and that no tax, toll, impost or wharfage shall be demanded or received for the owner of any merchandise or com- modity for the use of the shores, or any wharf erected on the shores, or in or over the waters of any navigable stream, unless the same be expressly authorized by law. 25. That the citizens have a right, in a peaceable man- ner to assemble together for the common good, and to applj^ to those invested with the power of government for redress of grievances or other purposes, by petition, address or remonstrance. 2G. That every citizen has :i right to bear arms in de- fense of himself and the State. 27. That no standing army shall be kept up without the consent of the General Assembly, and in that case, no appropriation for its support shall be made for a longer term than one year; and the military shall, in :all cases and at all times, be in strict subordination to the civil power, 28. That no soldier shall, in time of peace, be quar- tered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law, 29. That no title of nobility or hereditary distinction, privilege, honor or emolument, shall ever be granted or conferred in this State; and that no office shall be created, the appointment to which shall be for a longer time than during good behavior. 30. Thjit immigration shall be cucouraged; emigra- tion shall not be prohibited, and that no citizen shall be exiled. 31. That tem]H)rary absence from the State shall not cause a forfeiture of residence once obtained. 32. That no form of slaverv sliall exist in this State; and there shall not be anv involuntarv servitude, other- CUNSTITUTIONAL CONVENTION. 791 wise than for the punishment of crime, of which the party shall have been duly convicted. 33. The privilege of suffrage shall be protected by laws regulating elections, and prohibiting, under ade- quate penalties, all undue influences from power, brib- -ery, tumult or other improper conduct. 34. Foreigners who are, or who may hereafter become bona fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment and inheri- tance of property, as native born citizens. 35. That the sole object and only legitimate end of gOA-ernment is to protect the citizen in the enjoyment of life, liberty and property, and when the government assumes other functions, it is usurpation and oppres- sion. 36. In the government of this State, except in the instances in tliis Constitution liereinafter expressly di- rected or permitted, the Legish\tive Department shall never exercise the Executive or Judicial powers, or either of them; the Executive shall never exercise the Legislative and Judicial powers, or either of them; the Judicial shall never exercise the Legislative and Exe- cutive powers, or either of them ; to the end that it may be a government of laws and not of men. 37. That this enumeration of certain rights shall not impair or deny others retained by the people; and, to guard against any encroachments on the rights herein retained, we declare that everything in this Declaration of Eights is excepted out of the general powers of gov- ernment, and shall forever remain inviolate. Mr. Louuix moved that the ordinance be adopted. The motion prevailed: Yeas, 117; nays, 2. YEAS, Messrs. President, Rlackwell, Banks, Boone, Barefield, Brooks, Bartlett, Bulger, Beddow, Burns, Bethune, Cardon, 792 Journal of Alabama. Carmichael ( Colbert ) , Carnathon, Case, Chapman, Cobb, Cofer, Coleman (Greene), Cornwell, Davis (DeKalb), Davis (Etowah), Dent, cleGraffenried, Duke, Eley, Eyster, Espy, Ferj^uric n, Fitts, Fletcher, Foshee, Foster, Freeman, Gilmore, Glover, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Hodjies, Hood. Howell, Howze, Inse, Jones (Bibb), Jones (Hale), Jones (Montgomery).. Kirk, Knight, I^edbetter, Leigh, Locklin, Lomax, Long (Butler),. Long (Walker), Lowe (Jefferson),. Macdonald, McMillan ( Baldwin )y Mah)ne, ^Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Murphree, XeSmith, Norman, Norwood, Gates, G'Neal (Lauderdale),. O'Neill (Jefferson), Opp, O'Rear, Palmer, Pearce, Pettus, Pillans, Pitts, Porter, P]-(>ftor, Reese, Reynolds (Henry), Robinson, Rogers (Lowndes),. Rogers (Sumter),. Samford, Sanders, Sanford',. Constitutional Convention. 793- Searcy, Waddell, Selheimer, Walker, Sentell, Watts, Smith (Mobile), Weakley, Smith, Morgan M., Weatherly, Sorrell, White, Spragins, Whiteside, Stewart, Williams (Barbour), Studdard, Wilson (Clarke), Tayloe, Wilson (Washington). Thompson, Winn — 117. Vaughan, NAYS. Messrs. Byars, AVillett — 2. The ordinance was referred to the Committee on Order, Consistency and Harmony of the Whole Con- stitution. UNFINISHI^D BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was the report of the Committee on Legislative Department. SECTION four. Was read at length as follows: Sec. 4. Senators shall be at least twenty-seven years of age, and Representatives twenty-one years of age; they shall have been citizens 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 countv or district from which the same shall have been taken ; and they shall reside in their respective counties or dis- tricts during their terms of service. Mr. Rogers, of Lowndes, offered the folIowing^ amendment to Section 4, which was adopted : Substitute word "residents" in line two for the word "inhabitants." 794 Journal of Alabama Mr. Dnke offered the following amendment to Sec- tion 4 : Amend Section 4: of Article on Legislative Depart ment bv striking out the word "twenty-seven'' in the iirst line of said section and inserting in lieu thereof the word "twenty-five." On motion of Mr. Oates the amendment of Mr. Duke was adopted. Mr. Eyster offered the following amendment to Sec- tion 4 : Amend by striking out "twenty-one'' in the first and second lines and insert in lieu thereof the words "twen- ty-five.'' On motion of Mv. Pettus the amendment of Mr. Eys- ter was laid on the table. Mr. Burns offered the following amendment to Sec- tion 4: Shall have been a white qualified elector and electors for three years. On motion of :\[r. Samford, the amendment of Mr. Burns was laid upon the table. 3Ir. Oates offered the following amendment to Sec- tion 4 : Amend by adding after the word "citizens'' in line two of the printed copy the following: "And residents of this State for three years." The amendment of Mr. Oates was adopted. Mr. Burns offered the following amendment to Sec- tion 4 : Strike out resident and citizen and insert qualified elector. On motion of Mr. Oates the amendment of Mr. Burns W'^as laid upon the table. On motion of Mr. Oates Section 4, as amended, was adopted. SECTION FIVE. Was read at length as follows: Sec. 5. The Legislature shall meet quadrennially, a,t the Capitol in the Senate Chamber and in the Hall of Constitutional Convention. 795 the House of liepreseiitatives, (except in cases of the destruction of the Capitol, or epidemics, when the Gov- ernor may convene them at such phice in the State as he may deem best), on the day specified in this Consti- tution, or on such otlier day as may be prescribed by law; and shall not remain in session longer than sixty davs at the first session held under this Constitution, nor longer than fift}' days at any subsequent session. Mr. Williams, of Barbour, offered the following amendment to Section 5 : Amend Section 5 by striking out the word "quadren- nially" and inserting in the place of the same the word ^4)ierinially." Mr. Long, of Walker, offered the following substitute for the amendment offered by Mr. Williams of Barbour: Amend Section 5 by striking out the word "quadren- nially" in the first line and inserting "biennially'' in- stead; also by striking the word "fifty'' in the sixth and inserting the words "twenty-five" in lieu thereof. iMr. Rogers, of Sumter, demanded the previous ques- tion upon Section 5, and the pending amendments. The question recurred upon the substitute for the amendment. Mr. Lowe, of Jefferson, asked for a discussion of the question contained in the substitute for the amend- ment. The Chair held that Mr. Lowe, of Jefferson, was out of order in that the substitute for the amendment con- tained but one proposition and could not be dividecl. Mr. Lowe, of Jefferson, thereupon appealed from the decision of the Chair. The Chair Avas sustained. The question recurred upon the substitute offered by Mr. Long, of Walker, for the amendment offered by Mr. Williams, of Barbour. The substitute offered by Mr. Long, of Walker, was lost: Yeas, 15: navs, 105. 796 Journal of Alabama YEAS, Messrs. Bartlett, Jones (Bibb), Beddow, Ledbetter, Carmichael (Colbert), Long (Walker), Grayson, O'Neill (Jefferson), Haley, Sanford, Harrison, Waddell, Henderson, AYinn — 15. Hinson, NAYS. Messrs. President, Freeman, Banks, Gilmore, Barefield, Glover, Bethune, Graham ( Montgomery )y Blaekwell, Greer (Calhoun), Boone, Greer (Perry), Brooks, Handley, Browne, . Heflin (Chambers), Bulger, Heflin (Randolph), Byars, Hodges, Carnatlion, Hood> Case, Howell, Chapman, Howze, Cobb, Inge, Cofer, Jones (Hale), Coleman (Greene), Jones (Monto'omerv),, Cornwell, Kirk, Davis (DeKalb), Knight, Davis (Etowah), Leigh, Duke, Lockiin, Eley, Long (Butler), Eyster, Lowe (Jefferson), Espy, :\IcMil]an (Baldwin),. Ferguson, ]N Fa lone. Fitts, Martin, Fletcher, ^laxwell, Foshee, l\rerrill. Foster, ]\ri]ler (Marengo),. Constitutional Convention. 797 Miller (Wilcox), jVIoody, JVIurphree, NeSmith, Norman, Norwood, 'Gates, O'Neal (Lauderdale), O'Rear, Palmer, Parker (Elmore), Pearce, Pettiis, Phillips, Pillans, Porter, Proctor, Reese, Reynolds (Henry), Robinson, Rogers (Lowndes), Rogers (Sumter), Samford, Sanders, Searcy, Selheimer, Sentell, Sloan, Smith (Mobile), Smith, Morgan M., Sorrell, Spears, Spragins, Stewart, Studdard, Tayloe, Thompson, Vaughan, Walker, Watts, Weakley, Weatherly, White, Whiteside, Williams (Barbour), Williams (Marengo), Wilson (Clarke), Wilson (Washington) -105 tlie The question recurred upon the adoption of amendment offered by Mr. Williams, of Barbour. The amendment of Mr. Willams, of Barbour, was lost Yeas, 48; nays, 76. YEAS. Messrs. Banks, Beddow, Brooks, Bulger, Burns, Byars, Cardon, Carmichael (Colbert), Case, Cobb, Duke, Eyster, Espy, Foshee, Foster, Grayson, Oreer (Perry), Haley, 798 Journal of Alabama Handley, Heflin (Chambers), lletiin (Randolph), Hood, Howell, Jones (Bibb), Jones (Montgomery), Ledbetter, l.eigh. Long (Walker), Lowe (Jefferson), .Martin, bloody, O'Neill (Jefferson), Parker (Elmore), Phillips, I'roctor, IJobinson, Rogers (Lowndes), iSamford, Sanford, Sellieiuier, SoUie, Spears, Thompson,. \\'atts, Weakley,, White, ^ Williams (Barbour), Winn— 4S. Messrs. President, Barefield, Bartlett, Bethune, Blackwell, Boone, Browne, Carnathon, Chapman, ( 'ofer, Coleman (Greene), Cornwell, Dnvis (DeKalb), Davis (Etowah), Eley, I'ergnson, Fitts, l-']etf'her. Freeman, Cilniore, Crlover, Craham ( Montgomery) , Greer (Calhoun), NAYS Harrison, Henderson,. Hinson, Hodges, Howze, Inge, Jones (Hale),. Kirk, Knight, l^ocklin, I^ong (Butler), McMillan (Baldwin), Malone, Mnxwell, Merrill, Miller ( jNIarengo), Miller (Wilcox^ Murphrec^, NeSmith, Norman, Norwood, Gates, O'Neal ( Lauderdale ) , Constitutional Convention. 799 Opp, O'Kear, Palmer, Pearce, Pettus, Pillans, Pitts, Porter, Keese, Reynolds (Henry), Rogers (Sumter), Sanders, Searcy, Sentell, Sloan, Smith (Mobile), Smith, Morgan M.. Sorrell, Spragins,, Stewart, Studdard, Tayloe, Vaiighan, Waddell, Walker, Weatherly, Whiteside, Williams (Marengo) Wilson (Clarke), Wilson ( W^ashingtou)- "G. reconsideration. Mr. Rogers, of Snmter, moved to reconsider the vote by which the amendment of Mr. AVilliams, of Barbour, was lost, and then moved to lay his motion to reconsider on the table ; and for that purpose he moved a suspension of the rules. The yeas and nays were demanded on the suspension of the rules. The motion to suspend the rules was lost: Yeas, 65; navs. 55. YEAS. Messrs. President, Bethune, ^hickwell, Boone, Browne, Byars, Carnathon, Case, Chapman, Cofer, Coleman (Greene), Cornwell, Davis (DeKalb), Davis (Etowah), Eley, Espy, I'erguson, r^itts. Fletcher, Foshee, Gilmore, Glover, 800 Journal of Alabama Greer (Calhoun), Harrison, Hodges, Howze, Inge, Jones (Bibb), Jones (Hale), Kirk, Leigh, Loeklin, McMillan (Baldwin) Malone, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Murphree, Norman, Norwood, •Gates, G'Rear, Palmer, Pearce, Phillips, Pillans, Pitts, Porter, lieynolds (Henry), Kogers (Sumter), Sanders, Searcy, Sentell, Sorrell, Spragins, Stewart, Stiiddard, Vaugiian, Waddell, ' Walker, Weatherly, "S^liiteside, Williams ( Marengo ) , Winn — 65. NAYS. Messrs. Banks, Barefield, Bartlett, Beddow, Brooks, Bulger, Burns, Cardon, Carmichael (Colbert), Cobb, Duke, Eyster, Foster, Freeman, Graham (Montgomery), Grayson, Greer (Perry), Haley, Heflin (Chambers), Heflin (Randolph), Henderson, Hinson, Hood, Howell, Jones (Montgomery), Ledbetter, Long (Butler), Long (Walker), Lowe (Jefferson), Martin, bloody. NeSniith, Constitutional Convention. 801 O'Neal (Lauderdale), Smitli (Mol)ile), O'Neill (Jefferson), SoUie, Parker (Elmore), Spears, Opp, Tayloe, Pettus, Thompson, Proctor, Watts, Reese, ^A'eaklev, Robinson, White, Rogers (Lowndes), Williams (Barbour), Samford, ' Wilson (Clarke), Sanford, Wilson (Washington) — 55. Selheimer, Mr. Wilson, of Clarke, raised the point of order that it did not require a suspension of the rules to reconsider a vote upon any incidental or subsidary question, but that such questions could be reconsidered when the motion to reconsider was made. The point of order was sustained. The question recurred upon the motion of Mr. Rogers of Sumter to table the motion to reconsider the vote by which the amendment of Mr. Williams, of Barbour, was lost. The motion to reconsider was laid upon the table. On motion of Mr. Rogers, of Sumter, Section 5 was adopted. RECONSIDERATION. Messrs. Sollie, O'Neal of Lauderdale, and Burns gave notice that on to-morrow they would move to re- consider the vote by which Section 5 was adopted. adjournment. Pending the further consideration of the report of the Committee on Legislative Department, the hour of 6 o'clock p. m. arrived, and under the rules, the Conven- tion adjourned until :30 o'clock to-morrow morning. 51 802 JouRXAL OF Alabama. FORTY-SEVENTH DAY. CoxvEXTiON Hall. Montgomery, Ala., Wednesday, July 17, 1901.. The Convention met pursuant to adjournment. Prayer Avas offered by Rev. Mr. A[cDaniel of the city. ROLL call. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : Messrs. President, Banks, Barefield, Bartlett, Beddow, Bethune. Blackwell, Boone, Brooks, Browne, Bulger, Burnett, Burns, Byars, Cardon, Carmichael (Colbert), Case, Chapman, Cobb, Coleman (Greene), Coleman (Walker), Corn well, Craig, Davis (DeKa lb), Davis (Etowah), Dent, Duke, Eley, Eyster, Espy, I'erguson, Fitts, Fletcher, Foshec, l-^)stc'r, Freeman, (iilmore, (Hover, Graham ( Montgomery),. Graham (Talladega), Grayson, Greer (Calhoun), Haley, Hand ley, Harrison, Iloflin (Chambers), Heflin (Randolph),. Hinson, Hodges, Hood, . Howell, ntvwze,. Constitutional Convention. 803 Inge, Porter, Jackson, Proctor, Jones (Bibb), Reese, Jones (Hale), Reynolds (Chilton), Jones (Montgomery), Reynolds (Henry), Jones (Wilcox), Ivobinson, Kirk, Rogers (Lowndes), Kirkland, Rogers (Sumter), Knight, Samford, Leigh, Sanford, Locklin, Searcy, Lomax, Selheimer, Long (Butler), Sentell, Long (Walker), Sloan, Lo\Ye (Jefferson), Smith (Mobile), jMacclonald, Smith, Mac. A., McMillan (Baldwin), Smith, Morgan M.^ McMillan (Wilcox), Sollie, Malone, Sorrell, Martin, Spragins, Maxwell, Stewart, Merrill, Studdard, Miller (Marengo), Tayloe, Miller (Wilcox), Thompson, Moody, Vaughan, Miirphree, Waddell, NeSmith, Walker,, Norman, Watts, Norwood, Weakley, Gates, Weatherly. O'Neal (Lauderdale), White, O'Neill (Jefferson), Whiteside, Opp, Willett, O'Rear, Williams ( Barbour} , Palmer, Williams (Marengo), Parker (Elmore), Wilson (Clarke), Pearce, Wilson (Washington), Pillans, Winn— 129. 804 Journal of Alabama leaves of absence. Was granted to Messrs. Graham of Montgomery for to-dav, and to Mr. Carnathou indefinitely; to Mr. Kvle of Etowah for to-dav and Sanders for last Monday and yesterday; to Mr. Bethiine for Thursday, Friday and Saturday. The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in: The Committee on the Journal beg leave to report that they have examined the Journal for the forty-sixth day of the Convention and that the same is correct. liespectfully submitted, John P. Proctor^ Chairman. RESOLUTIONS ON FIRST READING. The following resolutions were introduced, severally read one time at length and referred to appropriate committees, as follows: Kesolution 249, by Mr. Williams, of Marengo: Be it resolved, That on motions to reconsider, 20 minutes, and no more, shall be allowed to each side for speech making, and thereupon a vote shal be taken. The resolution was referred to the Committee on Rules. Resolution 250, by Mr. Burns: Resolved, That no delegate shall, at the close of his remarks or speech, make a motion to lay on the table, or call for the previous question. The resolution was referred to the Committee on Rules. STENOGRAPHIC REPORT. Mr. Chapman called the attention of the Convention to a certain error in the stenographic report of the pro- ceedings of yesterday. The report was ordered corrected. Constitutional Convention. 805 reconsideration. Mr. Jones^ of Montgomery, moved to reconsider the vote by which Section 5 of the article reported by the Committee on Legislative Department was adopted on yesterday. Mr. Rogers, of Sumter, moved to table the motion of Mr. Jones, of Montgomery, to reconsider. Yeas, 67; nays, 55. YEAS. Messrs. President, Barefield, Bethune, Blackwell, Boone, BroAvne, Burnett, Case, Chapman, Coleman (Greene), Craig, Davis (DeKalb), Eley, Espy, Ferguson, Fitfs, Fletcher, Gilmore, Glover, Graham (Talladega), Greer (Calhoun), Hodges, Howze, Inge, Jones (Hale), Jones (Wilcox), Kirk, Kirkland, Lock! in, Macdonald, McMillan (Baldwin) McMillan (Wilcox), Malone, Maxwell, Miller (Marengo), Miller (Wilcox), ^lurphree, NeSmith, Norman, Norwood, Gates, O'Rear, Pearce, Pettus, Pillans, Pitts, Porter, Reynolds ( Chilton )y Reynolds (Henry), Rogers (Sumter), Sanders, Searcy, Sentell, Sloan, Smith, Mac. A., Smith, Morgan M.. Sorrell, Spragins, 806 Journal of Alabama Stewart, Studdard, Tayloe, Vauglian, Waddell, Walker, Weatherly, Whiteside, Williams (Marengo) — 67 NAYS. Messrs. Banks, Bartlett, Beddow, Brooks, Bulger, Burns, Byars, Oardon, Carmichael (Colbert), Cobb, Davis (Etowah), Duke, Poshes, Foster, Freeman, •Grayson, Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Hinson, Hood, Howell, Jackson, Jones (Bibb), Jones ( Montgomery) , Knight, Leigh, Lomax, Long (Walker), Lowe (Jefferson), Martin, Moody, O'Near (Lauderdale), O'Neill (Jefferson), Opp, Palmer, Parker (Elmore), Proctor, Kobinson, Rogers (Lowndes), Sanford, Selheimer, Smith (Mobile), SoUie, Spears, Thompson, ' Watts, Weakley, Willett, Williams (Barbour), Wilson (Clarke), Wiison (Washington) Winn — 55. PAIRS ANNOUNCED. The following pair was announced : Messrs. Cornwell and White. Mr. Cornwell would vote aye, and Mr. White would vote nay. Constitutional Convention. 807 question of personal privilege. Mr. Beddow arose to a question of personal privilege and stated his question of privilege. REPORT OF STANDING COMMITTEES. Mr. Hetliu, of Kaudolpli, chairman of the Committee on Schedule, Printing- and Incidental Expenses, called Tip for adoption the report of said Committee. The report was read at leiigth as follows, and adopted, and the President was authorized to draw a warrant on the State Auditor for the several amounts and in favor of the several firms and persons mentioned in said re- port. REPORT OF THE COMMITTEE ON SCHEDULES, I'RIXTING AND INCIDENTAL EXPENSES. Mr. President : The Committee on Schedule, Printing and Incidental Expenses have instructed me to make the following par- tial report, viz. : The committee has audited the accounts hereto at- tached, and find that the State of Alahama is indebted to the Brown Printing Co., of ^lontgomerv, Ala., in the sum, of 1176.90 for printing; We find that the said ' State is indebted to J. W. Terry, of Montgomery, Ala., for the use of a typewriter from Mav 24tli to June 24th, in the sum of |5. We find that the said State is indebted to Ed C. Fow- ler Co., of ^Montgomery, Ala., in the sum of |8.60. We find that tlie said State is indebted to J. W. Terry of ]Montgomerv, Ala., in the sum of |16 for services ren- dered Rules Committee up to May 27th, 1901. We find timt said State is indebted to W. W. Hay- good of Montgomery, Ala., in the sum of |1.25. We find that said State is indebted to Miss Eunice Tiichards for tvpewriting done for the Committee on Preamble and Declaration of Rights in the sum of f 7.50. 808 Journal of Alabama We find that said State is indebted to Marsliall & Bruce Co., of Nashville, Tenn., in the sum of |4:8.25. We find that the said State is indebted to Ed C. Fow- ler Co., of Montgomery, Ala., in the sum of f4,.T5. We find that the said State is indebted to Jos. E. Lougstreet in the sum of |8 for services rendered to the Committee on Suffrage and Elections, in making 54 copies of the report of said coinmittee. We find that said State is indebted to Mis& Georgia Connelly in the sum of |(3 for stenographic work done for Committee on Suffrage and Elections. All of the above amounts are for printing done, for articles furnished State of Alabama for use of Consti- tutional Couvention, and for services rendered to com- mittees of said Convention, and all of the above amounts are itemized as shown by bills hereto attached. Total amount |2S2.25, and we recommend the payment of the same. All of which is respectfuly submitted. John T. Heflin, Chairman Committee on Schedule, Printing and Incidental Ex- penses. Mr. Smith, of Mobile, chairman of the Committee on Judicary, submitted the following report, together with the minority reports, which were read at length, laid on the tal)le and 300 copies ordered printed : REPORT OF THE COMMITTEE OX .JUDICIARY. The Committee on Judiciary has carefully considered and discussed all of the provisions of Article 6 of the Constitution of 1875, relating to the Judicial Depart- ment of the State, together with the several ordinances relating to that department, and instructs me to report to the Convention, and recommend the adopion of, the subjoined article. No radical departure has been made from the judicial system of the State as established bv the Constitution of 1875. but the article has been so written as to give more elasticity to the judicial system of tiie State, so as to en- able the Legislature to extend or modify the system, from time to time, as mav be necessary to moet Ihe nefMls Constitutional Convention. 809' of the State as its wealth and population increase, anJ to make a more economic and s^'stematic arrangement of the system. The article reported does not change the jurisdiction, of the Supreme Court, nor create any other court of final resort, but makes it possible for the Legislature tO' create an inferior appellate court, to relieve the Supreme Court of any excess of labor that may be placed upon it,, should the increasing litigation of the State hereafter require it. The common law and chancery jurisdictions as separ- ate and distinct systems are retained, and no change whatever is made in the practice under these separate and distinct s^'stems; but the Legislature is authorized to confer both jurisdictions upon the Circuit or Chan- cery Courts or upon such inferiur courts as the Legis- lature may from time to time create, so as to enable the- Legislature, if it shall become necessary for the convenr ience of business, to provide for the holding of courts more frequently in the various counties of the State, with but little, if any, additional expense to the State. With the same view, the limitations upon the number of the circuit and chancery divisions into which the State is divided have been removed, and, in lieu thereof, it has been provided that no circuit or chancery division- shall contain less than three counties, unless there be embraced tlierein a county having a population exceed- ing 20,000 and taxable property exceeding |3,500,000 in value, and that such counties need not be included in any circuit or chancery division unless the value of its taxable property or its population shall be reduced below such limits. In the opinion of tlie committee it is probable that many of such counties will be able to maintain inferior courts with common law and equity jurisdiction, and the purpose of the committee is to en- able the Legislature to give to such counties separate- courts to attend to their business, when the litigation of such counties will justify it, and make such inferior courts take the place of both the Circuit and Chancery Courts in the counties in which theA' shall be established!. ■810 Journal of Alabama The system of Probate Courts and their jurisdiction is left wholh' uuchanged; but it is provided that when- ever any court having equity jiowers has taken juris- diction of the settlement of any estate, such court shall have the power to do all things necessary for the set- tlement of such estate, including the appointment and removal of administrators, executors, guardians and trustees, and includng action uix)n the resignation of either of them. The article reported makes no change in the office or jurisdiction of Justices of the Peace, but provides that the Legislature may create inferior courts, with the jurisdiction (vf a Justice of the Peace, for any precinct or precincts lying within any incorporated town or city having a population of more than 2,500 inhabitants, to supersede and take the place of all Justices of the Peace in such precincts, whenever such courts may be deemed by the General Assembly to be Avise, and further pro- vides that the (xovernor, except where otherwise pro- vided by the General Assembly, shall have power to ap- point one Notary Public with the Jurisdiction of a Jus- tice of the Peace in each precinct in which the election of Justices of the Peace shall be authorized. The article as rewritten makes no change in the terms of office of Chancellors, Circuit Judges and Judges of Probate, but provides that in case of a vacancy in the office, the Governor shall fill such vacancy by appoint- ment, and that such appointees shall hold office until the next general election held at least six months after the vacancy occurs, and until a successor is elected and qualified, and, further, that whenever any new circuit or chancery division is created, the judge or chancellor thereof shall be elected at the next election for Repre- t?entatives to the General Assembly, for a term to ex- pire at the next general election for Judges and Chan- cellors; provided, that if such new circuit or chancery division is created more than six months before tlie next election of Kepresentatives to the General Assembly, the Governor sliall appoint some one as Judge or Chan- cellor, as the case may be, to hold office until such elec- tion. OUXSTITUTIUNAL CUNVEXTIU-N. 811 Tlie article, as reported, allows the Geueral Assembh' to provide the method of election or appoiutmeiit of the Jiidj^es of such inferior courts as may be created. The article reported provides for the election of Chief Justices ami Associate Justices of the Supreme Court at the time and place fixed by law for the election of members of the House of Representatives of the Con- gress of the United States until the General Assembly shall, by law, change the time for holding such election; it provides that the term of the Chief Justice who shall be elected in 1904:, shall be six years, and that two of the Associate Justices to be elected in 1904 shall hold office until 1906, and that the remaining two Associate Jus- tices elected in 1901 shall hold office until 1908, and that the Associate Justices elected in 1901 shall draw or cast lots among themselves to determine which of them shall hold office for the terms ending, respectively in 1906 and 1908, and that the successorsOf the Chief Jus- tice and Associate Justices elected in 1901, and all Chief Justices and Associate Justices thereafter elected shall hold office for a term of six years, and that in the event of an increase or reduction in the number of Associate Justices of the Supreme Court the General Assembly shall provide, as nearly as may be, for the election each second year of one-third of the number of such Justices. Kolicitffrs are made elective by the people of the sev- eral territorial subdivisions of the State in which they are to serve. In all other nuiterial respects the ])rovisious of the Constitution of 1875 remain unchanged. A uuijority of the committee have voted in favor of each section of the article as reported; but several mem- bers of the cimimittee did not give their assent to cer- tain of such sections, nor do they hold themselves bound to suDport, in the Convention, each of the sections that have been reported by the committee; several of them have prepared minoritv reports a])plying to one or more of the sections reijoTtcd bv the committee, which are herev.ith presented to the Convention. Gregory L. Smith, Chairman of Judiciarv Committee. 812 Journal of Alabama minority reports. Mr. President : The imdersigned members of the Committee on the Judiciary do not concur in the majority report so far as it refers to Sections 25 and 27 of the article reported, and the}' recommend the adoption of the following sec- tions in lieu of said Sections 25 and 27 respectively : Sec. 25. The clerk of the Supreme Court shall be elected by the qualified electors of the State for a term, of six years. Any vacancy in the office of such clerk shall be filled by appointment by the Justices of the Supreme Court for the unexpired term. Said clerk shall not, after the expiration of the term of the clerk now in office, receive to his use any fees, costs, perquisites of office, or compensation other than a salary to be pre- scribed by law, which shall not be diminished during his official term. Sec, 27. Kegisters in Chancery may be removed from office by the Chancellors, resi)ectively, for cause, to be entered at length upon the minutes of the Court. Respectfully submitted, R. W. Walker, O. R. Hood, J. M. JONES^ W. H. Tayloe. John A. Davis, William C. Fitts. John T. Ashcraft. NoRViLLE R. Leigh. Jr.,. E. W. Coleman. J. T. Kirk. minority report. The undersigned member of the committee differs from the majority as to Section 29 of said report, and Avouhl suagest the following change in the last para- graph of tlie section : Strike out the word "except" and strike out the word "otherwise" in the last paragraph of Section 29. J. ]McLean Jones. COXSTITUTIOXAL Cuxvkxtkjx. 813 3Ir. President: The un(lersi<;iied member of the Committee ou Judi- ciary does not concur iu the report of the majority of the committee iu recommending the adoption of Sections 2 and 9 of said report. I object to tlie adoption of Section 2 of said report for tlie reason it empowers the General Assembl}- to create an intermediate Court of Appeal, which, in my judgment, is unwise. The object of the majority of the committee is to furnish relief to the Supreme Court. The relief needed can be furnished when necessary by Increasing the number of Associate Justices. I object to the creation of said court for the further reason there will be irreconcilable conflict in the decision of this and the Supreme Court, which would render the law uncertain on many questions to the great annoyance of the people. The expense of sustaining this court will, in my judgment, cost the State about |] 5,000 per an- num. The addition of two Associate Justices to the Supreme Court will not cost more than half of that amount. I therefore offer as a substitute for Section 2 the following: Sec. 2. Except in cases otherwise directed in this Constitution, the Supreme Court shall have appellate jurisdiction only, which shall be coextensive with the State, under such restrictions and regulations not re- pugnant to this Constitution as may from time to time be prescribed by law; provided, the Supreme Court shall have power to issue writs of injunction, habeas corpus, quo warranto, and such other remedial and ori- ginal Avrits as may be necessary to give it a general superintendence and control of inferior jurisdiction. I object to the adoption of Section 9 as reported by the committee : First, this section provides for the establishment of too many Circuit Courts and Courts with Circuit and Chancery jurisdiction. Under the report of the com- mittee, the General Assembly is authorized to establish at the cost of the State a court in nineteen counties with 'Circuit and Chancery Court jurisdiction, which with the 814 JuuKXAL OF Alabama thirteen Circuit Courts aud live Cliaueer}* Courts, as now exist, will make tliirty-seven courts to do the work that is now beinjj; done l)y thirteen Circuit Judges and five Chancellors. 1 further object to Section 9 as re- ported by the conimittee for the reason it authorizes the General Assembly to abolish the Court of Chancery. The system of separate Chancer^' Courts has been too long a part of the judicial system of this State to be now abolished. I therefore otter as a substitute for Section 9, as reported by the committee, the following : Sec. 9. Any ctmnty having a population exceeht years, and until their successors are elected nnd <]ualified, and in the year 1914, and every four years thereafter, two of such Associate Justices shall be elected by the qualified electors of the State for a term of eight years and until tlieir successors are elected and qualified. The Asso- Constitutional Convention. 819 ciate Justices of said court elected in the year 11)10 shall draw or cast lot among themselves to determine which of them shall hold office for the terms ending respectively in the years 1914 and 1918, and until their successors are elected and qualified, the result of said determina- tion to be certified to the Oovernor by such Associate Justices or a majority of them, prior to the first day of Januarj^, 1911, and also to be entered upon the minutes of the court. In the event of the failure of said Asso- ciate Justices to make and certify such determination, the Governor shall designate which of said Associate Justices shall go out of office in 1914 and 1918 respect- ively, and issue his proclamation accordingly. In the event of the increase or reduction by law of the number of Associate Justices of the Supreme Court, the Gen- eral Assembly shall, as nearly as may be, provide for the election every four years of one-half of the whole num- ber of. Justices, including the Chief Justice of said court, for a term of eight years. Iiespectfully submitted, Thos. H. Watts, NORVILLE R. LeIGH^ JK. J. McLean Jones, Wm. H. Samford. H. Pillans. JUDICIAL DEPARTMENT. Section 1. The judicial powers of the State shall be vested in the Senate sitting as a court of impeachment, a Supreme Court, Circuit Courts, Chancery Courts, Courts of Pro^bate, such courts of law and equity infer- ior to the Supreme Court, and to consist of not more than five members, as the General Assembly from time to time may establish, and such persons as may be by law invested with powers of a judicial nature; but no court of general jurisdiction, at law or in equity, or both, shall hereafter be established in and for any one county having a population of less than 20,000, or property as- sessed for taxation at a less valuation than |3,500,000. 820 Journal of Alabama Sec. 2. Except in cases otherwise directed iu this Constitution, tlie t^upreme Court shall have appellate jurisdiction only, which shall be coextensive with the State, under such restrictions and regulations, not re- pugnant to this Constitution, as may from time to time be prescribed by law, except where jurisdiction over ap- peals is vested in some inferior court, and made final therein ; provided, that the Supreme Court shall have power to issue writs of injunction, habeas corpus, (juo Avarranto, and such other remedial and original writs as may be necessar}- to give it a general superintendence and control of inferior jurisdictions. Sec. 3. The Supreme Court shall be held at the seat of government, but if that shall become dangerous from any cause, it may adjourn to another place. Sec. 4. Except as otherwise authorized iu this arti- cle, the State shall be divided into convenient circuits. For each circuit there shall be chosen a judge, who shall, for one year next preceding his election and dur- ing his continuance in office, reside iu the circuit for which he is elected. Sec. 5. The Circuit Court shall have original juris- diction in all matters civil and criminal within the State not otherwise excepted in this Constitution; l)ut in civil cases, other than suits for libel, slander, assault and battery, and ejectment, it shall have jurisdiction only where the matter or sum in controversy exceeds fifty dollars. Sec. 6. A Circuit Court, or a court having the juris- diction of the Circuit Court, shall be held in each county in the State at least twice in every year, and judges of the several courts mentioned in this section may hold court for each other when they deem it expedient, and shall do so when directed by law. The judges of the sev- eral courts mentioned in this section shall have power to issue writs of injunction, returnable in the Courts of Chancery, or courts having the jurisdiction of Courts of Chancery. Sec. 7. The General Assemldy shall have power to establish a Court or Courts of Chancery, with original and appellate jurisdiction, except as otherwise author- Constitutional Coxvkxtiox. 821 ized iu this article. The State shall be divided by the General Asseiuhly into convenient Chancery districts; eacli division shall be divided into districts, and for each division there shall be a chancellor, who shall have re- sided for one year next preceding; his election or ap- pointment, and durin.i>' his continnance iu office in the division for which he shall be elected or appointed. Sec. 8. A Chancery Court, or a court haviui;- the juris- diction of the Chancery Court, shall l)e held in eaih dis- trict, at a place to be fixed by law, at least twice in each year, and the chancellors may hold court for each otlier when they deem it necessary. Sec. 9. Any county haviuiJ!, a population exceeding 20,000, according to the next preceding Federal census, and also taxable property exceeding |3,500,000 in value, according to the next preceding assessment of property for State and county taxation, need not be included in any circuit or chancery division ; but if the value of its taxable property shall be reduced below that limit, or if its population slmll be reduced below that number, the (leneral Assembly shall include such county in a circuit and chancery division or either, embracing more than one count}^ No circuit or chancery division shall contain less than three counties, unless there be end)raced therein a county having a population exceeding 20,000, and taxable prop- erty exceeding 13,500,000. The General Assembly may confer upon tlie Circuit Court or the Chancery Court the jurisdiction of both of said courts. In counties hav- ing two or more courts of record, the General Assembly may provide for the consolidation of all or any of such courts of record, except the Probate Court, with or without separate divisions, and an a])])ropriate number of Judires for the transaction of the business of such consolidated court. Sec. 10. The General Assembly shall have ])ower to establish in each county within the State a court of Pro- bate, with general jurisart of the amendment was laid upon the table. The question recurred upon the motion to table the last part of the amendment of ^fr. ^Murphree, which reads as follows : Add at the end of Section the words "the members using free railroad passes shall not be entitled to any mileage from the State." The motion to table was lost: Yeas, 40; nays, 75.. Constitutional Convention. 829 YEAS. ^Messrs. Banks, Barefield, Browne, Bulger, Byars, Cardqn, Carmichael (Colbert), Case, Chapman, Coleman (Greene), Craig, Davis (DeKalb), Davis, (Etowah),' Duke, Foshee, Foster, Gilmore, Greer (Calhoun), Greer (Perry), Harrison, Heflin (Chambers), Heflin (Randolph), Howell, Inge, Kirklaud, Maxwell, XeSinith, Gates, G'Kear, Pearce, Pitts, Proctor, Kevnolds (Henry), Rogers (Sumter), Searcy, Sentell, Sloan, Sorrell, Stewart, Studdard, Vaughan, Waddell, Weatherlv, Willett, Williams ( Marengo ) , Wilsoh ( Washington ) —46. NAYS. Messrs. Beddow, Bethune, Blackwell, Brooks, \Burnett, Burns, Cobb, Cofer, deGraffenried, Eley, Espy, Fletcher, Freeman, Glover, Graham (Talladega), Grayson, Haley, Handley, Hinson, Hood. Howze, Jackson, Jones (Bibb), Jones (Hale), Jones ( Montgomery) , Jones (Wilcox), 830 Journal of Alabama Kirk, Knight, Leigii, Locklin, Lomax, Long (Walker), Lowe (Jefferson), Macdonald, McMillan ( Baldwin > , McMillan (Wilcox), Malone, Martin, :Merrill, Miller (Marengo), Miller (Wilcox"), Mood3% Miirpliree, Norma n, Norwood, O'Neal (Lauderdale), O'Neill (Jefferson), (Jpp, Palmer, Parker (Elmore), Pettos, Pillans, Keese, lievnolds ( Chilton) ^ Kobinson, Kogers (Lowndes)^ Samford, tSanders, Sanford, Smith (Mobile), Smith, Mac. A,, Smith, Morgan M.,. Spears, Spragins, Tavloe, Thompson, Walker, Watts, Weaklev, Wliite, '^ Whiteside, Williams ( Barbour) , Wilson (Clarke) Winn — 75. Mr. Watts offered the following substitute for the amendment of Mr. Murphree, which was read at length. Amend Section by adding thereto any person who, while holding office in this State, or in any city or county thereof, including members of the General As- sembly, solicits or accepts for himself or another or uses any free transportation, or transportation at a less rate than is open to the public generally, issued or granted by any corporation or any officer thereof, shall be guilty of a misdemeanor, and shall, upon conviction of such offense, forfeit his office. RECESS. Pending the further consideration of the report of the Committee on Legislative Department, tlie hour of 1 o'clock p. m. arrived, and under the rules tlie Conven- tion recessed until 3:30 o'clock tliis afternoon. Constitutional Convention. 831 AFTERNOON SESSION. The Convention met pursuant to adjournment. roll call. On a call of the roll of the Convention, the following delegates answered to their names, which constituted a quorum : Messrs. President, Foshee, Banks, Foster, Barefield, (xilmore, Bartlett, Glover, Beddow, Graham ( Talladega ) . Bethune, Grayson, Black well, Greer (Calhoun), Boone, Greer (Perry), Brooks, Haley, Browne, Handley, Bulger, Harrison, Burns, llellin ^Randolph), Bya?s, Hinson, Cardon, Hodges, Carnathon, Hood, Case, Howell, Chapman, Howze, Cobb, Inge, Cofer, Jackson, Coleman (Greene), Jones (Bibb), Cornwell, .Jones (Montgomery), Craig, Jones (Wilcox), Davis (DeKalb), Kirk, Davis (Etowah), Kirkland, defTraffenried, Knight, Duke, Led better. Eley, Leigh, Eyster, Locklin, Espy, Long (Walker), Pitts, Lowe (Jefferson), Fletcher, Macdonald, 83^2 Journal of Alabama McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, JNlaxw.-il, Merrill, Miller ( Marengo ) , Miller (Wilcox^, Moody, Muri)liree, XeSniitli, Norman, Norwood, Gates, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, O'Kear, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Pillans, Pitts, Porter, Proctor, Reese, Reynolds (Henry), Robinson, liOgers (Lowndes), Rogers (Sumter), Samford, Sanders, Sanford, Searcy, Sellieimer, Sentell, Sloan, Smith (Mobile), Smith, Mac. A., Smith, Morgan M. Sorrell, Thompson, Vaughan, Waddell, ^Valker, Watts, W^eakley, Weatherlv, Wliite, Whiteside, Willett, Williams (Barbour), Wilson (Clarke), Wilson (Washington), Winn— 119. LEAVE OF. ABSENCE. Was granted to Messrs. Oilmore indefinitely; Ash- craft for to-day and to-morrow ; Bartlett for Thursday, Friday and Saturday. RECONSIDERATION. 'Sir. Hinson moved to reconsider the vote by which the previous question was ordered upon the adoption of Section 6 and amendments thereto. The motion to reconsider was lost. Constitutional Convention. 833 UNFINISHED BUSINESS. The Convention x>roceeded to the consideration of Tthe unfinished business, which was the report of the Committee on Legislative Department. The question was upon the adoption of the substitute ■offered by Mr. Watts for the amendment offered by Mr. Murphree to Section 6. The substitute was lost : Yeas, 51 ; nays, 72. YEAS. Messrs. Banks, Beddow, Boone, Brooks, Cobb, deGraffeuried, Duke, Espy, Fitts, Fletcher, Glover, Graham (Talladega), Handley, Hood, Jackson, Jones (Bibb), Jones (Hale), Jones ( Montgomery ) , Kirk, Leigh, Loeklin, Lowe (Jefferson), McMillan (Baldwin), Malone, Merrill, Miller (Marengo), 53 Miller (Wilcox), Moody, Murphree, Norwood, Oates, O'Neal (Lauderdale), Parker (Elmore), Pettus, Pillans, Pitts, Robinson, Banders, Sanford, Selheimer, Smith, Mac. A., Smith, Morgan M. Sollie, Spears, Spragins, Stewart, Vaughan, Walker, Watts, AYhite, Winn— 51. 834 Jour:s:al of Alabama- NAYS. Messrs. President^ Barefield, Bartlett, Blackwell, Browne, Bulger, Burnett, Burns, Byars, Cardoa, Carmichael (Colbert), Case, Chapman, Cofer, Coleman (Greene), Cornwell, Craig, Davis (DeKalb), Davis (Etowah), Eley, Eyster, Foshee, Foster, (rilmore, Gravson, Greer ( Calhoun ) , Greer (Perry), Haley, Harrison, Heflin (Chambers), Hell in (Randolph), Hinson, Hodges, Howell, Howze, Inge, Jones (Wilcox),. Kirkland, Knight, • Long (Walker), ^lacdonald, McMillan (Wilcox), Martin, Maxwell, NeSmith, Xorman, O'Neill (Jefferson), Opp, O'Kear, Palmer, Parker (Cullman), Pearce, Porter, Proctor, Keese, Reynolds (Henry), Searcy, 8entell, Sloan, Smith (Mobile), Sorrell, Studdard, Thompson, Waddell, Weakley, Weatherly, Whiteside, Willett, Williams (Barbour), Williams (Elmore), Wilson (Clarke). Wilsion ( Washington) — 72. Constitutional Convention. 835 PAIRS ANNOUNCED. The folloAving- pairs were aniionnced : Messrs. Lomax, Almon, Rogers of Sumter, and Wil- liams of Marengo. Messrs. Lomax and Eogers of Sum- ter would vote are, and Messrs. Almon and Williams of Marengo would vote nay. Mr. White moved to suspend the rules for the purpose of reconsidering the vote whereby the previous question was ordered upon Section 6 and amendment thereto. The motion was lost : Yeas, 65 ; nays, 59. YEAS. Messrs. Banks, Bartlett, Beddow, Boone, Brooks, Burns, Chapman, Cobb, Coleman (Greene), deGraffenried, Duke, Eley, Espy, Fitts, Fletcher, Foster, Glover, Graham (Talladega). Grayson, Handley, Hinson, Hodges, Hood, Howze, Jackson, Jones (Bibb), Jones (Hale), Jones (Montgomery), Kirk, Leigh, Locklin, Lomax, Malone, Martin, Merrill, Miller (Marengo)^ Miller (Wilcox), Moody, Murphree, Norman, Norwood, Gates, O'Neal (Lauderdale), Opp, Parker (Elmore), Pettus, Pillans, Pitts, Robinson, Samford, Sanders, Sanford, Searcy, Selheimer, Smith, Mac. A., Smith, Morgan M., Sollie, Siiears. 836 Journal of Alabama Spragins, Vaugban, Walker, Watts, Messrs. President, Barefield, Blaekwell, Browne, Bulger, Burnett, Byars, Cardon, Carmichael (Colbert), Case, Cofer, Cornwell, Craig, Davis (DeKalb), Davis (Etowah), Eyster, Posliee, Gilmore, Greer (Calhoun), Greer (Perry), Haley, Harrison, Heflin (Chambers), Heflin (Randolph), Howell, Inge, Jones (Wilcox), Knight, Long (Walker), Macdonald, White, Whiteside, Winn — 05. NAYS. McMillan (Baldwin), McMillan (Wilcox), Maxwell, NeSmith, O'Neill, ( Jefferson ) , O'Kear, Palmer, Parker (Cullman), Pearce, Porter, Proclor, Reese, Reynolds (Henry), Rogers (Lowndes), Sentell, Sloan, Smith (Mobile), Sorrell, Stewart, Studdard, Thompson, Waddell, Weakley, Weatherly, Willett, Williams (Barbour), Williams (Elmore), Wilson (Clarke), Wilson (Washington) — 59. PAIR ANNOUNCED. The following pair was announced. : Messrs. Rogers of Sumter and Williams of Marengo. Mr. Rogers of Sumter would vote aye, and Mr. Williams of Marengo would vote nav. Constitutional Convention. 837 The question recurred upou the adoption of the amend- ment offered by Mr. Murphree. The amendment of Mr .Murphree was lost. Section 6, as amended, was adopted. SECTION SEVEN. Was read at length as follows : Sec. 7. The Legislature shall consist of not more than thirty-three Senators, and not more than one hun- dred members of the House of Kepresentatives ; to be apportioned among the several districts as prescribed in this Constitution; provided, that upon the creation of any new county it shall be entitled to one Kepresen- tative in addition to the number above named. By unanimous consent the words "and counties" were inserted in the third line before the word "as" and after the word "districts." Mr. Pitts offered the following amendment to Sec- tion 7 : Amend Section 7 of the ordinance reported by the Committee on Legislative Department by striking out the word "thirty-three" in the first line of said section, and inserting in lieu thereof the word "thirty-five," and by striking out the words "one hundred" in the second line and insertng in lieu thereof the words "one hundred and five." The amendment of Mr. Pitts was adopted. Mr. Jones, of Montgomery, offered the following amendment to Section 7 : Amend Section 7 by adding at the end thereof the fol- lowing words : "No member of the Legislature shall ask, receive, accept or use for himself or for the benefit of another, any free pass, or any ticket sold at a discount other than as sold to the public generally. Any mem- ber of the Legislature violating the provisions of this section is guiltv of a misdemeanor, and on conviction shall be fined |250 and forfeit his office." The amendment of Mv. Jones, of Montgomery, was laid upon the table. Yeas, 65; nays, 58. 838 Journal of Alabama YEAS. Messrs. President, Barefield, Bartlett, * Blaekwell, Browne, Bulger, Burnett, Byars, Cardon, Carmichael (Colbert), Case, Cofer, Coleman (Greene), Cornwell, Crai"" Davis' (DeKalb), Davis (Etowah), Eyster, Ferguson, Fosliee, Greer (Calhoun), Greer (Perry), Haley, Harrison, Heflin (Chambers), Heflin (Randolph), Hinson, Hodges, Inge, Jackson, Jones (Wilcox), Kirkland, Messrs. Banks, Beavers, Beddow, Boone, Brooks, Knight, Long (Walker), Macdonald, McMillan (Wilcox), Miller (Marengo), NeSmith, O'Neill (Jefferson), Opp, O'Kear, Parker (Cullman), Pearce, Pitts. Porter, Proctor, Keynolds (Henry), Ivogers (Lowndes), Searcv, Sentell, Sloan, Smith (Mobile), Sorrell, Stewart, Stnddard, Thompson, Waddell, Weakley, Willett," Williams (Barbour), Williams (Elmore), Wilson (Clarke), Wilson ( Washingi:on ) — 65. NAYS. . Burns, Cobl), • Duke, Elev, Constitutional Convention. 839 Espy, Fitts, Fletcher, Freeman, Olover, Graham (Talladega), Grayson, Handley, Hood, Howze, Jones (Bibb), Jones (Hale), Jones (Montgomery), Kirk, Leigh, Lockliti, Lomax, McMillan (Baldwin), Malone, Martin. Maxwell, Merrill, Miller (Wilcox^ Moody, Murpbree, Norman, Norwood, Gates, O'Neal (Lauderdale) Palmer, Parker (Elmore), Pettus, Pillans, Keese, liobinson, Samford, Sanders, Sanford, Selheimer, Smith, Mac. A , Smith, Morgan M.. Sollie, Spears, Spragins, Vanghan, Walker, Watts, White, Winn— 58. PAIRS ANNOUNCED. The foll'OwiTig pairs were announced : ]\Iessrs. llogers of Sumter, and Williams of Marengo ; Jenkins and Cliapman. Messrs. Williams of Marengo, and Jenkins would vote aye, and Messrs. Rogers of Sumter, and CliapmaTi would vote nay. On* motion of Mr. Gates Section 7, as amended, was ^adopted. SECTION EIGHT. Was read at leiigtb as follows, and adopted : Sec. 8. Tlie Senate, at the beginning of each regular session, and at such other times as may be necessary, sliall elect one of Its meml»ers President thereof, to pre- 840 JouRXAL or Alabama side over the deliberations in tlie absence of the Lieuten- ant Governor ; and the House of Rei^resentatives, at tlie- beginning of each regular session, and at such other time as may be necessary, shall elect one of its mem- bers as Speaker; and the President of the Senate and the Speaker of the House of Representatives shall hold their offices respectively until their successors are elected and qualified. In case of temporary disability of either of said presiding officers, the House to which he belongs may ele'ct one of its members to preside over that House and to perform all the duties of such officer under disability during the continuance of the same; and such temporary officer, while performing duty as such, shall receive only the same compensation to which the permanent officer is entitled by law. Each House shall choose its own officers and shall judge of the elec- tion, returns and qualifications of its members. SECTION NINE., Was read at length as follows, and adopted : Sec. 9. A majorit}^ of each House shall constitute a quorum to do business; but a smaller number may ad- journ from day to day and may compel the attendance of absent members, in such manner and under such pen- alties as each House may provide. SECTION TEN. Was read at length as follows, and adopted : Sec. 10. Each House shall have power to determine the rules of its proceedings and to punish its members or other persons, for contempt or disorderly behavior in its presence ; to enforce the obedience to its process ; to protect its members against violence, or offers of bribe or corrupt solicitation; and with the concurrence of two-thirds of either House, to expel a member, but not a second time for the same offense ; and shall have- all the powers necessarv for the Leuislature of a free- State. ; Constitutional Convention. 841 section eleven. Was read at length as follows, and adopted : Sec. 11. A member of either Honse expelled for cor- riijDtion shall not thereafter be eligible to either House, and punishment for contempt or disorderly behavior shall not bar an indictment for the same offense. SECTION TWELVE. Was read at length as follows : Sec. 12. Each House shall keep a Journal of its pro- ceedings and cause the same to be published immediate- ly after its adjournment, excepting such parts as, in its judgment, may require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one-tenth of the members present, be entered on the Journal. Any member of either House shall have liberty to dissent from or protest against any act or resolution which he may think injurious to the- public, or an individual, and have the reasons for his dissent entered on the Journal. Mr. Sanford offered the following amendment to Sec- tion 12: Amend Section 12 by adding the words ''but the- Journal of the Senate and House of Representatives shall not be held by the courts to impart absolute ve- rity, but their truthfulness may be inquired into like any other statement in a court of justice." On motion of Mr. Oates, the amendment of Mr. San- ford was tabled. Mr. Freeman offered the following amendment to Section 12, which was, on motion of Mr. Oates, laid up- on the table : Amend Section 12 by striking out in second line of said section, after the wcrd "adjournment;'' also line three to where "and" sets in after the word secrecy. On motion of Mr. Oates Section 12, as amended, was- adopted. 842 Journal of Alabama section thirteen. Was read at length as follows, and adopted : Sec. 13. Members of the Legislature shall, in all cases, except treason, felony, violation of their oath of office, and breach of the peace, be privileged from ar- rest during their attendance at the session of their re- spective Houses, and in going to and returning from the same; and for any speech or debate in either House they shall not be questioned in any other place. SECTION FOURTEEN. Was read at length as follows: Sec. 14. The doors of each House shall be opened ex- cept on such occasions as, in the opinion of the House, may require secrecy, but no person shall be admitted to the floor of either House while the same is in session, except members of the Legislature, the officers and em- plo3'es of the two Houses, the Governor and his secre- taries, representatives of the press, and su'ch other per- sons to whom either House, by unanimous vote, may ex- tend the privileges of its floor. Mr. Heflin, of Randolph, offered the following amend- ment to Section 11 : Amend Section 14 by striking out the word "unani; nious'' in the fifth line, and insert in lieu thereof the Avords "a majority." On motion of Mr. Oates, the amendment of ^[r. Heflin, of Rnndolph, was laid upon the table. On motion of ]Mr. Oates, Section 14 was adoj)ted. SECTION FIFTEEN. * Was read at length as follows and adopted: Sec. 15. Xeither House shall, without consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting. Constitutional Convention. 843 section sixteen. Was read at length as follows : See. 16. No Senator or Representative shall, during the term for Avhieh he shall have been elected, be ap- pointed to any office of profit under this State, which shall have been created, or the emoluments of which shall have been increased during such term, except such offices as maj be filled by election by the people. AD.JOURNMENT. Pending the further consideration of the report of the Committee on Legislative Department, the hour of 6 o'clock p. m. having arrived, under the rules the Con- vention adjourned until 9 :30 o'clock to-morrow morn- ing- FORTY-EIGHTH DAY. Convention Hall, Montgomery, Ala., Thursday, July 18, 1901. The Convention met pursuant to adjournment. Prayer was ottered by Rev. Mr. McDaniel of the city. ROLL CALL. On a call of the roll of the Convention, the following delegates answered to their names, which constituted a quorum : Messrs. President, Boone, Altman, Brooks, Banks, Browne, Barefield, Bulger, Beddow, Burns, Blackwell, Byars, 844 Journal of Alabama Cardon, Carmichael ( Colbert ) , Carmichael (Coffee), Case, Chapman, Cobb, Cofer, Coleman (Greene), Cornwell, Craig, Cunningham, Davis (DeKalb), Davis (Etowah), deGraffenried, Duke, Eley, Evster, Espy, Ferguj3CD, Fitts, Fletcher, Foshee, Foster, Freeman, Glover, Graham (Montgomery), Graham ( Talladega) , Greer (Calhoun), Greer (Perry), Handley, Harrison, Heflin (Randolph), Hinson, Hf^dges, Hood, Howell, Howze, Inge, Jaclcson Jones (Bibb), Jones (Hale), Jones (Montgomery),. Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Leigh, Locklin, Lomax, Long (Butler), Long (Walker), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), ' Moody, Murphree, XeSmith, Norman, Norwood, Gates, O'Neal (Lauderdale), Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Pillans, Pitts, Porter, Proctor, Keese. ' Reynolds (Chilton), CO>ySTITUTIOXAL CONVENTION. 845 Robinson, Stewart, Rogers (Lowndes), Studdard, Rogers (Sumter), Tayloe, Samford, Thompson, Sanders, Vaiighan, Sanford, Waddell, Searcy, Walker, Selheimer, Watts, Sentell, Weakley, Sloan, White, Smith (Mobile), Whiteside, Smith, Mac. A., Willett, Smith, Morgan iNI., Williams (Barbour), Sollie, Williams (Marengo) Sorrell, Wilson (Clarke), Spears, Winn — 126. Spragins, LEAVE OF ABSENCE. Was granted to Messrs. Weatherly for to-day; Tay- loe for yeterday; Dent for to-day and to-morrow morn- ing; Case, Norwood, Miller of Marengo, and Byars in- definitely. REPORT OF JOURNAL COMMITTEE. The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in : The Committee on the Journal beg leave to report that they have examined the Journal for the forty- seventh day of the Convention, and that the same is eorrect. Respectfully submitted, John F. Proctor, Chairman. RESOLUTIONS ON FIRST READING. The following resolutions were introduced, severally read one time at length, and referred to appropriate committees, as follows : Resolution 251, by Mr. Davis, of Etowah : 846 Journal of Alabama Whereas, This Convention has just received an invi- tation to move its place of deliberation to Bellevne Hotel, on Lookout Mountain, overlooking (ladsden, Ala., where the temperature never goes ahove 85 degrees Fahrenheit, and with ample room to accommodate all the members and employees of this Convention, and Whereas, This Convention has recenth' experienced a temperature of 105 degrees in the hall of the House of Representatives; therefore be it Resolved, That after Saturday, the 20th day of July,, this Convention do adjourn to meet on Monday, the 22d of July, at said Bellevue Hotel, there to continue its de- liberations. The resolution was referred to the Committee on Judiciary. Resolution 252, by Mr. Howell : ^^liereas. It is alwa^-s becoming in any people to give- expressions of gratitude to the Giver of all Good ; Therefore, be it resolved, That we, for ourselves and in behalf of all the people of the State, whom Ave repre- sent, that our sincere and devout thanks are offered up to the benign Giver of every blessing for the welcome and copious showers of rain which are falling all over the State, that there will be "bread for the eater and seed for tlie sower." On motion of ]Mr. Howell the rules were suspended, and the resolution 252 was adopted. Resolution 254, by Mr. Pillaus: Resolved, That the privileges of the tloor of this Con- vention be and are extended to the Hon. J. H. Bank- head. The rules wt^-e suspended and the resolution adopted. ORDINANCES ON FIRST READING. The following ordinances were introduced, severally read one time at length, and referred to appro])riate committees, as follows: Ordinan(^e 421, by Mr. Cornwall: Provides for the formation of the county of "Houston" from the counties of Jefferson, Tuscaloosa and Bibb. Constitutional Convention. 847 The ordinance was referred to the Committee on State and Connty Boundaries. Ordinance 422, by jJr. ir^anford: To make liolders of stock in an^^ corporations tliat have combined for the transaction of business, liable as co-partners for the debts and obligations of such cor- porations. The ordinance was referred to the Committee on Legislative Department. Ordinance 423, b}^ Mr. deGratfenried : To repeal Sections 8 and 9 of the Article heretofore adopted b}- this Convention on the subject of Banks and Banking. The ordinance was referred to the Committee on Banks and Banking. stenographic report. Messrs. Williams of Marengo, and O'Neal of Lauder- dale, called the attention of the Convention to certain errors in the stenographic report of the proceedings of yesterday. The report was ordered corrected. question of personal privilege. Messrs. Sentell, Coleman of (rreene, and Jones of ^Montgomery, arose to a question of personal privilege, and proceeded to state their question of personal privi- lege. report op standing committees. Mr. Smith, of Mobile, acting chairman of the Com- mittee on Rules, reported favorably the following reso- lution, which was adopted : Resolution 253, by Committee on Rules : Resolved, That each delegate may speak ten minutes and no longer upon anj^ motion to reconsider the action of the Convention upon an}' matter upon which it has acted. •848 Journal of Alabama Mr. Browne, chairman of the Committee on Taxation, ^submitted the foiloAviug report, which was laid upon the table and 300 copies ordered printed, and to be taken up for consideration when the report of the Committee on Taxation is taken uij for further consideration. Mr. President : The Committee on Taxation instructs me to rei^ort the following proviso to Section 10 of Artcle XI, viz : Provided, This section shall not apply to the cities of Shettield and Tuscumbia. And the following additional section to said article viz : Sec. 11. The Legislature may levy a tax of not more than two and one-half per centum (2-i) on ever^' one hundred (100) dollars of the value of all estate, real, personal and mixed, money, public and private securi- ties of every kind passing from any person who may die seized and possessed thereof, being in this State or any part of such estate, money or securities, or interest therein transferred by the intestate laws of this State, or by will, deed, grant, bargain, sale or gift, made or in- tended to take effect in possession after the death of the grantor, devisor or donor, to any person or persons, l)odies politic or corporate, in trust or otherwise, other ;than to or for the use of the father, mother, husband, wife, brothers, sisters, children or lineal descendants of rthe grantor, devisor, donor or intestate. And recommend the adoption of the same, Eespectfully submitted, Cecil Browne^ Chairman Committee on Taxation. Mr. Samford, chairman of the Committee on Engross- ment, submitted the following report, which was laid upon the table to be taken up at the pleasure of the Convention : Mr. President : . The Committee on Engrossment have examined and icomparc^d tlie following articles, to- wit : .Constitutional Convention. 849 State and County I^ouudaries, Local Legislation, J^anks and Banking, and find them correctly engrossed. Respectfully submitted, Wm. H. Samfukd^ Chulniuiii. UNFINISHED BUSINESS. The Convention proceeded to the consideration of .the unfinished business, which was the report of the Committee on Legislative Department. The question was upon the adoption of Section 16 of the article reported by the Committee on Legislative De- partment. Section 16 was, on motion of Mr. Pettus, adopted. section seventeen. Was read at length as follows : Sec. 17. No person hereafter convicted of embezzle- ment of the public money, bribery, perjury, or other in- famous crime, shall be eligible to the Legislature, or capable of holding an}' office of trust or profit in this State. Mr. Watts offiM'cd the folk) wing amendment to Sec- tion 1 r : Amend SecLion 17, report Legislative Committee by adding thereto the .following words, viz : "No negro sliril be permitted to hold office in this State." Mr. Burns offered the following substitute for the amendment of ]Mr. W^atts : And no person who is not a white, qualified voter, shall hold any offipe under this State. On motion of Mr. Coleman, of Greene, the amend- ment of Mr. AVatts and the substitute of Mr. Burns were laid upon the table and 300 copies of eacli ordered printed, to be taken up at tlie pleasure of the Convention, Mr. White offered the following amendment to Sec- tion 17, which was adopted : Amend Section 17 bv striking out the word "here- after" in line 1. On motion of My. Oates Secton 17, as amended, was adopted. 54 850 Journal of Alabama section eighteen. Was read at length as follows, and adopted : Sec. 18. Xo law shall be passed except by bill, and no bill shall be so altered or amended on its passage through either House as to change its original purpose, SECTION NINETEEN. AA^as read at length as follows : Sec. 19. No bill shall become a law until it shall have been referred to a standing committee of each House, acted upon h\ the committees in session, and returned therefrom, which fact shall affirmatively appear upon the Journal of each House. Mr. Browne offered the following amendment to Sec- tion 19 : Strike out '"the committees" and insert ''such com- mittees." The amendment was adopted, and Section 19, as amended, was adopted. SECTION TWENTY. Was read at length as follows : Sec. 20. Every bill shall be read on three different days in each House, and no bill shall become a law un- less on its final passage it be read at length, and the vote be taken by yeas and nays, the names of the mem- bers voting for and against the same to be entered on the Journal, and a majority of each House be recorded thereon as voting in its favor, except as otherwise pro- vided in this Constitution. Mr. Harrison offered the following amendment to Section 20 : Amend Section 20 by inserting between the words "of and "each" where they occur on the fourth line of said section, the words "those elected to." On moton of ^Ir. Bulger the amendment of Mr. Har- rison was laid upon the table. Mr. Sanford offered the following amendment to Sec- tion 20: Constitutional Convention. 851 Amend Section 20 by insertini' in tlie second line of said section, after the Avords at length, the words "which fact shall be entered on the Journal." On motion of ]Mr. Gates the amendment of Mr. San- ford was laid upon the table. Mr. Long, of Walker, offered the following amend- ment to Section 20 : Amend Section 20 in the fourth line by striking out the words ''in its favor.'" On motion of ^Ir. Oates the amendment of Mr. Long^ of Walker, was laid upon the table. On motion of ]Mr. Oates, Secton 20 was adopted. SECTION TWENTY-ONE. Wa« read at length as follows, and adopted : Sec. 21. No amendment to bills shall be adopted ex- cept by a majority of the House wherein the same is offered, nor unless the amendment with the names of those voting for and against the same shall be entered at length on the Journal of the House in which the same is adopted, and no amendment to bills by one House shall be concurred in by the other, unless by a vote taken by yeas and nays, and the names of the mem- bers voting for and against the same be recorded at length on the Journal ; and no report of a committee of conference shall be adopted in either House, except upon a vote taken by yeas and nays, and entered on the Jour- nal, c^s herein provided for the adoption of amendments, SECTION TWENTY-TWO. Was read at leng-th as follows, and on motion of Mr. Oates was stricken out: Sec. 22. The Legislature shall pass general laws under which local and private interests shall be pro- vided for and protected. 852 Journal of Alabama sectio x t w e x t y-t hree. Was read at length as follows, and adopted : Sec. 23. The Legislature shall have no power to authorize lotteries or gift enterprises for any purpose, and shall pass laws to prohibit the sale of lottery or gift enterprise tickets, or tickets in any scheme in the nature of a lottery, in this State; and all acts, or parts of acts heretofore passed by the Legislature of this State, authorizing a lottery or lotteries and all acts amenda- tory thereof, or supplemental thereto, are hereby avoided. SECTION TWENTY-FOUR. Was read at length as follows : Sec. 24. 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 Legislature, after the same shall have been publicly read at length, immediately before the signing, and the fact of reading and signing shall be entered upon the Journal ; but the reading at length may be dispensed with by a two-thirds vote of a quorum present, which fact shall also be en- tered on the Journal. Mr. deGraffenried offered the following amendment to Section 24 : Amend by striking from Section 24 all after the word "JouruaF' in the fourth line. Mr. Samford offered the following substitute for the section and pending admendment: 24. The presiding officer of each House shall, in the presence of the House over Avhich he presides, sign all bills and joint resolutions passed by the General As- sembly after the titles have been publicly read imme- diately before signing, and the fact of signing shall be entered on the Journal. By unanimous consent Mr. Pettus offered the follow- ing amendment to the substitute offered by Mr. Sam- ford, which was adopted: Constitutional Convention. 853 Provided, That on the request of any member, the bill shall be read publicly at lennth before signing. The question was upon the adoptio]i of the substitute offered by Mr. Samford. The substitute was lost. The question recurred upon the adoption of the amend- ment offered by Mr. deGraffenried. Mr. Harrison offered the following substitute for the amendment of Mr. deGraffenried : Amend vSection 24 by striking out all after the word "shall" on the first line of said section, and inserting in lieu thereof the following, to- wit: "Sign all bills and joint resolutions passed by the Legislature after having first carefully read and examined the same.'' On motion of Mr. Espy the amendment of Mr. Har- rison was laid upon the table. The amendment of Mr. deGraffenried was lost. On motion of Mr. Gates Section 24 was adopted. SECTION TWENTY-FIVE. Was read at length as follows, and adopted : Sec. 25. The Legislature shall prescribe by law the num- ber, duties and compensation of the officers and employes of each House, and no payment shall be made from the State Treasury or be in any way authorized to any per- son except to an acting officer or emx3loye elected or appointed in pursuance of law. ADJOURNMENT. Pending the further consideration of the report of the Committee on Legislative Department the hour of 1 o'clock p. m. arrived, under the rules the Convention recessed until 3 :30 o'clock this afternoon. AFTERNOON SESSION. The Convention met pursuant to adjournment. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : 854 JOURNAL OF Alabama Messrs. President, Altman, Banks, Barefield,. Bartlett, Beavers, Beddow, Betliune, Blackwell, Boone, Brooks, Browne, Bulger, Burnett, Burns, Byars, Cardon, Carmicliael (Colbert), Case, Chapman, Cobb, Coleman (Greene), deGraffenried, Duke, Eley, Eyster, Espy, Ferguson, Fitt^s. Fletcher, Foshee, Foster, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers) ""flJn (Kandolph), Hinson, Hodges, Fcwell, Howze, Inge, Jackson, Jenkins, Jones (Montgomery), Jones ( Wilcox), Kirk, Kirkland, Knight, Kyle, Leigh, Lorn ax. Long (Butler), Long (Walker), -Macdonald, McMillan (Baldwin), -McMillan (Wilcox), ^lalono, Martin, Maxwell, Merrill, .Milh'r (Wilcox), Moody, Mnrpliree, V(^ Smith, Xorman, Gates, O'Neal (Lauderdale), Opp, G'Pear, Pa 1 111 or, Pai'ker (Cullman), Parker (Elmore), Pearce, IN'ffus, Piiillips,- Pillans, Pitts. • Proctor, Constitutional Convention. 855 Eeese, Spears, Reynolds (Cliilton), Spragins, Rogers (Lowndes), Stewart, Rogers (Sumter), Thompson, Samford, Vaughan, Sanders, Waddell, Sanford, Walker, Searcy, Weakley, Selheimer, White, Sentell, Whiteside, Sloan, Willett, Smith (Mobile), Williams (Barbour), Smith, Mac. A., \Mlliams (Marengo), Smith, Morgan INI., AVilson (Washington). Sorrell, Winn — 114. unfinishj:d business. The Convention proceeded to the consideration of the unfinished business, which was the report of the Com- mittee on Legislative Department. section twenty-six. Was read at length as follows : Sec. 26. The Legislature 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 em- ploye, agent or contractor, after services 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. Mr. Jones, of Wilcox, offered the following amend- ment to Section 26 : Provided, This section shall not apply to allowance, made by Commissioner's Court or Boards of Revenue, to icounty officers for ex-officio services. The amendment of Mr. Jones, of Wilcox, was adopted. 856 Journal of Alabama Mr. Howze offered the following amendment to Sec- tion 2G, wliieli was adopted: Amend hy inserting after the word "made" in the fifth line, the words "nor to increase or decrease the fees and compensation of snch oflQcers during their term of office." On motion of Mr. Gates Section 2G, as amended, was adopted. SECTION TWENTY-SEVEN. Sec. 27 During any regnlar session of the Legislar ture the aggregate appropriations made shall not exceed in amount the income from the revenues of the State for the current fiscal year, as estimated by the Governor- and Auditor. Was read at length. By unanimous consent the word ''annual" was in- serted before the word ''appropriations'' and after the word "aggregate." Mr. Jones, of Wilcox, offered the following substi- tute for Section 27 : During any regular session of the Legislature the ap- propriation nmde for each of the four years before the next meeting of the Legislature shall not exceed in amount the income from the resources of the State for each of said years, respectively, as estimated by the Governor and Auditor." Mr. Merrill moved to table the section and amend- ments. The motion wais lost. Mr. Pettus offered the following substitute for Sec- tion 27 and the substitute offered l)y Mv. Jones, of Wil- cox : Sec. 27. During any regular session of the Legisla- ture the aggregate appropriation made shall not exceed in amount the income from the revenues of the State available before the last day of thp next regular session of the Legislature, as estim'ated l)y tlu^ Govei-nor and Auditor. Constitutional Convention. 857 On motion of Mr. Gates, the substitute of Mr. Pettus was laid upon the table. The question recurred upon the adoption of the sub- stitute otfered by Mr. Jones, of Wilcox, for Section 27, The substitute was adopted. The question was upon the adoption of Section 27 as amended. Section 27, as amended, was adopted : Yeas, 92 ; naj' s,. 30. YEAS. Messrs. President, Altman, Barefield, Bethune, Boone, Browne, Burns, Byars, Cardon, Chapman, Cobb, Coleman (Greene), Cornwell, Craig, Cunningham, . Davis (DeKalb), deGraffenried, Duke, Eley, Eyster, Espy, Ferguson, Fitts, Fletcher, Foster, Freeman, Glover, Graham (Montgomery), Graham (Talladega). Grayson, Greer (Calhoun), Greer (Perry), Harrison, Heflin (Randolph), Hodges, Howell, Howze, Inge, Jackson, Jenkins, Jones (Wilcox), Kirk, Knighl, Kyle, Leigh, T.ocklin, Long (Walker), !Macdonald, ^McMillan (Baldwin) Mc:\rillan (Wilcox), Malone, Martin, Maxwell, Miller (Wilcox), ^ Foody, ^furphree, NeSmith, Gates, ms JouENAL OF Alabama Opp, Palmer, Parker (Cullman), Parker (Elmore), Pearee, Pillans, Pitts, Porter, Proctor, IJeevse, Reynolds (Henry), Rogers (Lowndes), Rogers (Sumter), Samford, Sanders, Sanford, :Searcy., Sentell, Sloan, Smith (Mobile), Smith, Mac. A. Smith, Morgan M., Sorrell, Spragins, Stewart, Studdard, Tayloe, Vaughan, Whiteside, Williams (Barbour), Williams ( Marengo ) , Wilson (Clarke), Wilson (Washington) Winn— 1)2. NAYS. llessrs. Banks, Beddow, Blackwell, Brooks, Bulger, Carmichael (Colbert), Davis (Etowah), Foshee, Haley, Hood, Jones (Bibb), Jones (Montgomery), Kirkland, Lomax, Merrill, Norman, O'Neal (Lauderdale), O'Neill, (Jefferson), O'Rear, Pettus, I\eynolds (Chilton), Robinson, Selheimer, Sollie, Spears, Thompson, Waddell, Watts, Weaklev, White— 30. RECONSIDERATION. Messrs. Coleman of Greene, and Long, of Walker, gave notice that on to-morrow they would move to re- i^onsider the vote by which Section 27 was adopted. Constitutional Convention. 859 section twenty-eight. Was read at length as follows: Sec. 28. All stationer^', printing, paper and fuel used in the legislative and other departments of government shall be furnished and the printing and distribution of laws, Journals, department reports and all other print- ing and binding and repairing and furnishing the halls and rooms used for the meeting of the Legislature and its committees, shall be performed under contract, to be given to the lowest responsible bidder below a maxi- mum price, and under such regulations as shall be pre- scribed by law ; no member or officer of any department of the government shall be in any way interested in such contracts, and all such contracts shall be subject to the approval of the (Tovernor, Auditor and Treasurer. Mr. Pillans offered the following amendment to Sec- tion 28 : Amend Section 28 by adding at the end thereof the following words : The Legislature may, however, pro- vide that for such supplies or printing no bid from any non-resident person or foreign corporation shall be con- sidered. And by striking out the period at the end of the section and inserting a semicolon instead. The amendment of Mr. Pillans was lost. Section 28 was adopted. reconsideration. Mr. Beddow gave notice that on to-morrow he would move to reconsider the vote by wliich Section 28 was adopted. ]Mr. Samford moved a suspension of the rules for the purpose of^ immediate reconsideration of the vote by which Section 28 was adopted. The nuvtiou to suspend the rules prevailed. Thereupon Mr. Samford moved to reconsider the vote by which Section 28 was adopted, and moved to table his motion to reconsider. Thf u'otion prevaileill introduced as a general law into either House of the General Assembly shall be so amend- ed in its passage as to become a special, priyate or local law. The article was adopted and referred to the C(unniit- tee on Order, Consistency and Harmony of the Whole Constitution. Yeas, 99; nays, 14. YEAS. Messrs. President, Burnett, Altman, Rums, Banks. Cardon, Rarefield, f'hapman, Beddow, Cobb, Beth 11 no, Cofer, Blackwell, Coleman f Greene), Boone, Cornwell, Brooks. Craig, Browne, Cunningham, Bulger, Davis (DeKalb), Constitutional Convention. 873- Davis (Etowah), Duke, Eley, Espy, Ferguson, Fletcher, Glover, Graham (Talladega), Grayson, Greer (Calhoun), Greer (Perry), Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Hinson, Hodges, Hood, Howell, Howze, Inge, Jackson, Jones (Bibb), Jones (Montgomery), Jones (AVilcox), Knight, Kyle, Leigh, Ijocklin, Lomax, Macdonald, McMillan (Baldwin), McMillan (Wilcox), Mai one, Martin, Maxwell, Miller (Wilcox), Moody, Murphree, NeSmith, Norman, Gates, O'Neal (Lauderdale), O'Neill (Jefferson), O'Rear, Palmer, Parker (Cullman), Pearce, P'Uans, Reese, Reynolds (Henry), Robinson, Rogers (Lowndes), Sanders, Sanford, Searcy, Selheimer, Sloan, Smith (Mobile), Smith, Mac. A., Smith, Morgan M., Sorrell, Spragins, Stewart, Tayloe, Vaughan, Waddell, Walker, Watts, Weakley, White, Whiteside, Williams (Barbour), Williams (Marengo), Wilson (Washington),. Winn— 99. -874 Journal of Alabama NAYS. Messrs. Carmicliael, (Colbert), Dent, deGraffenried, Foshec, Freeman, Henderson, Kirk. Kirkland, Long (Walker), Merrill, Pettus, Spears, Studdard, Wilson (Clarke) -14. The Article on State and County Boundaries was read a third time at length as follows, and adopted, and referred to the Committee on Order, Consistencv and Harmony of the Whole Constitution: Yeas, 107; nays, Messrs. President, Almoix, Altman, Ashcraft, Banks, Barefield, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Bulger, Burnett, Burns, Cardon, "Chapman, Cobb, Coleman (Greene), Craig, Cunningham, Davis (DeKalb), Davis, (Etowah), YEAS. Dent, deGraffenried, Duke, Eley, Eyster, Espy, Ferguson, Fletcher, Graham (Montgomery), Graham (Talladega), Grayson, Greer (Calhoun), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hinson, Hodges, ' Hood, Howell, Howze, Constitutional Convention. 875 Inge, Jackson, Jenkins, Jones (Bibb), Jones (Montgomery), Jones (Wilcox), Kirii;, Knight, Kyle, Leigh, Locklin, Lomax, Long (Butler), Long (Walker), Macdonald, McMillan (Baldwin), McMillan (Wilcox), jMalone, Martin, Maxwell, Merrill, Miller (Wilcox), Moody, NeSmith, Norman, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, O'Rear, Palmer, Parker ( Cullman ) , Parker (Elmore), Pearce, Pettus, Pillans, Pitts, Proctor, liOl)iuson, Rogers (Lowndes), Sanders, Searcy, Selheimer, Sentell, Smith (Mobile), Smith, Morgan M., Sorrell, Spears, Spragins, Stewart, Tayloe, Vaughan, Waddell, Walker, Weakley, White, ^ Whiteside, Williams ( Barbour) , Williams (Elmore), Wilson (Clarke) Wilson (Washington), Winn— 107. nays. INfessrs. Cofer, Fitts, Fosliee, Freeman, Mulkey, Oates, Porter. Reynolds (Henry), Sanford, Sloan, Smith, Mac. A., Studdard, 876 Journal of Alabama An ordinance to create and define the State and. County Boundaries, and to regulate the h>cation of county sites and tlie formation of ne\y counties. Be it ordained b}' the people of Alabama, in Conyen- tion assembled, that Article II of the Constitution be stricken out and the folloAying article inserted in lieu thereof : ARTICLE II. State and County Boundaries, County Sites and New Counties. Section 1. — The boundaries of this State are estab- lished and declared to be as follows, that is to say : Beginning at the point whex'e the 31st degree of north latitude crosses the Perdido riyer; thence east to the west boundary line of the State of Georgia ; thence along said line to the southern boundary line of the State of Tennessee; thence west along the southern boundary line of the State of Tennessee, crossing the Tennessee riyer and on to the second intersection of said riyer by said line ; thence up said riyer to the mouth of Big Bear creek, thence T)y direct line to the northwest corner of Washington county, in this State, as originally formed; thence southerly along the line of the State of Mississ- ippi, to the Gulf of Mexico ; thence eastwardly, includ- ing all islands within six leagues of the shore, to the Perdido riyer, thence up the said riyer to the beginning; proyided that the limits and jurisdiction of this State shall extend to and include any other land and terri- tory now acquired or hereafter acquired by contract or agreement with other States, or otherwise, although such land and territory are not included within the boundaries hereinbefore designated. Sec. 2. — The boundaries of the seyeral counties of this State as they now exist are hereby ratified an Bethune, Cornwell, Blackwell, Craig, Boone, Cnnningham, Brooks, Davis (Etowah), Browne, Pent, Bulger, r^uke. Burnett, Espy, Constitutional Convention. 883 Fergi'Eon, XeSmith, Fitts, Norman, Fletcher, Gates, Glover, O'Neal (Lauderdale), Graham (Montgomery), O'Neil], (Jefferson), Graham (Talladega). Opp, Grayson, Palmer, Greer (Calhoun), Parker (Cullman), Greer (Perry), Parker (Elmore), Haley, Pearce, Handley, Pettus, Harrison, Pillans, Heflin (Chambers), Pitts, Heflin (Randolph), Porter, Hinson, Proctor, Hodges, Reynolds (Henry), Hood, Robinson, Howell, Rogers ( Lowndes ) , Howze, Sanders, Inge, Sanford, Jackson, Searcy, Jenkins, Selheimer, Jones (Bibb), Sentell, Jones (Wilcox), Smith, Mac. A., ' Kirk. Smith, Morgan M., Kirkland, Sorrell, Kyle, Spears. Leigh, Spragins, Locklin, Stewart, Lomax, Stnddard, Lowe (Jefferson), Tayloe, ^laedonald. Vaughan, McMillan (Baldwin), Waddell, McMillan (Wilcox), Weakley, Malone, White, Martin, Whiteside, Maxwell, Williams (Barbour), Miller (Wilcox), Williams (Elmore), Moody, Wilson (Clarke), Mnlkey, Wilson (Washington). Murphree^ Winn— 108. 884 Journal of Alabama NAYS. Messrs. deGraffenried, Henderson, Eley, Long (Butler), Foshee, Keese — 7. Freeman, RECONSIDERATION. Mr. Coleman, of Greene, moved to reconsider the vote b}^ wliieli Section 27 of the report of the Committee on Legislative Department was adopted on yesterday. The motion to reconsider prevailed. Mr. Coleman, of Greene, offered the following amend- ment to iSeetion 27 : Amend Section 27 by adding to the section the fol- lowing: "And any surplus that may be in the State Treasui\y; provided, that if from any cause it becomes necessary to rebuild the capitol of the State, the Legis- lature is authorized to make such appropriations as may be required," Mr. Cobb offered the following substitute for the sec- tion and amendment : To strike out the section and amendment. The substitute of Mr. Cobb was adopted, and the sec- tion 27 was stricken out : Yeas, 71 ; nays, 56, YEAS. Messrs. President, Davis (DeKalb), Almon, Davis (Etowah), Ashcraft, Dent, Banks, E^^ster, Bethune, Ferguson, Blackwell, Fitts, Boone, Foshee, Brooks, Graham (Montgomery), Burns, Greer (Calhoun), Carmichael (Colbert), Haley, Cobb, Hoflin (Chambers), Cunningham, Heflin (Randolph), Constitutional Convention. 885 Hodges, Hood, Howell, Jones (Bibb), Jones (Montgomery), Kirkland, KnighL, Leigh, Lomax, Long (Walker), Lowe (Jefferson), McMillan (Wilcox), Maxwell, Merrill, Miller (Wilcox), Moody, Mill key, XeSmfth, Norman, O'Neal (Lauderdale), O'Neill, (Jefferson), Opp, O'Rear, Parker (Cullman), Parker (Elmore), Pettus, Pillans, Proctor, Reese, Robinson, Rogers (Lowndes), Samford, Selheimer, Sentell, Sloan, Smith (Mobile), Sorrell, Spears, Vaughan, Waddell, Watts, Weakley, AVhite, Williams (Marengo), Williams (Elmore), Wilson (Clarke), Wilson ( Washington ) — 71 NAYS. Messrs. Altman, Barefield, Beddow, Browne, Bulger, Burnett, Cardon, Chapman, Cofer, Coleman (Greene), Cornwell, derrraffenried, Duke, Eley, Espy, Fletcher, (rlover, TTraham ( Talladega ) , Grayson, Greer (Perry), Handley, Harrison, Henderson, Hinson, Howze, Inge, Jaokson, Jenkins, .ToTTPs (Wilcox), Kirk, 886 JouE^XAL OF Alabama Kyle, Sanders, Locklin, Sanford, Macdonald, Searcy, McMillan (Baldwin). Smith, Mac. A. Malone, Smith, Morgan M., Martin, Spragins, Murphree, Stewart, • Gates, Stiiddard, Palmer, Tavloe, Pearce, Walker, Pitts, NN'hiteside, Porter, Williams (Barbour), Keynolds (Henry), Winn — 56. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was the report of the Com- mittee on Legislative Department. The question was upon the substitute offered by Mr. Boone for the substitute for Section 29, offered by Mr. Vaughan. By unanimous consent the substitute offered by Mr. Boone was withdrawn. Mr. Boone offered the following substitute for Sec- tion 29, and the pending substitute offered by Mr. Vaughan : All bills for raising revenue shall originate in the House of Representatives, the Governor, Auditor and Attorney General shall, before each regular session of the Legislature, prepare a general revenue bill to be submitted to the Legislature for its information, and the Secretary of State shall have printed for the use of the Legislature a sufficient number of copies of the bill so prepared, which the Governor shall transmit to the House of Representatives as soon as organized, to be used or dealt with as that House may elect. The Senate may propose amendments to revenue bills. No revenue bill shall be passed during the last five days of the ses- sion. Constitutional Convention. 887 Mr. Lomax renewed his point of order that two substi- rtutes could not be entertained at tlie same time. The Chair overruled the point of order, Mr. Gates asl^ed unanimous consent to amend Section 29 by striking out the words "appropriation or" before the word "revenue" and after the word "no." Consent was granted and Section 29 was amended ac- (Cordingh^ Section 29 was amended and adopted. RECESS. Pending .the further consideration of the report of the Committee on Legislative Department, the hour of 1 o'clock p. m, arrived, and under the rules the Conven- i:ion recessed until 3 :30 o'clock this afternoon. AFTERNOON SESSION. The Convention met pursuant to adjournment. roll call. On a call of the roll of the Convention, the following delegates answered to their names, which constituted a quorum : Messrs. President, Burnett, Almon, Burns, Altman, Cardon, Ashcraft, (Jarmichael (Colbert), Banks, Carmichael (Coffee), Barefield, Carnathon, Beddow, Chapman, Bethune, Cobb, Blackwell, Cofer, Boone, Coleman (Greene), Brooks, Cornwell, Browne, ^raig, Bulger, Davis (DeKalb), 888 JouEXAL OF Alabama Davis (Etowah), Dent, deGraffenried, Duke, Elev, Ejster, Espy, Ferg-iison, Fitt^s, Fletcher, Freeman, Gil more, Glover, Graham ( Montgomery ) , Graham (Talladega), Grayson, Greer (Calhoun), Greer (Perry), Handley, Harrison, Heflin (Chambers), Heflin (Kandolph), Henderson, Hinson, Hood, Howell, Howze, Inge, Jackson, Jenkins, Jones (Montgomery), Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Ledbetter, Leigh, Lomax, Long (Butler), Long (Walker), Lowe ( Jefferson ) , Macdonald, McMillan (Wilcox),. ^Nlalone, Martin, Maxwell, Merrill, Miller (Marengo), ]\[iller (Wilcox), :\rulkey, Murphree, NeSmith, Norman, Gates, O'Neal (Lauderdale),. O'Neill (Jefferson), Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Pillans, Pitts, Porter, Proctor, Reese, Reynolds (Henry), Robinson, Rogers (Lowndes), Roger di (Sumter). Sam ford. Constitutional Convention. 889 Sanders, Vaiiglian, Sanford, Waddell, Selheimer, Walker, Sentell, Watts, Sloan, Weakley, Smith (Mobile), White, Smith, Mae. A. Willett, Smith, Morgan M., vvijiiams ( Barbour) , Sollie, Wilson (Clarke), Spears, Wilson (Washington), Spragins, Wiiin — 123. Tayloe, resolutions. The following resolution was ottered, read one time at length, and referred to an appropriate committee, as follows : Eesolution 250, b}^ Mr. Long, of AValker : Whereas, a wave of patriotism has taken a rabid hold upon some of the members of this Convention to such an extent as to wound their eouseiences, by being re- quired to draw their per dieni, and Whereas, This Convention has no intention of infring- ing upon the right of au}^ delegate ; therefore be it Resolved, b}" the people of Alabama, in Convention assembled. That the Secretary be and he is lierel)y re- quired to secure a blank book to be used only by the members who desire no pay, which fact shall be deter- mined by the member signing therein, said book to be kept open for signatures of volunteer members at all hours, and the Secretary shall witness each signature under the proper date, and no member shall be allowed any pay from the State thereafter. Provided, That the hotels, restaurants, boarding houses and saloons of Montgomery be and they are here- by required to furnish free of charge board, lodging, laundry, liquors and cigars to such members as volun- tarily surrender their pay; because the Good Rook says : '^The laborer is worthy of his hire, and the ass shall not be muzzled." S90 Journal of Alabama The resolution was referred to the Committee on Preamble and Declaration of Rights, UNFINISHED BUSINESS. The Convention proceeded to the consideration of ilie imtiuished business, which was the report of the •Committee on Legislative Department. The question was upon the substitute offered hj Mr. Boone for the substitute offered hy Mr. Vaughan, and Section 29 of the report of the Committee on Legislative Department. The substitute of Mr. Boone was adopted : Yeas, 74 ; nays, 41. Messrs. Altman, Ashcraft, Beddow, Boone, Bulger, Burnett, Burns, (Chapman, Cofer, Cornwell, Craig, Davis (Etowah), Dent, efore the Convention. Thereupon Mr. Jones, of Montgomery, appealed from the ruling of the Chair. The question was: Shall the ruling of the Chair be sustained? Mr. Jones, of Montgomery, arose and stated that he desired to withdraw his appeal. An objection was interposed. The question being: Shall tlie Chair be sustained? And the Chair was sustained. Mr. Wilson, of Clarke, moved tliat the report of the Journal be adopted. The motion prevailed, and tlie report of the committee was adopted. 902 Journal of Alabama stenographic report. Mr. Walker moved to strike from the stenographic re- X>ort all of the proceediugs immediately after ^lie mo- tion of Mr. Wilson, of Clarke, for the previous question on the aj^proval of the Journal. Mr. Eystor moved to table the motion of ]Mr. Walker. Mr. Heflin, of Chambers, raised the point of order that the rules must be suspended before a motion to ex- punge anytliing from the record could be entertained. The Chair held that the point of order was well taken. Mr. Graham, of Montgomery, moved that the rules be suspended in order that the motion of Mr. Walker might be considered. The motion of Mr. Graham, of Montgomery, was lost, and the rules were not suspended. RESOLUTIONS ON FIRST READING. The following resolutions were introduced, severally read one time at length : Besolution 257, l)y Mr. Robinson : Ilesolution for final adjournment. Whereas, The act of tlie General Assembly of Ala- bama calling this Convention together in fixing the compensation of the members thereof, contained the following proviso: "That the per diem compensation shall not be allowed or paid to any member of the Con- vention for a longer time than fifty days." And whereas, The Democratic party of Alabama, "when it nouiinatcd its candidates for membership to this Convention, declared in its platform as follows, to-wit : "The Democratic party of the State of Alabama in Con- vention assembled, endorses the act to provide for the holding of a Constitutional Convention to revise and amend the Constitution of this State, approved Decem- ber, the 11th, 1900, and favor the carrying out of all of the provisions of said act." And whereas, tlie chairman of the Campaiiiu Com- mittee of said party, in an address issued to the voters of this State, urging the election of the candidates of Constitutional Convention. 903 said party, promised the people as follows, to-wit : "The Campaign Committee of the Democratic party hereby reasserts the pledges made and in the name of every Democratic nominee. State, Congressional, Senatorial and county, unqualifiedly assures the people that every plank of the platform, and every provision of the act calling the Convention, shall.be kept and complied with, "And whereas, the lifty days for which the members of this Convention shall receive pay as provided in said act will expire to-day, And whereas, the mend)ers of this Convention have declared by resolution that they are unwilling to re- main longer in session without pay, and Whereas, the Democratic members of this Convention should not be required to violate the sacred pledges made by them to the people who elected them, Therefore, be it resolved. That this Convention stand adjourned sine die at 6 o'clock p. m. to-day. Mr, Robinson moved that the resolution 257, the same being a. privileged communication, be put upon its immediate passage. The motion prevailed, and the resolution was put upon its immediate passage, and the motion for the adoption of the resolution was lost. Mr. Burns offered the following resolution, which was read at length and referred to the Committee on Rules : Resolution 258 : Resolved, That the expenses of this Convention ex- ceed the amount actually necessary. The resolution was I'^ferred to the Committee on Rules. Mr. Dent otfered the following resolution, which was read at length : Resolution 259: Resolved, That the Committee on Corporations, to Avhich has been referred the ordinance introduced to- day by the delegate from Greene in reference to rail- road passes, are hereby instructd to submit a report on said ordinance not later than Tuesday next, the 23d inst. 904 Journal of Alabama Mr. Dent moved that the rules be suspended and the resolution put upon its immediate passage. The yeas and nays were ordered, and the motion to susi>end the rules was lost : Yeas, 06 ; nays, 34. YEAS. Messrs. AshcFaft, Banks, Barefield, Beddow, Blackwell, Boone, Brooks, Burns, Chapman, Cobb, Coleman ( Greene ) , Dent, deCraffenried, Duke, Eley, Ferguson, Fitts, Fletcher, Freeman, Glover, Graham (Talladega), Handley, Hefl i n ( Chambers ) , Henderson, Hood, Jackson, Jones (Montgomery), Jones (Wilcox), Kyle, Leigh, Locklin, Lomax, Love (Jefferson), Macdonald, :Mc:\[illan (Baldwin), McMillan (Wilcox), Malone, Tilartin, ^Taxwell, ^ferrill, ^foody, ]\rurphree, Xorman, Norwood, Oates, O'Neal ( Lauderdale ) ,, Opp, Palmer, Parker (Elmore), Pei'tus, rillans, IJobinson, Rogers (Sumter), Sanders, Sanford, ScllH'iiner, S.rlth, Mac. A., Sollie, Spears, S])ragins, Tavloe, Walker, White, Whiteside, Williams (Barbour)^ Winn— 00. Constitutional Convention. 90& NAYS. Messrs. President, Almon, Browne, Cardoii, Carmichael ( Colbert ) , Cofer, Craig, Cnmiiiii^ham, Davis (DeKalb), Eyster, Greer (Callioun ), Harrison, Hodges, Howell, Kirkland, Knight, Long (Butler), Long (Walker), Mnlkey, XeSmitb, l*arker (Cullman), I'rocrcr, 11 ogers ( Lo >\- n d (^s ) , Seai'cy, Sloan, Smith (Mobile), Stewart, Stiiddard, Weakley, Williams (Marengo). Williams (Elmore), Wilson (Clarke), Wilson (Washington) — 34. ^Iv. Jones, of Montgomery, moved that the resolution be referred to the Committee on Knles. The motion was lost, and the resolution was referred to the Committee on Corporations. Mr. Graham, of Talladega, offered the following resolution, which was read at length, jdaeed upon its immediate passage, and adopted : Kesolution 260 : Resolved, That this Convention remain in session to- day until 1 p. m., and then stand adjourned until 11 a. m. next Monday. Mr. Jones, of Montgomery, offered the following reso- lution, which was read at length : Resolution 261 : Resolved, That the Secretary of this Convention pro- cure a copy of the opinion of the Attorney General as to the right of this Convention to appropriate pay to its members beyond the time fixed in the enal)ling act, and to have the same printed in the stenogra])hic report. The rules were suspended and the resolution was adopted. 906 Journal op Alabama Mr. Long, of Walker, offered the following resolution, AVhicli was read at length and referred to the Committee on Corporations : IJesolutiou 2G2 : Whereas, From the action of this Constitutional Con- vention it appears that any and all persons holding offiee of honor, trust or profit under the State of Ala- bama, are in the habit of accepting free passes from Tailroads, and are unduly influenced and corrupted thereby, , and Whereas, The members of this Convention are hold- ing their office as such member under this State, and may, by reason thereof, be liable to be influenced or cor- rupted by accepting free passes for themselves, friends or families; Therefore, be it resolved. That the Secretary of this Convention be and he is hereby ordered immediately upon the passage of this resolution, to call the roll of the delegates of this Convention, and as his name is called each mendjer of this Convention shall rise in his seat and answer the following questions, which shall then and there in open session of this Convention be pro- pounded to him by the Secretary, the answers to which shall be recorded by the Secretary in the Journal of this Convention, the questions to be as follows : First — Have you a pass or passes now in your pos- session, or under your control, or at your command? If so, then over wliat railroad company's road? AVhat is the consideration for which said pass or passes was Issued? Second — Since you were elected to this Constitutional Convention Imve you accepted a pass for yourself, or friend, or family, or any member thereof; and if so, then state for A\iiom and what was the consideration thereof? Why was such pass issued? What railroad company issued such pass or passes? Third — Has the issuance or acceptance of saiy which Secticni 85 of the report of the Com- mittee on Legishitive Department was ad(^pted. The motion prevailed. ^Ir. Dent offered the followiuu amendment to Section 35, which was read at leni»th. and ado])ted: Amend Section 35 by addinii at the end of the section the followinii' words: "And s]>ecial sessions sliall Ite limited to thirty days." The question recurred u]»on the ado]>tion of Section 35, as amend(^d, and Section 35 as amended was adopted. u X F I X I s n K 1 ) 1 ; v s i x i : ss . The Convention proceeded to the consideration of the unfinished business, which was the report of the C(nnmittee on Legislative Department. The (]uestion being upon the adoptipted. SECTION forty-eight. Was read at length as follows, and adopted : Sec. 48. The Legislature shall not have power to authorize any municipal corporations to pass any laws inconsistent with tlie general laws of this State. SECTION FORTY-NINE, .Was read at length as follows : Sec. 49. In tlie event of annexation of any foreign territory to this State, tlie Legislature shall enact laws 920 Journal of Alabama extending to the inhabitants of the acquired territory all the rights and privileges which ma}^ be required by the terms of the acquisition, anything in this Constitu- tion to the contrary notwithstanding. Mr. Jones, of Wilcox, offered the following amend- ment to Section 49 : Amend Section 49 hy striking out in lines three and four '"iinything in this Constitution to the contrary not- withstanding," and add "should the State purchase such foreign territory, the Legislature, with the approval of the Governor, shall be authorized to expend any moncj^ in the treasury, not otherwise appropriated, and if neces- sary, to provide also for the issuance of State bonds to pay for the purchase of said foreign territory, anything in this Constitution to the contrary notwithstanding."^ Mr. Dent offered the following amendment to the amendment offered by Mr. Jones, of Wilcox: Strike out of the amendment submitted by the dele- gate from Wilcox tlie Avords "anything in this Consti- tution to the contrary notwithstanding," and add the following: "Not inconsistent witli this Constitution." The amendment offered by Mr. Dent was adopted. The question recurred upon the adoption of the amend- ment of Mr. Jones, of Wilcox, as amended. The amendment, as amended, was adopted. On motion of Mr. Gates Section 49, as amended, wns adopted. SECTION FIFTY. Was read at length as follows : Sec. 50. The Legislature shall not tax the property,, real or personal, of the State, counties or other muni- cipal corporations, or cemeteries; nor lots in incorpor- ated cities or towns, or within one mile of any city or town, to the extent of one acre, nor lots one mile or more distant from such cities or towns, to the extent of five acres, with the buildings thereon, when the same are used exclusively for religious worship, for public schools or for purposes purely charitable. Constitutional Convention. 921 Mr. Watts offered the following amendment to Sec- tion 50 : Amend Sec-tion 50, Legislatiye report, by striking out all after ''cemeteries" in the second line. The amendment offered by Mr. Watts was lost. On motion of ^Ir. Gates Section 50 was adopted. section fifty-one. Was read at length as follows, and adopted : Sec. 51. The Legislature shall, by law, prescribe such rules and regulations as may be necessary to ascertain the value of personal and real property, exempted from sale under legal process by this Constitution ; and to secure the same to the claimant thereof as selected. section fifty-two. Was read at length as follows : Sec. 52. The State may construct and own works of internal improvement, having for their object the con- veyance or transportation of passengers and freight, but shall not sell or mortgage such improvement, nor lend its money or credit in aid of such; nor shall the State be interested in any private or corporate enterprise, or lend money or its credit to any individual, association or corporation. Mr. Handlev offered the following stibstitute for Sec- tion 52 : ' The State of Alabama shall not engage in internal im- provements, nor be interested in any private or corpor- ate enterprises, or lends its money or credit to any indi- vidual, association or corporation. RECESS. The hour of 1 o'clock p. m. arrived, the Convention recessed until 3 :30 p. m. this afternoon. ^22 JouKNAL OF Alabama AFTERNOON SESSION. The Convention met pursuant to adjournment. ROLL CALL. On a call of the roll of the Convention, the following •delegates answered to their names, which constituted a quorum : Messrs. President, Foster, Almon, Freeman, Altman, Glover, Ashcraft, Handley, Banks, Harrison, Barefield, Heflin (Chambers), Beddow, Heflin (Randolph), Bethune, Hodges, Blackwell, Hood, Brooks, Howell, Browne, Howze, Bulger, Inge, Burnett, Jenkins, Burns, Jones (AVilcox), Byars, Knight, Cardon, Kyle, €armichael (Colbert), Ledbetter, Cobb, Leigh, Cofer, Locklin, Coleman (Greene), Lomax, Craig, Long (Butler), C.'unningham, Long (Walker), Davis (DeKalb), Macdonald, Davis (Etowah), McMillan (Baldwin), Dent, McMillan (Wilcox), deGraffenried, ^falone. Duke, ^Faxwell, T^ley, ^Ferrill, Eyster, Moody, Espy, INFulkey, Foshee, ^[urphree. Constitutional Convention. 923 Norman, Norwood, Gates, O'Neal (Lauderdale), Opj), Palmer, Parker (Cullman), Pettus, Keynolds (Chilton), Rogers (Lowndes), Rogers (Sumter), Samford, Sanders, Sanford, Sentell, Sloan, Smith (Mobile), Smith, Mac. A., Smith, Morgan M., Sollie, Sorrel 1, Spears, Spragins, Stewart, Studdard, Tayloe, Vaughan, Waddell, Walker, . Watts, Weatherly, White, Williams (Barbour), Williams ( M a rengo ) , Wilson (Washington)- -98. reconsideration. Mr. Brooks gave notice that on to-morrow he would move to reconsider the vote by wliich Section 47 of the report of the Committee on Legislative Department was adopted. CO^IMITTEE GRANTED LEAVE TO SIT DI^RING SESSION. On motion of Mr. Harrison, the chairman of the Com- mittee on Corporations, the Committee on Corporations were granted leave to sit during the afternoon session of to-dav. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was the report of the Committee on Legishitive Department. The question was upon the adoption of the substitute offered by Mr. Handley for Section 52. By unanimous consent Mr. Handley withdrew his sub- stitute and offered in lieu of the same the following sub- stitute : 924 Journal of Alabama Sec. 52. The State shall not engage in works of in- ternal improvement nor lend money or its credit in aid of such ; nor shall the State be interested in an}- private or corporate enterprise, or lend money or its credit to- any individual, association or corporation. The substitute was adopted : Yeas, TO ; nays, 19. YEAS. Messrs. Almon, Altman,- Banks, Barefield, Bethune, Blackwell, Brooks, Carmichael ( Colbert ) , Chapman, Cobb, Cofer, Coleman (Greene), Craig, Davis (DeKalb), Davis, (Etowah), deortation at rates hereby prohibited, shall be privileged from testifying in relation thereto, and he shall not be liable to civil or criminal prosecu- tion therefor if he shall testify to the giving or selling of the same. Rut this shall not prohibit the Legislature from authorizing the State to contract with any such railroad or transportation company for the transporta- tion at reduced rates of State officers while traveling in the discharge of their official duties. 94'2 JOUKXAL (»F Alauama AiiY solicitor who shall fail faithfully to prosecute a person chariicd with the violation in his county or cir- cuit of any provision of this section which may come to his knowle(lii(s shall he removed from office by the (loYernor, and an opportunity of being heard in his de- fense. Which, on motion of Mr. Samford, was laid upon the table, and ordered to be taken up when the report of the Committee orations is considered. On motion of Mr. Gates the article on Legislative Department was ordered engrossed for a third reading. SPECIAL ORDER. The Convention proceeded to the consideration of tlu^ special order, which was the report of the Committee on Suffrage and Elections. RECESS. The Convention recessed for ten minutes for the pur- pose of allowing the Committee on Eules to retire and prepare a resolution relative to the consideration of the report of the Committee on Suffrage and Elections. The Convention was called to order and the Commit- tee on Kules submitted the following resolution: Resolution 2GT : Resolved, That the article reported by the Committee on Suffrage and Elections be considered and adopted or rejected section by section, and that after every section shall have been so considered and adopted, substitutes for the (^ntire article may be offered, considered and acted ui)on Awitluuit any motion to reconsider the prior action of the Convention. Ml'. Smith, (if ^lobile, moved that the resolution be adopted. The motion jtrcvailed, ami the resolution was ado])ted. The Convention ]>roceeded to the p, Palmer, Parker (Cullman), Parker (Elmore), JVthiSi Constitutional Convention. 947 Procior, Renfro, Reynolds (Henry), Samford, Sanders, Searcy, Selheimer, tScntell, Smith (Mobile), Smith, Mac. A., Smith, Morgan M. Sorrel 1, Sprai^iiis, Stewart, Thompson, Wnddell, Walker, ^^'atts, Weatherly, Whiteside, Williams (Barbour), Williams (Marengo), Wilson (Clarke), Wilson ( Washington ) — 90. NAYS. Messrs. President, Altman, Banks, Bartlett, Beddow, Bulger, Crai^, Dent, deGraffenried, Fitts, FoshcG, Freeman, ( jrraham ( Montgomery ) , Knight, Lowe (Jefferson), McMillan (Baldwin), Moody, Norwood, Phillips, Pillans, Reynolds (Chilton), Rogers (Sumter), San ford, Sloan, Spears, Tayloe, White, Winn— 28. The question recurred upon the adoption of the amendment of Mr. Beddow as amended by the amend- ment offered by Mr. Smith, of ^Mobile. The amendment was adopted : Yeas, 69 ; nays, 49. YEAS. Messrs. Almon, Ashcraft, Barefleld, Beddow, Bethune, Blackwell, 948 Journal of Alabama Brooks, Burnett, Carmicliael (Colbert), Chapman, Cobb, Cofer, Cunningham, Davis (Etowah), Duke, Eley, Espy, Ferguson, Fitts, Gilmore, Glover, Graham (Montgomery), Grayson, Greer (Perry), Handley, Heflin (Chambers), Heflin (Eandolph), Hinson, Hodges, Howell, Howze, Jackson, Jenkins, Jones (Bibb), Jones (Montgomery), Kirk, Leigh, Lomax, Lowe (Jefferson), Macdonald, Malone, Martin, Maxwell, Merrill, Miller (Wilcox), Norman, O'Neal (Lauderdale), O'Neill, (Jefferson), Opp, Parker (Cullman), Pettus, Proctor, Keynolds (Chilton), Reynolds (Henry), Rogers (Lowndes), Sanders, Searcy, Sentell, Smith, Mac. A. Sorrell, Spragins, Stewart, Thompson, Vaughan, Weatherly, White, Whiteside, Williams (Barbour), Williams (Marengo) — 69. NAYS. Messrs. President, Altman, Banks, Bartlett, Bulger, Coleman (Greene), Coleman (Walker), Craig, Davis (DeKalb), Dent, deGraffenried, Eyster, Constitutional Convention. 949 Fosliee, Pillans, Graham (Talladega). Pitts, Harrison, Kenfro, Henderson, Rogers (Sumter)^ Hood, Samford, Inge, Sanford, Jones (Wilcox), Selheimer, Kniglu, Sloan, Kyle, Smith (Mobile), Ledbetter, Smith, Morgan M., Locklin, Spears, McMillan (Baldwin). Tayloe, McMillan (Wilcox), Waddell, . ^[oody, Walker, Norwood, Watts, Gates, Wilson (Clarke), Palmer, Wilson (Washington). Parker (Elmore), Winn — 49. Phillips, On motion of Mr. Coleman, of Greene, Section 1, as amended, was adopted. section two. Was read at length as follows: Sec. 2. To entitle a citizen to vote at any election by the people, he shall have resided in the State at least two years, in the county one year, and in the precinct or ward three months, immediately preceding the elec- tion at which he offers to vote, and he shall have been dulv registered as an elector, and shall have paid on or before the first day of February next preceding the date of the election at which he oft'ers to vote, all poll taxes due from him for the year 1901, and for each subsequent year; provided, that any elector who, within three months next preceding the date of the election at which he offers to vote, has removed from one precinct or ward to another precinct or ward in the same county, incorporated town or city, shall have the right to vote in the precinct or ward from which he has so removed, if he would have been entitled to vote in such precinct 950 JouKXAL OF Alabama or ward but for such removal, Mr. Lowe, of Jefferson, offered tlie following amend- ment to Section 2 : Amend t^ection 2 by adding after the words "to vote" in the fifth line, the words "and each year subsequent to the last general election next preceding." On motion of Mr. Coleman, of Greene, the amend- ment of Mr. Lowe, of Jetferson, was laid upon the table. Mr. Ashcraft offered the folloAving amendment to Section 2 : Amend by striking out of the first line the words "a citizen" and insert "an elector." On motion of 'Mr. Coleman, of Greene, the amendment of Mr. Ashcraft was laid upon the table. Mr. Howell offered the followiiig amendment to Sec- tion 2 : Amend by striking out the word "two" in the second line and inserting in lieu thereof the word "one"; also strike out the words ''one year" in the same line and in- sert the words "six months." On motion of Mr. Proctor the amendment of Mr. How- ell was laid upon the table. Mr. Pillans offered the following amendment to Sec- tion 2: Amend Section 2 by striking out of the first line thereof the words "a citizen" and insert in lieu thereof ^'a person." The amendment of Mr. Pillans was adopted, and Sec- tion 2, as amended, was adopted. SECTION THREE. Was read at length as follows, and adoj^ted : Sec. 3. All elections by the people shall be by bal- lot, and all elections by persons in a representative capacity shall be viva voce. SECTION Foru. Was read at length as follows: Sec. 4. The following male citizens of this State, who are citizens of the United States, twenty-one years old Constitutional Convention. 951 ^or upward, who, if their place of residence shall remain unchanged, will have, at the date of the next general election, the qualifications as to residence prescribed in Section 2 of this article, and who are not disqualified under Section G of this article, shall, upon application, be entitled to register as electors prior to the first day of January, 1903, namel}^ : First — All who have honorably served in the land or naval forces of the United States in the war of 1812, or in the war with Mexico, or in any war with the Indians, or in the Civil War between the States, or in the war with Spain, or who honorably served in the land or naval forces of the Confederate States, or of the State of Alabama in the war between the States; or Second — The lawful descendants of persons who hon- orably served in the land or naval forces of the United States in the war of the American Revolution, or in the war of 1812, or in the war with iNIexico, or in any war with the Indians, or in the Civil War between the States, or in the land or naval forces of the Confederate States, or of the State of Alabama in the war between the States; or Third — All persons of good character and who under- stand the duties and obligations of citizenship under a republican form of government. Mr. C'oleman, of (rreene, offered the following amend- ment to Section 4 : Amend by adding after the words "United States'' in first line of Section 4 the following words: And every male resident of foreign birth Avho, before the ratification of this Constitution, may have legally declared his intention to become a citizen of the United States; ]u-ovide(l, that all such foreigners who have de- clared their intention to become citizens of the United States shall cease to have tlie riglit to vote if they shall fail to become citizens of the United States after tliey are entitled to become such citizens. Mr. Gates offered the following amendment to Sec- tion 4^ 952 Journal of Alabama Amend Section 4 in line three by inserting after the word '^election" the following: ''After the ratification, of this Constitution." ADJOURNMENT.. Pending the furtlier consideration of the report of the Committee on Suffrage and Elections, the hour of 6 o'clock p. m. arrived, and under the rules the Conven- tion adjourned until to-morrow morning at 9 :30 o'clock. FIL^Y-THIRD DAY. Convention Hall. Montgomery, Ala., Wednesday, July 24, 1901. The Convention met pursuant to adjournment. Prayer was offered by Eev. ^[r. Andrews of the city^ ROLL CALL. On a call of the roll of the Convention, the following delegates answered to their names, which constituted a quorum : Messrs. President, Rulger, Almon, Burnett, Altman, Rvars, Ashcraft, Carmichael (Colbert), Banks, Carmichael (Coffee), Barefield, Chapman, Bartlett, Cobb, Beavers, Cofer, Beddow, Coleman fOreene), Bethune, Coleman (Walker), Blackwell, Corn well. Brooks, Craig, Browne, Cunningham, Constitutional Convention. 963. Davis (DeKalb), Davis (Etowah), Dent, deGraffenried, DulvO, Elej, Evster, Espy, Ferguson, Fitts, Fletclier, Foshec, Foster, Freeman, Gilmore,. Graham ( Montgomery ) , Graham (Talladega), Grayson, Greer (Perry), Haudley, Harrison, Heflin ( Chambers) , Heflin (Randolph), Henderson, Hinson, Hodges, Hood, Howell, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Wilcox), Kirk. Kirkland, Knight, Leigh, Locklin, Long (Butler), Long (Walker), Lowe (Jefferson), McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, Moody, Mulkey, Murphree, Norman, Xorwood, Gates, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, I'almer,, Parkoj' (Cullman), Parker (Elmore), Pettus, Pillans, Porter, Phillips, Proctor, IMtts, Kenfro, Reynolds (Chilton), Reynolds (Henry), Robinson, Rogers (Lowndes), Rogers (Sumter), Samford, Sanders, Sanford, Selheimcr, Sentell, ' • S-iiUh (Mobile), Smith, Mac. A., '^luith, Morgan M., Sollie, Spears, Spragins, Stewart, 854 Journal of Alabama Tayloe, White, Thompson, \\'hiteside, Vaughan, Willett, Waddell, Williams (Barbour), Walker, Williams (Marengo), Watts, Williams (Elmore), Weather] Y, Winn— 124. LEAVE OF ABSENCE Was granted to ^lessrs. Macdonald for to-day; Jones of Hale indefinitely. REPORT OF THE COMMITTEE ON THE JOURNAL. The chairman of the Committee on the Journal sub- mitted the folloAying report, which \yas concurred in : The Committee on the Journal beg leaye to report that the}^ haye examined the Journal for the fifty-second day of the Conyention, and that the same is correct. Resj)ectfully submitted, John F. Proctor, Chairman. ]\rr. Dayis, of Eto>yah, offered the following resolu- tion. The rules were suspended, and the resolution was adopted : Resolution 208, hj Mr. Dayis, of Etowah : Uesolyed, That 1,000 copies of the speech made on yesterday by the chairman of the Committee on Suf- frage and Elections (Judge Coleman) introductory to the consideration of the ordinance reported by said com- mittee,- l)e printed for distriluition among the members of the Conyention. Mr. O'Neill, of Jefferson, offered the following resolu- tion, and moyed that the rules be suspended to place it on its immediate passage. The motion was lost, and the resolution was referred to the Committe on Legislatiye Department : Resolution 2fi9, by Mr. O'Neill, of Jefferson : Be it resolyed by the people of Alabama in Conyention assembled, That the Legislature may proyide that the general election immediately preceding the ex])iratiou of a term of Ignited States Senator from this State, the Constitutional Convention, 955 electors mav by ballot express their preference for some person for the office of United States Senator. The votes cast for such candidate shall be canvassed and re- turned in the same manner as for State officers. The resolution was referred to the Committee on Legislative Department. STKXOliUArilU' KKI'ORT. Mr. Sanford called the attention of the Convention to a certain error in the stenoiirai)hic report of the pro- ceeding's of yesterday. The report was ordered corrected. reconsideration. Mr. Chapman moved to reconsider the vote by which Sections 1 and 2 of the article on Suffrage and Elections Avere adopted on yestei-nlay. On motion of Mr. Coleman, of (Jreene, the further con- sideration of the motion to reconsider was postponed until the considerati(ni of Section of the article was reached. unfinished business. Tlie Conventicui in-oceeded to the consideration of the untinislied business, which was the report of the Com- mittee on Suffrage and Elections. ]Mr. Oates, by unanimous c(Hisent, witlidrew the amendment offered l)y him on yesterday to vSectiou 4 of the article. The amendment ottered by Mr. Coleman, of Greene, on yesterday to Section 4 of the article, was adopted. RECONSIDERATION. ]Mr. Coleman, of Greene, movt^d to reconsider the vote l)y which the amendment to Section 4 of the article, last acted upon, was adopted. And moved to ]>ostpone the furtlier consideration of said motion to reconsider until the consideration of Sec- tion 6 of the article should be reached. Which latter motion prevailed. 956 JouuxAL OF Alabama Mr. Sanford ottered the following amendment to Sec- tion 4 of the article : Amend the first subdivision of the fourth section of the committee's report on Suffrage and Elections by striking out the Avords "war between the States" in the ninth line of said subdivision ; and also to strike out the- word "civil" before the words "war between the States" wherever it occurs in the subsequent sections or subdi- visions of said rejKirt. Which was adopted. Mr. Samford offered the following amendment to Sec- tion 4 of the article : Amend Section 4 by striking out all after the word "electors" in the fifth line. RECESS. The hour of 1 o'clock arrived, and the Convention re- cessed until 3 :30 this afternoon, AFTERNOON SESSION. The Convention met pursuant to adjournment. ROLL CALL. On a call of the roll of the Convention the follow- ing delegates answered to their names, which consti- tuted a quorum : Messrs. President, Browne, Almon, Bulger, Altman, Burnett, Ashcraft, Byars, Banks, Pardon, Barefield, Carmichael (Colbert), Beavers, Carmichael (Coffee), Beddow, Carnathon, Bethune, Case, Black well, Chapman, Brooks, Cobb, Constitutional Convention. 957 'Cofer, Coleman (Greene), •Coleman (Walker), Cornwell, Craig, Cunningham, Davis (DeKalb), Davis, (Etowah), Dent, cleGraffenried, Duke, Eley, Eyster, Espy, Ferguson, Fitts, Fletcher, Fosheo, Foster, Freeman, Gilmore, Graham (Montgomery), Graham (Talladega), 'Grant, Grayson, Greer (Calhoun), Greer (Perry), Handley, Harrison, Heflin (Chambers), Heflin (Randolph),' Henderson, Hinson, Hodges, Hood, Howell, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Wilcox), Kirk, Kirkland, Knight, Ledbetter, Leigh, Locklin, Long (Butler), Long (Walker), Lowe (Jefferson), McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, Miller ( Marengo ) , Miller (Wilcox), Moody, Mulkey, Murphree, Norman, Norwood, Gates, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Pitts, Proctor, Proctor, Robinson, Rogers (Sumter), Samford, 958 Journal of Alabama Sanders, Sanford, Seai'C}', Sellieimer, Sentell, Sloan, Smith (Mobile), Smith, iNIac. A., Smith, Morgan M. Sollie, Sorrell, Spears, Spragins, Stewart, 'Payloe, 'rii(mij)S()u, Walkei'. AA'addell, Walker, Watts, Weatherlv, White, Whiteside, Willett, Williams (Barbour), Wilson (Clarke), ^v■ls(>ll (Washington) Winn— 132. UNFINISHED BUSINESS. The Convention proceeded to t\w consideration of tlie nnlinishe o'clock p. m. arrived, and under the rules the Convention adjourned until 9:30 o'clock to- morrow morninu". FIFTY-FOT'irrH DAY. Convention Haij.. Montgonu-ry, Ala., Tliursday, July 2.'), 1901. The Convention met pursuant to adjournment. Praver was ottered bv Uev. Mr. Andrews of the city Constitutional Convention. OSQ' roll call. On a call of the roll of the Convention the following delepites answered to their names, which constituted a quorum : Messrs. President, Aluion, Altman, Ashcraft, Banks, Barefield, Bartlett, Beavers, Beddow. Bethune, Blaekwell, Brooks, Browne, Buljuer, Burnett, Byars, Carmichael (Colbert), Carmichael (Coffee), Carnathon, Chapman, Cobb, C()f('r, Coleman (Greene), Colema n ( Walker ) , Cornwell, Craiji", Cunninn^ham, Davis (DeKalb), Davis (Etowah), Dent, ort : Mr. Prc-S'ideiit : The Committee on Legislative Department, to whom were referred ordinances 405, 411, 420, 422, 432, and resolutions 223 and 209, have carefulh^ considered the same, and instruct me to report back said ordinances and resolutions with the recommendation that the same do not pass, said ordinances and resolutions are here- with respectfully returned. Ilespectfully submitted, Wm. C. Gates, Chalnnau. Mr. Gates moved that the ordinances and resolutions above referred to be laid upon the table, without being printed, to be called up at the pleasure of the author of any of the same. The motion prevailed. Mr. Gates also returned to the Convention the ordi- nance 407, to authorize the General Assembly to amend the Constitution of the State. And moved that the same be referred to the Com- mittee on Amending the Constitution and Miscellaneous provisions. The motion prevailed. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was the report of the Committee on Suffrage and Elections. The question being upon the adoption of the amend- ment offered by Mr. Samford to Section 4 of the article- on Suffrage and Elections, Mr. Knox addressed the Convention at length. 976 Journal of Alabama Mr. Keese offered the following resolution, the rules were suspended and the same was adoi^ted : Kesolution 270 : Resolved, That 5,000 copies of the remarks of Hon. John B. Knox be printed in pamphlet form. Mr. Fitts moved a suspension of the rules in order that he might move that a vote should not be taken on the pending question until 12 o'clock m. Monday. Mr. deGraffenried moved to table the motion of Mr. Fitts. The motion of Mr. deGraffenried was lost. RECESS. Pending the further consideration of the motion of Mr. Fitts, the hour of 1 o'clock p. m. arrived, the Con- Tention recessed until 3 :30 this afternoon. AFTERNOON SESSION. The Convention met pursuant to adjouriimeut. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : Messrs. President, Carnathon, Altman, Chapman, Ashcraft, Cobb, Banks, Cofer, Barefield, Coleman (Greene), Bartlett, Coleman (Walker), Beddow, Cornwell, Bethune, Craig, Blackwell, Cunningham. Brooks, Davis (DeKalb), Browne, Davis (Etowah), Bulger, Dent, Burnett, deGraffenried, Byars, ^^'ey, Carmichael (Coffee), Eyster, Constitutional Convention. 977 Espy, Ferguson, Fitts, Fletcher, Foshee, Foster, Freeman, Gilmore, Glover, Graham (Talladega), Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hinson, Hodges, Hood, Howell, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Hale), Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Led better, Leigh, Locklin, Lomax, Long (Butler), 63 Lowe (Jefferson), Lowe (Lawrence), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, Miller ( Wilcox 'i Moody, Mulkey, Murphree, NeSmith, Norman, Norwood, Gates, O'Neal (Lauderdale), O'Neill, (Jefferson), Opp, O'Rear, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Pillans, Pitts, Porter, Proctor, Kenfro, Reynolds (Chilton), Reynolds (Henry), Robinson, Rogers (Lowndes), Rogers (Sumter), Sam ford, Sanders, San ford, Searcy, Selheimer, 978 Journal of Alabama Sentell, Walker, Sloan, Watts, Smith (Mobile), Weakley, Smith, Mac. A. AVeatherly, Smith, Morgan M., ^^liite, Sollie, Whiteside, Sorrell, Willett, Spears, Williams (Barbour), Spragins, Williams (Marengo), Stewart, Williams (Elmore), Tayloe, Wilson (Clarke), Thompson, Wilson (Washington). Vaughan, Winn — 137. Waddell, UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was the report of the Committee on Suffrage and Elections. Mr. Proctor moved that a vote be taken on the pend- ing question not later than 5 o'clock this afternoon. Mr. Lowe, of Jefferson, moved to amend the motion of Mr, Proctor by inserting 12 :30 o'clock on Monday^ in lieu of the words 5 o'clock this afternoon. Mr. Cobb offered the following substitute for the amendment of Mr. Lowe, of Jefferson : Substitute the words 12 :30 o'clock on Tuesday for the words 12 :30 on Monday. By unanimous consent Mr. Lowe was allowed to ac- ce])t the substitute of Mr. Cobb. Mr. Graham, of Talladega, moved to table the amend- ment offered by Mr. Lowe, of Jefferson, and the motion was lost. 1 Tlie question recurred upon the adoption of the amendment offered by Mr. Lowe, of Jefferson. The amendment was adopted. ^\v. (rraham, of Talladega, offered the following amendment: Amend so that the entire article on Suffrage and Elections shall be concluded at 12 o'clock Tuesdav. • Constitutional Convention. * 979 On motion of Mr. deGraffenried the amendment of Mr. Graham, of Talladega, was laid upon the table. The question then recurred upon the adoption of the motion of ^Ir. Proctor as amended by the motion of Mr. Lowe. The motion as amended was adopted. adjournment. The hour of 6 o'clock p. m. arrived, and under the rules the Convention adjourned until 9 :30 o'clock to- morrow mornino-. FIFTY-SIXTH DAY. Convention Hall. Montgomery, Ala., Saturday, July 27, 1901. The Convention met pursuant to adjournment. Prayer was offered by Rev. Mr. Shores of Prattville. Messrs. President, Dent, Altman, deGraffenried, Asbcraft, Duke, Banks, Eley, Barefield, Fletcher, Bartlett, Gilmore, Beddow, . Glover, Bethune, Grant, Blackwell, Greer (Calhoun), Brooks, Greer (PerryJ, Browne, Haley, Byars, Handley, Chapman, Heflin (Randolph), Cofer, Hood, Coleman (Greene), Howell, Cunningham, Howze, Davis (Etowah), Tnge, 980 Journal of Alabama Jackson, Jones (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), Knight, Ledbetter, Macdonald, Martin, Merrill, Miller (Wilcox), Moody, Murphree, Norman, Norwood, Opp, O'Kear, Pearce, Phillips, Pillans, Porter, Proctor, Kobinson, Kogers (Lowndes), Rogers (Sumter), Samford, . Sanders, Sanford, Selheimer, Smith (Mobile), Smith, Mac. A., Smith, Morgan M., Sollie, Spears, Stewart, Tayloe, Walker, Watts, Weakley, White, Whiteside, Williams (Barbour), Williams ( Marengo ) , Williams (Elmore), Winn— 80. LEAVES OF ABSENCE. Was granted to Messrs. Jenkins, Parker of Elmore, Spragins, Harrison, for to-day and Monday ; Oates, Car- nathon, Maxwell, Reese, Renfroe, Heflin of Chambers, for to-day ; Reynolds of Henry for to-day and Monday ; J. D. Norman for Monday, Tuesday and Wednesday; Carmichael of Colbert, for to-day. REPORT OF COMMITTEE ON THE JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in : The Committee on the Journal beg leave to report that they have examined the Journal for the fifty-fifth day of the Convention, and that the same is correct. Respectfully submitted, John F. Proctor, Chairman. Constitutional Convention. 981 resolutions on first reading. Tlie followiug resolutions were introduced, severally read one time at length and referred to appropriate com- mittees as follows : IJesohition 270, by Mr. Williams, of Marengo: Resolved, That 3,000 copies of the speech of Mr. Smith, of Mobile, be printed for distribution. The resolution was referred to the Committee on Schedule, Printing and Incidental Expenses. Resolution 271, by Mr. Beddow: Whereas, This Convention has ordered printed, at the expense of the State, the speeches of the gentlemen from Greene and Calhoun; and Whereas, Both of said speeches were made by dele- gates favoring the majority report of the Committee on Suffrage and Elections ; and Whereas, The people should be allowed to read and study both sides of this all important question; Therefore, be it resolved. That 5,000 copies each of the speeches of the gentlemen from Montgomery, Oates and Jones; and the gentlenum from Jefferson, Mr. White, be ordered printed in pamphlet form for distri- bution. 'Mr. Beddow moved a suspension of the rules for the puvpose of putting the resolution 271 on its immediate passage. The motion to suspend the rules was lost, and the resolution was referred to the Committee on Schedule, Printing and Incidental Expenses. Mr. Barefield offered the following resolution. The rules were suspended and the resolution was adopted : Resolution 272 : Resolved, That when this Convention adjourns at 1 o'clock it adjourns until 11 a. m. Monday. REPORT OF STANDING COMMITTEES. Mr. Heflin of Randolph, chairman of the Committee on Schedule. Pvirt'n''; and lu'-ideutal Expenses, sub- '982 Journal uf Alabama mitted the following report, which was laid upon the table and 300 copies ordered printed : Mr. President: The Committee on Schedule, Printing and Incidental Expenses have instructed me to make the following par- tial report, viz. : The committee has audited the accounts hereto at- tached, and find that the State of Alabama is indebted to the Brown Printing Company of Montgomery, Ala., in Vie sum of |8.T5. We find that said State is indebted to William H. Carrigan of Montgomery, Ala., in the sum of |3.00. We find that said State is indebted to Robert Hasson, door keeper, in the sum of |6.23. We find that said State is indebted to Ed. C. Fowler Company of Montgomery, Ala., in the sum of |20. We find that said State is indebted to J. W. Terry of Montgomery, Ala., in the sum of |5.00 for rent of typewriter up to July 24. "^ We find that said State is indebted to Ed. C. Fowler Company of Montgomery, Ala., in the sum of |3.46. All of the above amounts are for printing done, for articles furnished State of Alabama, for use of Consti- tutional Convention, and all of the above amounts are itemized as shown by the bills hereto attached. Total amount, $108.38, and we recommend the payment of the same. All of which is respectfully submitted. John T. Heflin. Chairman of Committee on Schedule, Printing and In- cidental Expenses. Mr. Samford, chairman of the Committee on Engross- ment, submitted the following report, and asked that the same go over until Monday, to be taken up and con- sidered then in its regular order : Mr. President : The Committee on Engrossment have examined and compared the following articles, to-'wit : Legislative De- partment, and find it correctly enrolliMl. Respectfully submitted, Wm. H. Samford. Chairman. The report went over until Monday. Constitutional Convention. 983 unfinished business. The Convention proceeded to the consideration of the unfinished business, wliicli Avas the report of the Committee on Suffrage and Elections. Tlie question being upon the adoption of the amend- ment ollered by Mr, Samford to Section 4 of the article on Suffrage and Elections. On motion of lSli\ Sanders the rules were suspended, and 5,000 copies of the speech of Dr. 11. M. Cunningham were ordered printed. ADJOURNMENT. Pending the further consideration of the report of the Committee on Suffrage and Elections, under the resolution heretofore adopted, the Convention adjourned until 11 o'clock on Monday. FIFTY-SECOND DAY. CONVENTION Hall. Montgomery, Ala., Monday, July 29, 1901. The Convention met pursuant to adjournment. Prayer was offered by Rev. Mr. Marshall of the citv. ROLL call. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : Messrs. President, Bartlett, Almon, ifJeavers, Altman, Beddow, Ashcraft, Blackwell, Banks, Boone, Barefield, Brooks, 984 Journal of Alabama Browne, Bulger, Byars, Oarmichael ( Colbert ) , Carmichael (Coffee), Carnathon, Chapman, Cobb, Cornwell, Craig, Cunningham, Davis, (Etowah), Dent, deGraffenried, Duke, Espy, Ferguson, Fletcher, Foshee, Freeman, Gilmore, Glover, Graham (Montgomery), Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Heflin (Chambers), Heflin (Eandolph), Hodges, Hood, Howell, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Hale), Jones (Montgomery),. Jones (Wilcox), Kirk, Knight, Kyle, Ledbettei, Lomax, Long (Butler), Long (Walker), Macdonald, McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, Miller (Wilcox), Moody, Murphree, NeSmith, Norwood, Gates, O'Neal (Lauderdale), Opp, O'Rear, Parker (Cullman), Parker (Elmore), Pettus, Phillips, Pillans, Porter, I'roctor, Reynolds (Chilton), Rol)insoii, Rogers (Lowndes), Rogers (Sumter), Samford, Sanford, Sentell, Smith (Mobile), Smith, Mac. A. Smith, ^lorgan M,, Sollie, Constitutional Convention. 985 Spears, Williams (Barbour), Stewart, Williams (Marengo). Vaughan, Williams (Elmore), Walker, Wilson (Clarke), Watts, Wilson (Washington), Weakley, Winn — 107. Weatherly, LEAVE of absence. Was granted to ^lessrs. White, Jones of Montgon-- ery, Ferguson, Waddell and Ely for to-day; Pitts, Tixy- loe, Reese, Hodges for to-day; Harrison for to-day. PRIVILEGES OF THE FLOOR. Mr. Long, of Walker, moved that the privileges of tbe iioor be extended to Hon. F. L. Blackman of Annis- ton, and the motion prevailed. REPORT OF COMMITTEE ON JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in : The Committee on the Journal beg leave to report that ilicy have examined the Journal for the fifty-s;.\tli day of the Convention, and that the same is correct. Respectfully submitted, John F. Proctor, Chairman. RESOLUTIONS ON FIRST RI]AI)ING. The following resolutions were introduced, severally read one time at lengtli, and referred to appropriate committees, as follows : Resolution 273, by Mr. Gilmore : Resolved, That 5,000 copies each of the speeches of Gen. William C. Oates,Gen. George B. Harrison, Hon. Frank S. White, Hon. S. H. Dent," and Gov. Thomas G. Jones be printed in pamphlet form for distribution among the citizens of the State. The resolution was referred to the Committee on Schedule, Printing and Incidental Expenses. 986 Journal of Alabama Resolution 274,, by Mr. Seutell : Whereas, There are mauy members of this Convention who desire to give some expression of their views upon the question now under consideration, and Whereas, They will not be permitted to do so under the present rule of long speeches; therefore be it Eesolved, That on to-morrow, Tuesday, up until 12 o'clock, the hour of voting, all speeches be limited to 5 minutes in length. The resolution was referred to the Committee on Rules. ORDINANCES ON FIRST READING. The folloAving oi'dinance was introduced, read one time at length, and referred to appropriate com- mittee, as follows : Ordinance 434, by Mr. Williams, of Marengo : Relating to the voting of commercial drummers, min- ' isters of the gospel, school teachers and railroad em- ployes, and other good men whose business causes them to be transients. The ordinance was referred to the Committee on iSuffrage and Elections. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was the report of the 'Committee on Suffrage and Elections. The question was upon the adoption of the amend- ment of Mr. Samford to Section 4 of the article on Suf- frage and Elections. RECESS. The hour of 1 o'clock p. ui. arrived, and under the rules, the Convention recessed until 3:30 this afternoon. Constitutional Convention. 987 AFTERNOON SESSION. The Convention met pursuant to adjournment. ROLL CALL. On a call of the roll of the Convention the follow- ing delegates answered to their names, which constituted a quorum : Messrs. President, Altman, Ashe raft, Banks, Barefield, Bartlett, lienvers, Beddow, Blackwell, Boone, Brooks, Browne, Bulger, Byars, Carmichael (Colbert), Carmichael (Coffee), Chapman, Cobb, Cunningham, Davis (Etowah), Dent, deGraifenried, Fletcher, Foshee, Freeman, Gilmore, Glover, Graham ( Montgomery) , Grant, Grayson, Greer (Calhoun), Handley, Hefliu (Chambers), Heflin (Randolph), Hend2rsou, Hood, Howell, Howze, Inge, Jenkins, Jones (Wilcox), Kirk. Kirkland, Knight, Ledlbetter, Lomax, Long (Butler), Long (Walker), Macdonald, Malone, Martin, Maxw.-U, Merrill, Miller (Wilcox), bloody, iNIurphree, Norwood, Oates, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, , Pearce, 988 Journal of Alabama Pettus, Smith, Morgan M. Phillips, Sollie, Pillans, Spears, Pitts, Stewart, Porter, Vaiighan, Proctor, Walker, Reynolds (Chilton), Watts, Robinson, Weakley, Rogers (Lowndes), Weatherly, Rogers (Sumter), Williams (Barbour), Samford, Williams (Marengo), Sanford, Wilson (Clarke), Sentell, Wilson (Washington), Smith (Mobile), Winn— 91. Smith, Mac. A., UXFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was the report of the Committee on Suffrage and Elections. The question was upon the adoption of the amend- ment offered by Mr. Samford to Section 4 of the article on Suffrage and Elections. Mr. Beddow offered the following resolution, which was referred to the Committee on Rules: Resolution 275 : Resolved, That 5,000 copies of the speech delivered by Mr. Sollie be ordered printed for distribution. ' , ADJOURNMENT. The hour of G o'clock arrived, and under the rules the Convention adjourned until 9 :30 o'clock to-morrow mornins:. Constitutional Convention. 989 FIFTY-EIGHTH DAY. Convention Hall. Montgomery, Ala., Tuesday, July 30, 1901, The Convention met pursuaut to adjournment. Prayer was offered by Rev. Mr. Marshall of the city. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : INIessrs. President, Altinan, Ashcraft, Barefield, Bartlett, Beavers, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Bulger, Burnett, Byars, Cardon, Carmichael (Colbert' Carmichael (Coffee), Carnathon, Chapman, Cobb, Cofer, Coleman (Greene), Coleman (Walker), Cornwell, Craig, Cunningham, Davis (Etowah),' Dent, deGraffenried, Duke, Eley, Eyster, Ferguson, Fletcher, Foshec, l"'oster, Gilmore, Glover, Graham ( Montgomery ) , Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Hefliu (Randolph), Henderson, Hinson, 990 Journal of Alabama Hodges, Hood, Howell, Howze, Inge, Jackson, Jenkins, Jones (Hale), Jones ( ^Montgomery ) , Jones (Wilcox), Kirk, Kirkland, Knight, Leigh, Lomax, Long (Butler), Long (Walker), Lowe (Jefferson), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, ^laxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Mnlkev, Murphree, NeSmith, Norman, Norwood, Gates, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, O'Rear, Parker (Cullman),. Pearce, Pettus, Phillips, Pillans, Pitts, Porter, Proctor, Reese, Reynolds (Henry), Robinson, Rogers ( Lowndes ) , Rogers (Sumter), Sam ford, Sanders, Sanford, Searcy, Sentell, Sloan, Smith (Mobile), Smith, Mac. A., Smith, Morgan M., Sol lie, Sorrell, s Dears. Stewart, Studdard, Tayloe, Thompson, Vaughan, Wad dell, Walker, Watts, Weakley, Weatherly, WHiite, Whiteside, Willett, Williams (Barbour), Williams (Marengo), Williams (Elmore), Wilson (Clarke), Wilson (Washington). Winn— 134. Constitutional Convention. 991 leave of absence Was granted to Mr. Stewart for this afternooUy. Wednesday and Tlmrsday. REPORT OF COMMITTEE ON THE JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in: The Committee on the Journal beg leave to report that they have examinerl the Journal for the fifty-seventh day of the Convention, and that the same is correct. Eespectfully submitted, John F. Proctor^ Chairinan. STENOGRAPHIC REPORT. Messrs. Porter and Rogers of Lowndes called the at- tention of the Convention to certain errors in the sten- ographic report of the proceedings of yesterday. The report was ordered corrected. QUESTION OF PERSONAL PRIVILEGE. Mr. Reese arose to a question of personal privilege and proceeded to state his question of personal privi- lege. On motion of Mr. Heflin, of Chambers, the privileges of the floor were extended to Senator R. L. Kipp. REPORT OF COMMITTEE ON RULES. Mr. Smith, of Mobile, acting chairman of the Com- mittee on Rules, reported favorably the following resolu- tion: Resolution 276 : Resolved, That hereafter the sessions of this Conven- tion shall be as follows : Meet daily at 9 a. m., adjourn at 1 :30 p. m. ; meet at 3 :30 p. m. and adjourn at 7 p. m, Mr. Howze moved to amend the resolution by insert- ing the word 1 o'clock p. m. instead of 1 :30 p. m. The amendment was adopted. ^92 Journal of Alabama Mr. Sollie moved to aDiend the resolution bv insert- ing the words 3 o'clock p. m. instead of the words 3 :30 p. ni. On motion of Mr. Rogers of Sumter the amendment of Mr. fc?ollie was laid upon the table. On motion of Mr. Smith, of Mobile, the resolution, as amended, was adopted. rXFIXISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was the report of the Committee on Suffrage and Elections. The question was upon the adoption of the amend- ment oft"ered by Mr. Samford to Section 4 of the article on Suft'rage and Elections. By unanimous consent Mr. Samford withdrew his amendment. Mr. Coleman, of Greene, moved that the rules be sus- pended, for the purpose of extending the time to take the vote until 1 o'clock p. m., and limiting the debate to 10 minutes. The motion was lost. The question was upon the adoption of- the minority report to subdivision 2 of Section 4. The minority report reads as follows: We recommend that the aforesaid subdivision 2 of Section 4 be stricken out. Respectfully submitted, Frank S. White, S. H. Dent, Geo. p. Harrison, Wm. C. Gates. :\rr. Robinson moved to table the minority report, and the motion prevailed: Yeas, 109; nays, 23. Constitutional Convention. 993 YEAS. Messrs. President, Altman, Aslicraft, Barefield, Beavers, Bethune, Blackwell, Boone, Brooks, Bulger, Burnett, Cardon, Carmichael (Colbert), Carmichael (Coffee), Carnathon, Chapman, Cobb, Coleman (Greene), Coleman (Walker), Cornwell, Canningham, Davis (Etowah), deGraffenried, Duke, Eyster, Fitts, Fletcher, Foster, Gilmore, Glover, Graham (iMontgomery), Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Heflin (Chambers), Heflin (Randolph), 63 Henderson, Hinson, Hodges, Hood, Howze, Inge, •Jack, so 11, Jones (Bibb), Jones (Hale), Jones (Wilcox), Kirk, Knight, Ledbetter, Leigh, Lomax, Long (Butler), Long (Walker), Macdonald, McMillan (Wilcox), Malone, ^lartin, Maxwell, Merrill, Miller (Wilcox), Moody, NeSmith, Norman, Norwood, O'Neal (Lauderdale) Opp, O'Rear, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Pillans, Pifts. Proctor, Kcese, 994 Journal of Aj^abama Reynolds (Henry), Robinson, Rogers (Lowndes), Rogers (Sumter), Sam ford, Sanders, Sanford, Searcy, Selheimer, Sentell, Smith, Mac. A, Smith, Morgan M.» Sollie, Spragins, Stewart, Tayloe, Thompson, Vaughan, Walker, Watts, Weakley, Weatherly. Whiteside, Willett, Williams (Barbour)^ Williams (Marengo), Williams (Elmore), Wilson (Clarke), Wilson (Washington), Winn — 109. NAYS. Messrs. Bartlett, Beddow, Cofer, Dent, Eley, Ferguson, Foshee, Harrison, Jones (Montgomery), Kirkland, Kyle, Lowe (Jefferson), Mulkey, Murphree, Gates, O'Neill (Jefferson), Porter, Reynolds ( Chilton )y Sloan, Smith (Mobile), Spears, Waddell, White— 23. PAIRS ANNOUNCED. Tlie following pairs were announced : Messrs. Locklin, Banks, Browne, Graham of Talla- dega ; Burns, Byars, Craig, Freeman, Mc^Iillan of Baldwin; Howell, Jenkins, Renfroe, Davis of DeKalb; Phillips. ^lessrs. Locklin, Browne, Burns, Craig, ^fc- ^lillan of Baldwin, Jenkins, Davis of DeKalb, would vote aye; and ^[essrs. Banks, Graham of Talladega, Byars, Freemen, Howell, Renfroe and Phillips Avould vote nay. Constitutional Convention. 995 Mr. Gates offered the following amendment to Section 4, subdivision 1 : Amend Section 4, first subdivision, after the word "States" in line ten, strike out the semicolon, insert therefor a comma, and add the words "and did not de- sert from such service." RECESS. The hour of 1 o'clock p. m. arrived, and under the rules the Convention recessed until 3 :30 this afternoon. AFTERNOON SESSION. The Convention met pursuant to adjournment. roll call. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : Messrs. President, Chapman, Altman, Cobb, Ashcraft, Cofer, Banks, Coleman (Greene), Barefield, Coleman (Walker), Bartlett, Cornwell, Beddow, Craig, Bethune, Cunningham, Blackwell, Davis (DeKalb), Boone, Davis (Etowah), Brooks, Dent, Browne, deGraffenried,, Bulger, Duke, Burnett, Eley, Byars, Eyster, Carmichael (Colbert), Ferguson, Carmichael (Coffee), Fitts, Carnathon, Fletcher, Case, Foshee, 996 Journal of Alabama Foster, Gilmore, Glover, Graham ( Montgomery ) , Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hinson, Hodges, Hood, Howell, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Ledbetter, Leigh, Locklin, Lomax, Long (Butler), Long (Walker), Lowe (Jefferson), Macdonald, McMillan (Baldwin), McMillan ( Wilcox ) , Malone, Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Morri.iette, Mulkey, Murphree, Norman, Norwood, Gates, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, O'Eear, Parkoi' (Cullman), Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Pitts, Porter, Proctor, Reese, Renfro, Reynolds (Chilton), Robinson, Rogers (Lowndes), Rogers (Sumter), Samford, Sanders, Sanford, Searcy, Selheimer, Sloan, Smith (Mobile), Smith, Mac. A., Smith, Morgan M., Sollie, Constitutional Convention. 997 Sorrell, Spears, Spragins, Studdard, Tayloe, Thompson, Vaughan, Waddell, Walker, Watts, Weakley, Weatherly, White, Whiteside, Willett, Williams (Barbour), Williams (Marengo),. Williams (Elmore), W^ilson (Clarke), Wilson ( Washington ) , Winn— 141. unfinished business. The Convention proceeded to the consideration of the unfinished business, which was the report of the Committee on Suffrage and Elections. The question was upon the adoption of the amend- ment offered by Mr. Gates to Section 4, subdivision 1 of the article reported by the Comniitee on Suffrage and Elections. On motion of Mr. O'Neal, of Lauderdale, the amend- ment offered by Mr. Oates was laid upon the table. Mr. Robinson offered the following amendment to Section 4 : Amend Section 4 by inserting after the word "up- wards," in the second line, the following words, "and those who will become 21 years of age before the first day of January, 1905." Mr. Coleman, of Greene, moved to table the amend- ment offered by Mr. Robinson. And the motion to table prevailed : Yeas, 64 ; nays, 53. YEAS. Messrs. President, Altman, Ashcraft, Banks, Barefleld, Bethune, Blackwell, Boone, Bulger, P>ya rs, Gnrmichael (Colbert)^ Carnathon, 998 Journal of Alabama Chapman, Cofer, Coleman (Greene), Coleman (Walker), Cunningham, deGraftenried, Eyster, Ferguson, Fitts, Fletcher, Glover, Grant, Greer (Calhoun), Greer (Perry), Haley, Harrison, Hinson, Hood, Howze, Inge, Jones (Wilcox), KnighL, Macdonald, McMillan (Wilcox), Merrill, Miller (Wilcox), NeSmitli, Norwood, O'Neal (Lauderdale), O'Neill, (Jefferson), Opp, O'Rear, Parker (Cullman), Pettus, Pitts, Proctor, Reese, Rogers (Sumter), Sanders, Sanford, Searcy, Selheimer, Smith (Mobile), Vaughan, Wad'dell, Walker, Watts, AYeakle}^, Weatherly, Williams (Barbour), Williams ( Marengo ) , Wilson ( Washington ) , Winn— G4. JS'AYS. Messrs. Bartlett, Beddow, Brooks, Burnett, Cardon, Carmichael (Coffee), Cobb, Davis (Etowah), Dent, Duke, Eley, Foshee, ' Gilmore, Graham (Montgomery), ^ Jrnyson, Handley, Heflin ^Randolph), Renderson, Jnrkson, Jenkins, JoTies (Bibb), Kirk, • Kyle, Lomax, Constitutional Convention. 999 Long ( Walker ) , Samf ord, Lowe (Jefferson), Sloan, Malone, Smith, Mac. A. Martin, Smith, Morgan M., Maxwell, Sollie, Moody, Sorrell, Murphree, Spears, Oates, Spragins, Parker (Elmore), Tayloe, Pearce, Thompson, Phillips, White, Porter, ^Vhiteside, Reynolds (Henry), Williams (Elmore), Eobinson, Wilson (Clarke), — 53. Rogers (Lowndes), PAIRS announced. Messrs. Browne and Graham of Talladega. Mr. Browne stated that he did not know how Mr. Graham, ^f Talladega, would vote, but that he was paired, and if present he (Mr. Graham, of Talladega) would vote nay, and that he (Mr. Browne) Avould vote aye. Subdivision 1 of Section 4 of the article of the report of the Committee on Suffrage and Elections was :adopted. Subdivision 2 of Section 4 of the article of the report of the Committee on Suffrage and Elections was adopted. protest. Mr. Lowe, of Jefferson, stated that he desired to file his protest against the adoption of subdivision 2, as he considered the subdivision 2 undemocratic, unjust and nnfair. Subdivision 3 of Section 4 of the article of the report (- t!ie 1002 JouRXAL OF Alabama date of the next general election, the qualifications as to residence prescribed in Section 2 of this article, shall be qualified to register as electors; provided, they shall not be disqualified under Section 6 of this article : First — Those who, unless prevented by i^hysical dis- ability can read and write any article of the Constitu- tion of the United States in the English language, and Avho, being physicalh'- able to work, have been regularly engaged in some lawful business or occupation, trade or calling for twelve months next preceding the time they offer to register; or Second — The owner in good faith in his own right or the husband of a woman who is the owner in good faith in her own right, of forty acres of land situated in this State, upon which they reside ; or the owner in good faith in his own right, or the husband of any woman who is the owner in good faith in her own right, of real estate situate in this State assessed for taxation at the value of |300 or more, or the owner in good faith, in his own right, or the husband of a woman who is the owner in good faith, in her own riglit, of personal prop- erty in this State assessed for taxation at fSOO or more; providetl, that the taxes due upon such real or personal property for the year next preceding the year in which he offers to register, shall have been paid, unless the as- sessment shall have been legally contested and is unde- termined,. On motion of Mr. Samford the rules were suspended and Section 5 was considered by subdivisions. Mr. Long, of Walker, offered the following amend- ment to Section 5, subdivision 1 : Amend Section 5 in first line by striking out "1903" and inserting "1905" in lieu thereof, and by adding after word "article," in fifth line, tlie following: "Provided further, tlmt all male persons becoming of age or citi- zens of Alabama, l)etween first of January, 1903, and first January 1905, shall be registered under subdivision 3 of Section 4 of this article." Mr. O'Neal, of Lauderdale, moved to table the amend- ment offered Ijy ^Ir. Long, of AValker. Constitutional Convention. 1003 The motion prevailed, and the aiueiidment was laid upon the table: Yeas, 63; nays, 49. YEAS. Messrs. President, Ash era ft, Banks, Barefield, Bethune, Black well, Boone, Browne, Carmichael ( Colbert ) , Carnathon, Chapman, Cobb, Coleman (Greene), Coleman (Walker), Cunningham, Dent, deGraffenried, Fitts, Fletcher, Foster, Glover, Grant, Greer (Perry), Hinson, Hood, HoAvell, Howze, Inge, Jones (Wilcox), Knight, Lomax, Lowe (Jefferson), Macdonald, McMillan (Wilcox), Merrill, Miller (Wilcox), NeSmith, Norwood, O'Neal (Lauderdale), O'Eear, Parker (Cullman), Pettus, Pillans, Pitts, Rogers (Lowndes), Bogers (Sumter), Sanders, Searcy, Selheimer, Smith (Mobile), Tayloe, Vaughan, Wad^dell, Walker, Watts, Weakley, Weatherly, Williams ( Barbour) , Williams (Marengo), Williams (Elmore), Wilson (Clarke), Wilson (Washington), Winn— 03. 1004 Journal of Alabama NAYS. Messrs. Bartlett, Beddow, Bulger, Burnett, Cardon, Caruii cliael ( Coffee ) , Davis (Etowah), Duke, Eley, Ferguson, Foshee, Graham (Montgomery), Grayson, Greer (Calhoun), Haley, Handley, Heflin (Randolph), Jacksoii. Jenkins, Jones (Bibb), Kirk, Kyle, Long (AValker), Mai one, Martin, Maxwell, Moody, Murpliree, Gates, O'Neill (Jefferson), Opp, Parker (Elmore), Pearce, Phillips, Porter, Proctor^ Reynolds (Henry), Robinson, Sanford, Sloan, Smith, Mac. A., Smith, Morgan M., Sollie, Sorrell, Spears, Spragins, Thompson, White, Whiteside— 49. RECONSIDERATION. Mr. Williams, of Elmore, gave notice that on to-mor- row morning he would move to reconsider the vote by which the amendment offered by Mr. Long, of Walker, was tabled. Mr. Coleman, of Greene, moved that subdivision 1 of Section 5 be adopted, and called for ])revious quosti)n. ADJOURNMENT. On motion of Mr. Rogers, of Sumter, the Convention adjourned until o'clock to-morrow morning. Constitutional Convention. 1005 FIFTY-NINTH DAY. Convention Hall. Montgomery, Ala., Wednesda}^, July 31, 1901. The Convention met pursuant to adjournment. Prayer Avas offered by Rev. Mr. Howell of the Con- vention. roll call. On a call of the roll of the ('onvention the following delegates answered to their names, which constituted a quorum : Messrs. President, Altman, Ashcraft, Banks, Barelield, Bartlett, Beavers, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Bulger, Burnett, Byars, Cardon, Carmichael (Colbert), Carmichael (Coffee), Carnathon, Chapman, Cobb, Cofer, Coleman (Greene), Coleman (Walker), Cornwell, Craig, Cunningham, Davis, (Etowah), Dent, deGraffenried, Duke, Eley, Eyster, Ferguson, Fitts, Fletcher, Foshee, I'^oster, Gilmore, Glover, Graham (Montgomery), Graham (Talladega), Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), 1006 Journal of Alabama Heflin (Randolph), Henderson, Hodges, Hood, Fo^ell, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Wilcox), King, Kirk, Kirkland, Knight, Kyle, Ledbetter, Leigh, Lomax, Long (Butler), Long (Walker), Lowe (Jefferson), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, Miller (Wilcox),. Morrisette, Miirphree, NeSmith, Norwood, Gates, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, O'Rear, Palmer, Parker (Cullman),. Pettus, Phillips, Pillans, Pitts, I'roctor, Reese, Robinson, Rogers ( Lowndes ) , Rogers ( Sumter) , Samford, Sanders, Sanford, Searcy, Selheimer, Sentell, Sloan, Smith (Mobile), Smith, Mac. A., Smith, Morgan M.,. Sollie, Sorrell, Spears, Spragins, Tayloe, Thompson, Vaughan, Waddell, W^alker, Watts, AVeakley, White, ' Whiteside, Williams (Barbour),. Williams (Marengo), Williams (Elmore), Wilson (Clarke), ■^^'■1sou (Washington)' Winn— 129. Constitutional Convention. 1007 leave of absence. Was granted to Messrs. Jones of Montgomery for to- day; Graham of Talladega for yesterday; to Mr. Sentell this afternoon and to-morrow. REPORT OF COMMITTEE UN THE .KJI'RNAL. The chairman of the Committee on the Jonrnal sub- mitted the following report, which was concurred in : The Committee on the Journal beg leave to report that they have examined the Journal for the fifty-eighth day of the Convention, and that the same is correct. Respectfully submitted, John F. Proctor, Chair }nan. RESOLUTIONS ON FIRST READING. The following resolution was introduced, severally read one time at length, and referred to appropriate committees, as folows: Resolution 277, by Mr. O'Neal, of Lauderdale : Resolved, That a special committee of three be ap- pointed by the Chair, Avhose duty it shall be to ascertain and report the 'cause of the delay and confusion in the delivery and distribution of the mail of the delegates to this Convention, and to recommend such action as they deem best to secure a speedy delivery and distribution of the mail. On motion of Mr. O'Neal, of Lauderdale, the rules were suspended, and the resolution was adopted. APPOINTMENT OF COMMITTEE. The President appointed the following committee, under the resolution above set out : Committee — ]Messrs. O'Neal of Lauderdale, Pillans, and NeSmith. Resolution 278, by Mr. deGraff enried : Resolved, That the Secretary of this Convention be and he is hereby instructed to l)uy the necessary parch- 1008 Journal OF Alabama ment for enrolling the Constitution to be adopted by this Convention. The resolution was adopted. Kesolutiou 279, by the IJules Committee : Kesolved, That from and after the passage of this resoluton the special resolution heretofore introduced, extending the limit of debate as applicable to the con- sideration of the report of the Committee on Suffrage, be repealed; and that the previous rule, limiting each speech in the debate upon amendments to ten minutes be again put in force. The resolution was adopted. Resolution 280, by Mr. Long, of Walker : Be it ordained that Section 5 of the report of the Committee on Suffrage and Elections be stricken out and the following inserted in lieu thereof: Sec. 5. The Greneral Assembly shall provide by law for the registration of all male persons becoming of age and all male persons who become citizens of Alabama on and after the first of January, 1903 ; provided, any law for registration nmde by the General Assembly shall require all applicants for registration after January 1st, 1903, to l)e eligible to register under all the require.- nients made by Section 2 of this article; provided, the General Assembly may make by law, to become oper- ative after January 1st, 1903, such other x>rovisions for registering and voting not in conflict Avitli this Consti- tution. The resolution was referred to the Committee on Suffrage and Elections. ORDINA^'CES ON FIRST READING. The following ordinances were introduced, severally read one time at length, and referred to appropriate committees, as follows : Ordinance 435, hj Mr. Beavers : To amend Section 3 of Article II of the Constitution. The ordinance was referred to the Committee on iState and County Boundaries. Ordinance 436, by Mr. Handley: Constitutional Convention. 1009 To repeal Sections 8 aud 9 on Banks and Banking, .adopted by this Convention. Tlie ordinance was referred to the Committee on Banks and Banking. STENOGRAPHIC REPORT. Messrs. Bulger, Dent and Long of Walker called the attention of the' Convention to certain errors in the stenographic report of the proceedings of yesterday. report of the committee on engrossment. The chairman of the Committee on Engrossment sub- mitted the following report : 3Ir. President: The Committee on Engrossment have examined and ■compared the following article, to-wit : Legislative De- partment and find it correctly engrossed. Respectfully submitted, Wm. H. Samford, Chairman. Mr. O'Neal, of Lauderdale, moved to lay the entire article of Legislative Department on the table. Tlie motion was lost. ordinance on third reading. The ordinance ''to create and define the Legislative Department" was taken up, read a third time at length as follows, aud adopted: Yeas, 115; nays, 12. An ordinance to create and define the Legislative Department. Be it ordained by the people of Alabama, in Con- vention assembled, that Article lY of the Constitution l)e stricken out, and the following article inserted in lieu thereof: 64 10 iO Journal of Alabama^ ARTICLE — LEGISLATIVE DEPARTMENT. Section 1. The legislative power of this State shall be vested in a Legislature, which shall consist of a Sen- ate and House of Representatives. Sec. 2. The style of the laws of this State shall be : "Be it enacted by the Legislature of Alabama/' which need not be repeated, but the act sluill be divided into sections for convenience, according to substance, and the sections designated mereh^ by figures. Each law shall contain but one subject, which shall be clearly expressed in its title, except general appro- priation bills, general revenue bills, and bills adopting a code, digest, or revision of statute; and no law shall be revived, amended or the provisions thereof extended or conferred, by reference to its title only ; but so much thereof as is revived, amended, extended, or conferred, shall be reenacted and published at length. Sec. 3. Senators and Representatives shall be elected' by the (pialified electors on Tuesday after the first Mon- day in November, 11)02, and every four years thereafter, unless the Legislature shall change the time of holding elections ; the terms of ofiice of the Senators^ and Representatives shall be four years, commencing on the day after the general election, except as otherwise provided in tliis Constitution. Whenever a vacancy shall occur in either House the Governor shall issue a writ of election to fill such vacancy for the remainder of the term. Sec. 4. Senat(u-s shall be at least twenty-five years of age, and Representatives twenty-one years of age; they shall have been citizens and residents of this State for ihviH' years and i-esideuts of their respective counties or disti-icts one year next Ix^fore their election, if such cov.nty or <1isti'i('t 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 dis- tricts during their terms of service. Constitutional Ccnvkntion. 1011 Sec. 5. The Legislature shall meet quadrenniall}-, at the Capitol in the Senate Chamber and in the Hall of the House of Representatives, (except in cases of the destruction of the Capitol, or epidemics, when tl^e Gov- ernor may convene them at such place in the b^tate as he may deem best), on the day specified in this Consti- tution, or on such other day as may be prescribed by law; and shall not remain in session longer than sixty davs at the first session held under this Constitution^ nor longer than fifty days at any subsequent session. Sec. 6. The pay of the members of the Legislature shall be |4.00 per day, and 10 cents per mile in going to and returning from the seat of government, to be computed by the nearest usual route traveled. Sec. 7. The Legislature shall consist of not more than thirty-five Senators, and not more than one hun- dred and five members of the House of Representatives, to be apportioned among the several districts and coun- ties as prescribed in this Cooistitution ; provided that upon the creation of any new county, it shall be en- titled to one Representative in addition to tlie number above named. Sec. 8. The Senate, at the beginning of each regular session, and at such other times as may be necessary^ shall elect one of its members President thereof, to pre- side over the deliberations in the absence of the Lieuten- ant Governor ; and the House of Representatives, at the beginning of each regular session, and at such other time as may be necessary, shall elect one of its mem- bers as Speaker; and. the President of the Senate and the Speaker of the House of Representatives shall hold their offices respectively until their successors are elected and qualified. In case of temporary disability of either of said presiding officers, the House to which he belongs may elect one of its members to preside over that House and to perform all the duties of such officer under disability during the continuance of the same; and such temporary officer, while performing duty as such, shall receive only the same compensation to which the permanent officer is entitled by law. Each House 1012 Journal of Alabama shall choose its own officers and shall judge of the elec- tion, returns and qualifications of its members. Sec. 9. A majority of each House shall constitute a quorum to do business; but a smaller number may ad- journ from day to day and may compel the attendance of absent members, in such manner and under such pen- alties as each House may provide. Sec. 10. Each House shall have power to determine the rules of its proceedings and to punish its members or other persons, for contempt or disorderly behavior in its presence; to enforce the obedience to its process; to protect its members against violence, or offers of bribe or corrupt solicitation ; and with the concurrence of tworthirds of either House, to expel a member, but not a second time for the same offense; and shall have all the powers necessarv for the Legislature of a free State. Sec, 11. A member of either House expelled for cor- ruption shall not thereafter be eligible to either House, and punishment for contempt or disorderly behavior shall not bar an indictment for the same offense.- Sec. 12. Each House shall keep a Journal of its pro- ceedings and cause the same to be published immediate- ly after its adjournment, excepting such parts as, in its judgment, may require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one.-tenth of the members present, be entered on the Journal. Any member of either House shall have liberty to dissent from or protest against any act or resolution which he may think injurious to the public, or an individual, and have the reasons for his dissent entered on the Journal. Sec. 13. Members of the Legislature shall, in all cases, except treason, felony, violation of their oath of office, and breach of the peace, be privileged from ar- rest during their attendance at the session of their re- spective Houses, and in going to and returning from the same; and for any speech or debate in either House they shall not be questioned in any other place. Sec. 14. The doors of each House shall be opened ex- cept on such occasions as, in the opinion of the House, Constitutional Convention. 1013 may require -secrecy, but no person shall be admitted to the floor of either House while the same is in session, except members of the Legislature, the officers and em- ployes of the two Houses, the G^overnor and his secre- taries, representatives of the press, and such other per- sons to whom either House, by unanimous vote, may ex- tend the privileges of its floor. Sec. 15. Neither House shall, without consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting. Sec. 16. No Senator or Representative shall, during the term for which he shall have been elected, be ap- pointed to any office of profit under this State, which shall have been created, or the emoluments of which shall have been increased during such term, except such offices as may be filled by election b}^ the people. Sec. 17. No person convicted of embezzlement of the puldic money, bribery, perjury, or other infamous crime, shall be eligible to the Legislature, or capable of hold- ing any office of trust or profit in this State. Sec. 18. No law shall be passed except by bill, and no bill shall be so altered or amended on its passage through either House as to change its original purpose. Sec. 19. No bill shall become a law until it shall have been referred to a standing committee of each House, acted upon by such committee in session, and returned therefrom, which facts shall affiruuitively ap- pear upon the Journal of each House. Sec. 20. Ever}' bill shall be read on three different days in each House, and no bill shall beconu^ a law, un- less on its final passage it be read at length, and the vote be taken by yeas and nays, the names of the mem- bers voting for and against the same to be entered upon the Journals, and a majority of each House hv recorded thereon ?is voting in its favor, except as otherwise pro- vided in this Constitution. Sec. 21. No amendment to bills shall be adopted ex- cept by a majority of the House wherein the same is offered, nor unless the amendment with the names of those voting for and against the same shall be entered at length on the Journal of the House in which the 1014 Journal of Alabama same is adopted, and no amendment to bills by one House shall be concurred in by the other, unless by a vote taken by yeas and nays, and the names of the mem- bers voting for and against the same be recorded at length on the Journal ; and no report of a committee of conference shall be adopted in either House, except upon a vote taken by yeas and nays, and entered on the Jour- nal, as herein provided for the adoption of amendments. Sec. 22. The Legislature shall have no power to authorize lotteries or gift enter[>rises for any purpose, and shall pass laws to prohibit the sale of lotterj^ or gift enterprise tickets, or tickets in any scheme in the nature of a lottery, in this State ; and all acts, or parts of acts heretofore passed by the Legislature of this StatC;, authorizing a lotterj^ or lotteries and all acts amenda- tory thereof, or supplemental thereto, are hereby avoided. Sec. 23 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 Legis- lature, after the same shall have been publicly read at length immediately before signing, and the fact of read- ing and signing shall be entered upon the Journal ; but the reading at length may be dispensed with by a two- thirds vote of a quorum present, which fact shall also be entered upon the Journal. Sec. 24. The Legishiture shall ])rescribe by law the num- ber,- duties and compensation of the officers and employes of each House, and no payment shall be made from the State Treasury or be in any way authorized to any per- son except to an acting officer or employe elected or appointed in pursuance of law. Sec. 2r Tlie Legislature sliall liave no power to grant or to authorize or require any county or muni- cipal authority 1(' grj>nt, nor sliall any county or muni- ci].al authority have power to grant any extra compen- sation, fee or allowance to any public officer, servant or employee, agent or contractor, after service shall have been rendcied or contract made, nor to increase or decrease t])e fees and c(nu])ensation of such officers ■during their term of office; nor shall anv officer of the Constitutional Convention. 1015 vState bind the State to tlie payment of any sum of money but by authority of law, provided this section shall not apply to allowances made bj^ Commissioners, -Courts or Boards of IJevenue to county officers for ex ^)'Ticio services. Sec. 26. All stationery, printing,, paper and fuel used in the legislative and other departments of government shall be furnished and the printing, binding and distribution of laws, Journals, department reports and all other printing and binding and repair- ing and furnishing the halls and rooms used for the meeting of the Legislature and its com- mittees, shall be performed imder contract, to be given to the lowest responsible bidder below a maxi- mum price, and under such regulations as shall be pre- scribed by law ; no member or officer of any department of the government shall be in any way interested in such contracts, and all such contracts shall be subject to the iipproval of the Governor, Auditor and Treasurer. Sei-. 27. All l)ills for raising revenue sliall originate In the House of Ivepresentatives. Tlte (xovernor, Audi- tor and Attorney General shall, before each regular session of tlie Legislature, prepare a general revenue bill to be submitted to the Legislature, for its informa- tion, and the Secretary of State shall have printed for the use of the Legislature a sufficient number of copies of the bill so prei)ared which the Governor shall trans- mit to the House of Kepresentatives as soon as organ- ized, to be used or dealt with as that House ma}' elect. The Senate may propose amendments to revenue bills. No revenue bill shall be passed during the last five days of the session. Sec. 28. The general appropriation bill shall em- brace nothing but appropriations for the ordinary ex- penses of the Executive, Legislative and Judicial de- partments of the State, interest on the public debt, and for the public schools. The salary of no officer or em- ploye shall be increased in such bill, nor shall any ap- propriation be made for any officer or employe unless liis employment and the amount of his salary have al- ready been provided for by law. All other appropria- 1016 Journal of Alabama tions shall be made by separate bill, and each embrac- ing but one subject. Sec. 29. No money shall be paid out of the Treasure except upon appropriation made by law, and on war- rant drawn by the proper officer in pursuance thereof; and a regular statement and account of receipts and ex- penditures of all public moneys shall be published an- nually, in such manner as may be by law directed. Sec. 30. No appropriation shall be made to any charitable or educational institution not under the ab- solute control of the State, other than normal schools established by law for the professional training of teachers for the public schools of the State, except by vote of two-thirds of all members elected to each House. Sec. 31. No act of the Legislature shall authorize the investment of any trust fund by executors, adminis- trators, guardians and other trustees in the bonds or stock of any private corporation; and any such acts now existing are avoided, saving investments hereto- fore made. Sec. 32. The power to change tlie venue in civil and criminal cases is vested in the courts, to be exercised ia such manner as shall be provided by law. See. 33. When the Legislature shall l)e convened in special session there shall be no legislation upon sub- jects other than those designated in the proclaumtion of the Governor calling such session, except by a vote of two-thirds of each House. Sec. 34. No State office shall be continued or created for the inspection or measuring of any merchandise, manu- facture or commodity, but any county or municipality mav appoint such officers when authorized by law. Sec. 35. No act of the Legislature changing the seat of government of the State shall become a law until the same shall have been submitted to the qualified electors of the State at a general election, and approved by a majority of such electors voting on the same; and such act shall specify the proposed new location. Sec. 30. A member of the Legislature Avho shall so- licit, demand, or receive, or consent to receive, directlv or indirectly, for himself or for another, from Constitutional Convention. lOlT any company, corporation or person, any money, office, appointment, employment, reward, thing of value, or enjoyment, or personal advantage or i^romise thereof, for his vote or official influence or for Avithholding the same, or with an understanding, expressed or implied,, that his vote or his official action shall in an way be in- fluenced thereby; or who shall solicit or demand any such money or other advantage, matter or thing afore- said, for another as the consideration of his vote or influence, or for withholding the same; or shall give or withhold his vote or influence in consideration of the pa3^ment or promise of such money, advantage, matter or thing to another, shall be guilty of bribery within the meaning of this Constitution ; and shall incur the disabilities provided thereby for such offense, and such additional, punishment as is or shall be provided by law. Sec. 37. Any person who shall directly or indirectly offer, give or promise any money, or thing of value, tes- timonial, privilege, or personal advantage, to any exe- cutive or judicial officer or member of the Legislature to influence him in the performance of any of his public or official duties, shall be guilty of bribery and be pun- ished in such manner as shall be provided by law. Sec. 38. The offense of corrupt solicitation of mem- bers of the Legislature or of public officers of this State or of any municipal division thereof, and any occu- pation or practice of solicitation of such members or officers, to influence their official action, shall be defined by law, and shall be punished by fine and imprisonment in the penitentiary ; and the Legislature shall provide for the trial and punishment of the offenses enumerated in the two preceding sections, and shall require the Judges to give the same specially in charge to the Grand Juries in all the counties of this State. Sec. 39. A member of the Legislature who lias a per- sonal or private interest in any measure or bill, pro- posed or pending before the Legislature, shall disclose the fact to the Committee of which he is a member, and shall not vote thereon. 1018 Journal of Alabama Sec. 10. In all elections by the Legislature, the mem- bers shall vote riva voce, and the votes shall be entered on the Journals. Sec. 11. It shall be the duty of the Legislature to pass such laws as may be necessary and proper to decide differences by arbitrators, to be appointed by the par- ties, who may choose that mode of adjustment. Sec. 12. It shall be the duty of the Legislature, at its first session after the ratification of this Constitu- tion, and within every subsequent period of twelve years, to make provision by law for the revision, digest- ing- and promulgation of the public statutes of this State, of a general nature, both civil and criminal. Sec. 43. The Legislature shall pass such penal laws as they may deem expedient, to suppress the evil prac- tice of dueling. Sec. 11. It shall be the duty of the Legislature to regulate by law the cases in which deduction shall be made from the salaries of public officers for neglect of duty in their official capacities, and the amount of such deduction. Sec. 15. It shall be the duty of the Legislature to re- quire the several counties of this State to make ade- quate provision for the maintenance of the poor. Sec. 16. The Legislature shall not have power to authorize any municipal corporations to pass any laws inconsistent with the general laws of this State. Sec. 47. In the event of annexation of any foreign territory to this State, the Legislature shall enact laws extending to the inhabitants of the acquired territory all the rights and privileges which may be required by the terms of the acquisition not inconsistent Avith this Constitution. Should the State purchase such foreign territory the Legislature, with the approval of the Gov- ernor, shall be authorized to expend any money in the Treasury not otherwise appropriated, and if necessary, to provide also for the issuance of State bonds to pay for the purchase of such foreign territory. Sec. 48. The Legislature shall not tax the property real or personal, of the State, counties or other muni- cipal corporations, or cemeteries; nor lots in incorpor- Constitutional Convention. • 1019 ated cities or towns, or within one mile of any cit}^ or town, to the extent of one acre, nor lots one mile or more distant from such cities or towns, to the extent of five acres, with the building.s thereon, when the same are used exclusively for relij^ious worship, for public schools or for purposes pureh^ charitable. Sec. 49. The l^egislature shall, by law, prescribe such rules and regulations as may be necessarj^ to ascertain the value of personal and real property, exempted from sale under legal process by this Constitution; and to secure the same to the claimant tliereof as selected. Sec, 50. The State shall not engage in works of in- ternal improvement, nor lend money or its credit in aid of such ; nor sliall the State be interested in any private or corporate enterprise, or lend money or its credit to any individual, association or corporation. Sec. 51. The Legislature shall have no power to authorize any county, city, town or other subdivision of this State to lend its credit, or to grant public money or thing of value, in aid of, or to any individual, asso- ciation or corporation whatsoever, or to become a stock- holder in any such corporation, association, or company by issuing bonds or otherwise. Sec. 54. There can be no law of this State impairing the obligation of contracts by destroying or impairing the remedy for their enforcement ; and the Legislature shall have no power to revive any right or remedy which may have become barred by lapse of time, or by any statute of this State. Sec. 53. The Legislature shall not enact any law not applicable to all the counties in the State, regulating costs and charges of courts, or fees, commissions or al- lowances of pul)lic officers. Sec. 54. Tlie Legislature shall not authorize payment to any person of the salary of a deceased officer Ix^yond tlie date of his death. Sec. 55. The Legislature shall not retire any officer on pay, or part pay, or make any grant to such retiring officer. Sec. 50. Lands belonging to, or under the control of the State shall never be donated directlv or indirectly 1020 Journal of Alabama to private corporations or individuals, or railroad com- panies; nor shall sncli lands be sold to corporations or associations for a less price than that for which it is^ subject to sale to individuals; provided, that nothing- contained in this section shall prevent the Legislature- from granting a right of way, not exceeding 125 feet in Avidlh, as a mere easement, to railroads or telegraph or telephone lines across State lands, and the Legislature shall never dispose of the land covered by said right of way, except subject to such easement. Sec. 57. No obligation or liabilit}^ of any person, as- sociation or corporation held or owned by this State, or by any county, or other municipality thereof, shall ever be remitted, released, or postponed, or in any way diminished, by the Legislature; nor shall such liability or obligation be extinguished except by payment there- of; nor shall such liability, or obligation be ex- changed or transferred except upon payment of its face value; provided, that this section shall not pre- vent the Legislature from ])roviding, by general law, for the compromise of doubtful claims. Sec. 58. No State or county official shall, at any time during his term of office, accept, either directly or indirectly, any fee, money, office, appointment, employ- ment, reward or thing of value, or of personal advan- tage, or the promise thereof, to lobby for or against any measure pending before the Legislature, or to give or withhold his influence to secure the passage or defeat of any such measure. ^ Sec. 59. The Legislature shall never pass any law to authorize en* legalize any marriage between any white person and a negro or d(\scen(laut of a negro. Sec. (50. The Legislature shall provide by law for the regulation, prohibition or reasonable restraint of com- mon carriers, partnerships, associations, trusts, ju(r- nopolies and combinatious of capital so as to prevent them or either of them from making the articles of ne- cessity, trade or commerce scarce, or from increasing un- reasonably the cost thereof to the consumer, or prevent- ing reasonable competition in any calling, trade or business. Constitutional Convention. 1021 Sec, 61. The Senators and Ivepi-escntativos shall, be- fore entering on their official duties, take the following oath, to-wit: '^I, , do solemnly swear (or affirm, as the case may be), that I will support the Con- stitution of the United States and the 'Constitution of the State of Alabama to the Isest of my a])ility, so help me God." Sec. (52. If at any time it should become impossible or dangerous for the Legislatui-e to meet or remain at the Capitol, or for the Senate to meet or remain in the Senate chamber, or for the Representatives to meet or remain in the hall of the Representatives, the Governor may convene the Legislature or remove it after it has con- vened, to some other place, or may designate some other place for the sitting of the respective houses or either of them, as necessity may require. YEAS. Messrs. President, Altman, Ashcraft, Banks, Barefield, Beavers, Beddow, Bethune, Blackwell, Boone, Browne, Bulger, Burnett, Burns, Carmichael (Colbert), Carmichael ( Coffee ) , Carnathon, Chapman, Cobb, Coleman (Greene), Coleman (Walker), Cornwall, Craig, Cunningham, Davis (Etowah), Dent, deGraff'enried, Duke, Eley, Eyster, Fitts, Fletcher, Gilmore, (if lover, Graham (Montgomery), Graham ( Talladega ) , Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, 1022 Journal of Alabama Hefliii (Randolph), Hendersou, Hodges, Hood, Howell, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Leigh, Lomax, Lowe (Jefferson), Macdonald, Mc:\[illan (Wilcox), Martin, iNIaxwell, Merrill, Miller (Wilcox), Morrisette, Mulkey, ]Mnrphree, NeSniith, Norwood, Gates, O'Neal (Lauderdale) O'Neill (Jefferson), O'Rear, Palmer, Parker (Cnllnian), Parker (Elmore), ]\ressrs. Bartlett,, Brooks, Byars, Pearce, Peltiis, Pi Hans, Pitts. Proctor, K( ese. Reynolds (Henry), f.vobinson, Rogers ( Lowndes ) , Rogers (Sumter), Samford, Sanders, Sanford, S('l!u'iiuej', Sentell, Smith (Mobile), ^'iiLiiii. ]Mac. A., Smith, Morgan M. Sorrell, Sprai^ins, Tayloe, Thompson, Yaiighan, Waddell, AA'alker, AA'eaklcy, White, Whiteside, Williams (Barbour), Williams ( Marengo ) ,. AVilliams (Elmore), Wilson (Clarke), AVilson (Washington), Winn— 1L5. NAYS. Cardon, Gofer, Fosliee, Constitutional Convention. 1023 Moody, Reynolds (Chilton), Phillips, Sollie, Porter, Spears — 12. RECONSIDERATION. Mr. Sauford gave notice that on to-morrow he Avould move to reconsider the vote by which the article of the repoi-t of the Committee on Legislative Department was adopted. STENOGRAPHIC REPORT. Mr. White called the attention of the Convention to Certain errors in the stenographic report of the pro- ceedings of last Friday. The report was ordered corrected. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the nnfinished bnsiness, which was the report of the Committee on Suffrage and Elections. The question was upon the adoption of the first para- graph iif Section 5 of the aiticle of the report of the Comnuttee on Suffrage and Elections. On motion of Mr. Coleman, of (Ireene, the first para- graph was adopted. Mr. Samford offered the following amendment to the first subdivision of Section 5 : Amend first subdivision of Section 5 by inserting after the word "work" in the eighth line of said section, the following: '^\nd who are dependent on their labor for sujiport." Mr. Beddow offered the following substitute for the amendment of Mr. Samford: Amend Section 5 by striking out all the words after the word "language" in the seventh line, to and includ- ing the word "register" in the ninth line. By unanimous consent the word "regularly" in the eighth line of the first subdivision before the word "en- 1024 Journal of Alabama gaged-' and after the word "been" was stricken out. Mr. Coleman, of Greene, moved to table the substitute offered by Mr. Beddow. The motion prevailed, and the substitute of Mr. Bed- dow was laid upon- the table. Mr. Cobb offered the following amendment to Section 5 of subdivision 1, which was adopted by unanimous consent : Amend by inserting after the word ''lawful" in the eighth line of the first subdivision of Section 5, the word "employment." Mr. Pillaus offered the following substitute for the amendment of Mr. Sam ford : Amend the first subdivision of Section 5 by adding after the word "calling" in the ninth line and before the word "for" the following words, "so far as he has been able with diligence to procure the same." Mr. Coleman, of Greene, moved to table the amend- ment offered by Mr. Samford, and the substitute offered by Mr. Pillans for the amendment offered by Mr. Sam- iord. A division of the question was demanded. The question recurred upon the motion to table the substitute for the amendment offered by Mr. Pillans. The motion prevailed and the substitute was laid upon the table. The question recurred upon the motion to table the amendment offered by Mr. Samford. The motion prevailed, and the amendment was laid upon the table. Mr. Beddow offered the following amendment to sub- -division 1, Section 5 of the article on Suffrage and Elections : Amend subdivision first of Section 5 by inserting after the word "register"' in line nine, the words: "Pro- vided this subdivisiou shall not a]>ply to persons tempor- arily unemployed, pending a strike or disagreement with their employers." Mr. Coleman, of Greene, moved to table the amend- ment of Mr. Beddow. Tlie motion to table was lost : Yeas, 66 ; nays, 69. Constitutional Convention. 1025 YEAS. -Messrs. Ashcraft, Kyle, Barefield, Leigh, Bethiine, Lomax, Browne, McMillan (Wilcox), Bulger, Merrill, Burnett, Miller (Wilcox), Carnathon, Morrisette, ■Chapman, NeSmith, Cobb, Norwood, Coleman (Greene), O'Neal (Lauderdale), Coleman (Walker), Opp, Corn well, O'Rear, Craig, I*aluier, Dent, Parker (Cullman), deGraffenried, Pearce, Eley, Pitts, Fletcher, Reynolds (Henry), Glover, Rogers (Lowndes), Gr-iliam ( Talladega) . Rogers (Sumter), 'Grant, Samford, Greer (Calhoun)., Sanders, Handley, Searcy, Harrison, Sentell, Henderson, Smith (Mobile), Hinson, Smith, Morgan M., Hood, Spragins, Howze, Tavloe, Inge, Waddell, Jenkins, A'^'alker, Jones (Hale), Watts, Jones (Wilcox)., Weakley, Kirkland, Williams (Barbour), Xnight, Wiun — 66. 65 1026 Journal of Alabama NAYS. Messrs. President, Altman, Banks, Bartlett, Beavers, Beddow, Blackwell, Boone, Brooks, Biu'us, Byars, Cardon, Carmichael (Colbert), Carmichael (Coffee), Cunningham, Davis, (Etowah), Duke, Fitts, Foshee, Foster, Gilmore, Graham (Montgomery), Grayson, Greer (Perry), Haley, Heflin (Chambers), Heflin (Randolph), Hodges, Howell, Jackson, Jones (Bibb), Kirk, Ledbettr!. Long (Butler), Long (Walker), Lowe (Jefferson), MacdoBald, Martin, Maxwell, Moody, Mulkey, .Murphree, Gates, O'Neill, (Jefferson),. Parker (Elmore), Pettus, Phillips, Pi Hans, Porter, Kcese, Renfro, Reynolds (Chilton),. Robinson, Sanford, Selheimer, Sloan, Smith, ^Lic. A. Sollie, Sorrell, Spears, Thompson, Vaughan, ^A>nt herly, White, Whiteside, Williams (Marengo), Williams (Elmore), Wilson (Clarke), Wilson ( Washington) — 00. ^[v. Graham, of :Monti;()mery, offered the following- amendment to the amendment offei-ed by ^[r. Beddow : Amend amendment by striking out the words "pend- ing a strike or disagreement with their employers." Constitutional Convention. 1027 On motion of ^Ir. Coleman, of Greene, subdivision 1, togetlier with the pending amendments, were recommit- ted to the Committee on Suffrage and Elections, Subdivision 2 of Section 5 was thereupon taken up. Mr. Samford offered the following amenduK^nt to sub- division 2 of Section 5 : Amend the report of the Committee on Suffrage and Elections bv striking out the second subdivision of Sec- tion 5 of said report. The amendment of Mr. Samford was lost. Subdivision 2 was thereupon adopted. ^Ir. Sollie offered the following, to constitute a new subdivision to Section 5 : Amend Section 5 by adding at end following subdivi- sion : Thii'd — Those wlio reach the age of 21 years after January 1; 1903, and before the first day of January, 1905, and who are persons of good character and who understand the duties and obligations of citizenship under a republican form of government. "Rut no one shall register under this subdivision after January 1, 1905." Mr. Sollie offered the following substitute for the amendment offered by himself: Amend Section 5 by adding at the end the following subdivision : Third- — Those who reach the age of 21 years after January 1, 1903, and before the first day of January, 1905, and who are lawful descendants of persons who honorably served in the land or naval forces of the United States in the war of the American devolution, or in the war of 1812, or in the war with Mexico, or in any war with the Indians, or in the war between the States, or in the land or naval forces of the Confederate State, or of the State of Alabama, in the war between the States, or who are persons of good character and who understand the duties and obligations of citizenship under a republicau form of government. But no one shall register under this subdivision after January 1, 1905. 1028 Journal of Alabama RECESS. The bom- of 1 o'clock p. m. arrived, and under the rules the Convention recessed until 3 :30 this afternoon. AFTERNOON SESSION. The Convention met pursuant to adjournment. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : Messrs. President, Coleman (Walker), Altman, Cornwell, Ashcraft, Craig, Banks, Cunningham, Barefield, Davis (Etowah), Bartlett, Dent, Beavers, deGraffenried, Beddow. Duke, Bethune, Eley, Blaekwell, Eyster, Boone, Espy, Brooks, Ferguson, Browne, Fitts, Bulger, Fletcher, Burnett, Foshee, Burns, Foster, Byars, Freeman, Carmichael ( Colbert) , Gilmore, Oarmichael (Coffee), Glover. Carnathon, Graham (Montgomery), Chapman, Graham ( Talladega ) , Cobb, Grant, Cofer, Grayson, Coleman (Greene), Greer (Calhoun), Constitutional Convention. 1029 Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Heflin ( Randolph ), Henderson, Hinson, Hodges, Hood, Howell, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Ledbetter, Leigh, Lomax, Long (Butler), Long (Walker), Lowe (Jefferson), Lowe (Lawrence), Macdonald, MeMillan (Wilcox), Martin, Maxwell, Merrill, Miller (Wilcox), Moody, Morrisette, Mulkey, Murphree, NeSmith, Norman, Norwood, Gates, G'Neal (Lauderdale), G'Neill (JefPerson), Gpp, G'Rear, Palmer, Parker (Cullman),. Parker (Elmore), Pearce, Pettus, PhillipSy Pi Hans,, Pitts, Porter, Proctor, Reese, Renfroe, Reynolds (Chilton), Reynolds (Henry), Robinson, Rogers (Lowndes), Rogers (Sumter), Sam ford, Sanders, Sauford, Searcy, Selheimer, Sentell, Sloan, Smith (Mobile), Smith, Mac. A. Smith, Morgan M., Sollie,. 1030 Journal of Alabama Sorrell, Weatherly, Spears, White, Spragins, Whiteside, Tayloe, WiJliams (Barbour), Thompson, Williams (Marengo), Vaughan, Williams (Elmore), Waddell, Wilson (Clarke), Walker, Wilson (Washington), Watts, Winn— 144. Weakley, UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was the report of the Committee on Suffrage and Elections. The question was upon the adoption of the substitute offered l)v Mr. Sollie for the amendment offered bv him- self. The substitute offered by ]Mr. Sollie was lost. The question then recurred upon the adoption of the amendment offered by Mr. Sollie. The amendment offered by Mr. Sollie was lost. Section 5, as amended, was thereupon adopted, with the exception of subdivision 1, which was recommitted to the Committee on Suffrage and Elections. SECTION SIX. Was read at length as follows : Sec. 0.^ — The following pei'vSons shall be disqualified both f]'om registering and from voting, namely : All idiots and insane persons; those who sliall, by reason of conviction of crime, be disqualified from vot- ing at the time of the ratification of this Constitution; and those who shall be convicted of treason, murder, arson, embezzlement, malfeasance in office, larceny, re- ceiving stolen proiierty, obtaining property or money under false pretenses, perjury, subornation of perjury, robbery, assault with intent to rob, burglary, forgery, Constitutional Convention. 1031 bribery, assault and battery on the wife, bigamy, living in adultery, sodomy, incest, rape, miscegenation, crime against nature, or any crime punishable by imprison- ment in the penitentiary, or of any infamous crime or -crime involving moral turpitude; also, any person who shall be convicted as a vagrant or tramp, or of selling or offei'ing to sell his vote or the vote of another, or buy- ing or offering to buy the vote of another in any election by the people or in any primary election or to procure the nomination or election of any person to any office, ■or of suborning any witness or registrar to secure the registration of any person as an elector. ]Mr. I'orter ottered the folloAving amendment to Sec- lion 6: Amendment to Section G, on page 8, on Suft'rage, by Mr. Porter: Amend Section 6 at the end of the fifteenth line by adding : "Or any elector who registers for another, or who registers more than once; and any registrar who -enters the name of any elector on the list of registered voters without such elector makes application in per- son and under oath, on a fonu provided for that pur- pose; or who knowingly registers any person more than once; or who knowingly enters a name upon the regis- tration list as a registered voter when no one of that name applied to register. On motion of Mr. Coleman, of Greene, the amend- ment of Mr. Porter was laid upon the table. Mr. Sanford offered the following amendment to Sec- tion 6 : Amend Section 6 by inserting in the thirteenth line, «,fter the words "primary election," the words "or in any nominating convention or mass meeting" ; anrl also by adding at the end of the fifteenth line, "or to pre- vent the registration of any person as an elector." The amendment offered by Mr. Sanford was lost. Mr. Proctor offered the following amendment to Sec- tion 6 : Amend Section 6 by inserting in line twelve, after the word "another," the words "or making or offering to make a false return." 1032 Journal of Alabama Mr. Eeese moved to table the amendment offered hy Mr. Proctor. The motion to table was lost. The question recurred upon the adoption of the amend- ment offered by Mr. Proctor. The amendment offered by Mr. Proctor was adopted. Section 6, as amended, was adopted, RECONSIDERATION.. Mr. O'Neal, of Lauderdale, gave notice that on to- morrow he would uiftve to reconsider the vote by whicli Section 6 was adopted. RECONSIDERATION.. The Convention proceeded to the consideration of the motion to reconsider the vote hj which Sections 1 and 2 were adopted ; said motions of reconsideration having been heretofore postponed until disposition of Sectioni 6. The question recurred upon the motion to reconsider- the vote by which Section 1 was adtqited. Mr. Cunningham moved to lay the motion to recon- sider upon the table. The motion was lost : Yeas, 53 ; nays, 69. YEAS. Messrs. Beddow, Eley, Bethune, Fitts, Blackwell, Foshee, Brooks, Foster, Browne, Gilmore, Burnett, Graham (Montgomery),. Carmichael (Colbert), Haley, Carmichael (Coffee), Heflin (Chambers), Cobb, Hinson, Cunningham, Hodges, Davis (Etowah), Jenkins, Duke, Jones (Bibb),. Constitutional Convention. 103a- Kirk, Rogers (Lowndes), Leigh, Searcy, Lomax, Sellieimer, Long (Walker), Smith, Mae. A., Macdonald, Smith, Morgan M., Martin, Sorrell, Merrill, Spragins, Murphree, Thompson, Parker (Cullman), Vaughan, Parker (Elmore), Weatherly, Pettus, White, Pillans, Whiteside, Porter, Wilson (Clarke), Proctor, Wilson (Washington lievnolds (Henry), nays. Messrs. President, Grayson, Altman, Greer (Calhoun), Ashcraft, Greer (Perry), Banks, Handley, Barefield, Heflin (Randolph), Bartlett, Henderson, Boone, Flood, Bulger, Howell, Burns, Howze, Byars, Inge, Cardon, Jackson, Carnathon, •Tones (Wilcox), Chapman, Knight, Coleman (Greene), Kyle, Coleman (Walker), Ledbetter, Cornwell, Lowe (Jefferson), Craig, Lowe (Lawrence), Dent, McMillan (Wilcox)^ deGraffenried, Maxwell, Fletcher, ^n-ller (Wilcox), Glover, Moody, Graham (Talladega), Morrisette, Grant, Gates, -53. 1034 Journal of Alabama O'Neal (Lauderdale), O'Rear, Palmer, Pearce, Phillips, Pitts, K'Cese, Eenfro, Robinson, Samford, Sanders, Sant'ord, Sloan, Smith (Mobile), Spears, Tayloe, Waddell, Walker, Watts, Weakley, Williams (Barbour), Williams (Elmore), AAlnn— 69. The question recurred upon the motion to reconsider Section 1. The section was reconsidered. Mr. Coleman, of Greene, moved that the vote by which the amendments to Section 1 were adopted be recon- sidered. The motion to reconsider was lost : Yeas, 56 ; nays, 63. YEAS. Messrs. President, Altman, Banks, Barefield, Byars, Cardon, Carnathon, Coleman (Greene). Coleman (Walker), Cornwell, Dent, deGraffenried, Fletcher, Glover, Graham (Talladega), Grant, Grayson, Greer (Calhoun), "itts, Foshee, Foster, Graliam ( Montgomery ),, naley, Heflin (Chambers), Heflin (Randolph), Hodges, Jackson, Jenkins, Jones (Bibb)., Kirk, Kirkland, Leigh, fjoniax. Sloan, Smith (Mobile), Spears, Tayloe, Waddell, Walker, Williams (Barbour), Williams (Elmore), Winn— ."iO. JSIAYS. Long (Walker), Lowe (Jefferson), -Macdouaid, Martin, Maxwell, Merrill, Murphree, Parker (Cullman), Parker (Elmore), Pettus, Phillips, Pillans, L'orter, Reynolds (Henry), Sanders, Searcy, Selheimer, Smith, Mac. A. Smith, Morgan M., Sorrell, Spragins, Thompson, Vaughan, W^atts, Weakley, Weatherly, White, ^AHiiteside, Williams (Marengo), Wilson (Clarke), Wilson ( Washington ) —63. 1036 Journal of Alabama pairs announced. The following pairs were anuoimced : Messrs. Booue and Proctor; Craig and Freeman. Messrs. Boone and Craig would vote are; and Messrs. Pr'octor and Freeman would vote nay. The (iiiestion recurred upon the adoption of Section 1. Section 1, as amended, was again adopted. RI<:CONSIDERATION. Mr, O'Neal, of Lauderdale, moved to reconsider the vote b}' which Section 1 was adopted, which uu)tion goes over until to-morrow. Mr. Cunningham raised the point of order that the motion of Mr. O'Xeal, of Lauderdale, was out of order. ■ The point of order was sustained. Thereupon Mr. O'Neal, of Lauderdale, appealed from the decision of the Chair. The Chair was unanimously sustained. SECTION SEVEN. Was read at length as follows, and adopted : Sec. 7. — No person shall be qualified to A^ote or parti- cipate in any primary election, party convention, mass meeting, or other method of party action of an}- politi- cal party or faction, who shall not possess the qualifica- tions prescribed in this article for an elector, or who shall be disqualified under the provisions of this article from voting. SECTION EIGHT. Was read at length as follows, and a(lo]>ted : Sec. 8. — No person, not registered and (qualified as an elector under the provisions of this article shall vote at any State, county or munici])al election, general, lo- cal or special, held subsequent to the general election in 1902; but the provisions of this article shall not ap- plv to anv election hehl prior to the general election in 1902. •Constitutional Convention. 1037 section nine. AYas read at length as follows : Sec. 9. — Any elector whose right to vote shall be .challenged for any legal cause before an election officer shall be rc(iiured to swear or affirm tliat the matter of the challenge is untrue before his vote shall be received, and any one who wilfully swears or affirms falsely there- to shall be guilt}' of perjury. Mr. Sanford offered the following amendment to Sec- tion 9 : Amend Section 9 by adding at the end of said Sec- tion the following, viz. : The name of each elector whose ballot has been re- ceived, must immediatelj'^ be taken down by the clerks of election on separate lists, which shall be headed "Names of Voters" and called poll lists; and the num- ber of the order in whieli each elector votes must be at the same time entered by the clerks against his name. On motion of Mr. deGratteiiried the amendment of- fered by Mr. Sauford was laid upon the table. Mr. Sanford offered the following amendment to Sec- tion 9 : Amend Section 9 by adding at the end of said section the following, viz. : The name of each elector whose ballot has been re- ceived must immediately be taken down by the clerks of election on separate lists, which shall be headed "Names of Voters," and called poll lists ; and the number of the order in which each elector votes must at the same time be entered b}^ the clerks against his name; and the vote shall be numbered as the name of the voter is numbered. Mr. O'Neal, of Lauderdale, moved to refer the amend- ment of Mr. Sanford to the Committee on Suffrage and Elections. Mr. deOraft'enried moved to table the motion of Mr. O'Neal, of Lauderdale. The motiou prevailed. Mr. deOi'affonried moved to table the amendment of- fei'ed bv Mv. Sanford. 1038 Journal of Alabama The motion prevailed, and the amendment was laid" upon the table. jMr, Robinson moved to strike out Section 9. On motion of Mr. Kirkland, the motion of ^h\ Robin- son was laid npon the table. On motion of ^fr. Coleman, of Greene, Section 9 was adopted. SECTION TEN, Was taken np, and on motion of Mr. Fitts was ordered, considered by subdivisions. ADJOURNMENT. On motion of Mr. Coleman, of Greene, the Convention' adjourned until 9 o'clock to-morrow mornins:. SIXTIETH DAY. Convention Hall. Montgomery, Ala., Thursday, August 1, 1901. The Convention met pursuant to adjournment. Prayer was ottered by Rev. ^Ir. Lamar of the city. ROLL CALL. On a call of the roll of the Convention, the following: delegates answered to their names, which constituted a quorum : Messrs. President, I>cddow. Almon, Betlume, Altinan, Rlackwell, Ashcraft, Boone, Barefielci, Hi'ooks, Bartlett, Browne, Beavers, . Bulger, Constitutional Convention. lOSO* Burnett, Burns, Byars, Cardon, Carmichael (Colbert), Carmicliael (Coffee), Carnathon, Chapman, Cobb, Cofer, Coleman (Greene), Coleman (Walker),. Cornwell, Craig, Cnnningham, Davis (Etowah), Dent, deGraffenried,. Duke, Elej, Eyster, Ferguson, Fitts, I'letcher, Foshec, Foster, Glover, Graham ( Montgomery ) , Graham (Talladega), Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Haudley, Harrison, Heflin (Chambers), Hefilin (Randolph),. Heuderson, Hinson, Hodges, Hood, Howell, Llowze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Ledbetter, Leigh, Lomax, Long ( Butler )y Long (Walker), Lowe (Jefferson), Lowe (Lawrence), IMaedonald, McMillan (Baldwin),, McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Morri.iette, Murphree, NeSmith, Norman, Gates, Palmer, Parker (Cullman), Parker (Elmore), Penrce, Pettus, 1040 Journal of Alabama Phillips, Pillans, Pitts, Porter, Proctor, Reese, Renfro, ^Reynolds (Chilton), Reynolds (Henry), Robinson, Rogers (Lowndes), Rogers (Sumter), Samford, Sanford, Searcy, Selheimer, Sloan, Smith (Mobile), Smith, Mac. A., Smith, Morgan M., Sollie, Sorrell, Spears, Tayloe, Thompson, Vaiighan, Waddell, Walker, Watts, Weakley, White, Whiteside, Willett, Williams (Barbour), Williams (Marengo), AVi Ilia ins (Elmore), Wilson (Clarke). Winn— 134. LEAVE OF ABSENCE Was granted to Messrs. Proctor indefinitely, and to Mr. Hassan, door keeper, for to-morrow and Saturday; deOraffenried for to-morrow, Saturday and Monday; Norwood to-day; Gilmore for to-day, Friday and Satur- day; Ferguson for to-day and to-morrow; Judge Cole- man for to-day and until Tuesday; Grayson for to-mor- row and Saturdav. REPORT OF COMMITTEE OX THE JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in : The Committee on the Journal beg leave to report that they have examined the Journal for the fifty-ninth day of the Convention and that the same is correct. Res]>ectfully submitted, John F. Proctor, Chairman. Constitutional Convention. 1041 resolutions ox first reading. The followiug resolutions were introduced, severally read one time at length, and referred to ax^propriate com- mittees, as follo^^'s : Kesolution 281, b}' Mr. Chapman : AMiereas, the woric of this Convention has progressed to such an extent that the earh' completion of its labor may be confidently looked forward t(j ; Therefore, be it resolved. That the Committee on Rules be directed to ascertain and report to the Convention as €arly a date as practicable when a day may be fixed for the final adjournment of this Convention. The resolution was referred to the Committee on Rules. Resolution 282, l)y Mr. ^A'illiams, of Elmore : In order that the full and complete text, report and proceedings of this Convention nmy be had by each and every member of this ("onvention, and l)y the State authorities, as hereto provided; Be it resolved by this Convention that the !S(H-retary hereof be required to furnish to the printers of the ^'Official Reports of the Proceedings of the (Constitution- al Convention of Alabama" the proceedings of tlie first, second and third days of this Convention, and order 1,000 copies theveof to be printed in like form and- size as the stenographic reports, and to be likewise dis- tributed. The resolution was referred to the Committee on Ixules. By unanimous consent ^Ir. Heflin, of Randolph, chair- man, submitted the following report from the Committee on Schedule Printing and Incidental Expenses, which v-Ts read one time, laid on the tahle and 300 copies of the same ordered printed. REPORT OF THE COMMITTEE ON SCHEDULE PRINTING AND INCIDENTAL EXPENSES. The Committee on Schedule, Printing and Incidental Expenses instructs me to report resolution No. 188, 66 1042 Journal of Alabama with a substitute, which substitute the committee recom- mends be adopted. John T. Heflix^ Chulnnan.. Resolution 188, by Mr. Carmichael, of Cottee: Be it resolved. That the Secretary of State is here- by authorized and instructed to contract for the print- ing and binding of 1,000 copies of the Journal of this^ Convention. Be it further resolved. That the printing and binding shall be done in the same manner and under the same law as that of the House and Senate Journals, and that the printing and binding shall he paid for out of the State appropriation for printing and binding. The resolution was referred U) the Committee on Schedule, Printing and Incidental Expenses. Eesolution . . , by Mr. Carmichael, of Coffee : Substitute for resolution 188 : A resolution to provide for the printing, binding and distribution of the Journal of this Convention. Be it resolved by the people of Alabama in Conven- tion assembled, That the Committee on Printing. Sched- ule and Incidental Exp(mses be authorized to contract for the printing, binding and distribution of 1,000 copies of the Journal of this Convention. Be it further resolved, That upon the delivery of 1,000 copies of the Journal, printed and bound in accordance with the contract heretofore mentioned, to the Secretary of State, he shall certify to the Auditor the amount due to the publisher for the work, and the Auditor shall is- sue his warrant on the Treasurer in favor of tlie pub- lisher for the said amount due. Be it further resolved. That one copy of the Journal of this Convention be delivered to each delegate and officer of tlie Convention, and to the ])ersous to wliom, under the existing law, tlie Journals of the House and Senate are delivered. Be it further resolved. That the sum of .f2,000, or so much thereof as may be necessary, be api)r<)i)riated out of the moneys of the State otherwise uiia]>propriated to pay for the ])rinting, binding and distribution of the Journal of this Convention. Constitutional Convention. lOlS* STENOGRAPHIC RErORT. Messrs. Sanford, Sollie, Leigh, AVliite, Dent aud Bed- dow called the atteirtiou of the Oouventiou to certain errors in the stenographic report of the proceedings of yesterday. Mr. deGraft'enried also called the atten- tion of the Convention to certain errors in the report of last Monda}'. The rejDorts were ordered corrected. QUESTION OF PERSONAL PRIVILEGE. Mr, BeddoAV arose to a question of personal privilege, and proceeded to state his question of personal privi- lege. PRIVILEGES OP THE FLOOR. Were extended to Hous. John B. Wood, W. J. Hill- iard, Van Hnally, H. Bnners, J. R. Wood. RECONSIDERATION. Mr. White moved to reconsider the vote by which Sec- tion 8 was adopted. The motion prevailed, and Section 8 was recon- sidered. Mr. White offered the following substitute for Sec- tion 8: Sec. 8. No person, not registered and qualified as an elector under the provisions of this article, shall vote at the general election in 1902, or at any subsequent State, county or municipal election, general, local or special; but the provisions of this article shall not ap- plv to any election held prior to the general election in 1902. The substitute offered by Mr. White was adopted. Section 8, as amended, was thereupon adopted. REPORT OF THE COMMITTEE ON SUFFRAGE AND ELECTIONS. Mr. White, acting chairman of the Committee on Suf- frage and Elections, submitted the following substitute 1044 Journal of Alabama to Section 5, subdivision 1, said subdivision having been heretofore recommitted to the committee : First — Those who, unless prevented by physical dis- ability, can read and Avrite anj^ article of the Constitu- tion of the United States in the English language, and who, being ph^'sically able to work, have worked or been regularly engaged in some lawful employment, business or occupation, trade or calling, for the greater part of the twelve months next preceding the time they offer to register. Mr. Eobinson offered the following amendment to the substitute : ''Provided, that persons who can neither read nor write on account of physical disability shall be allowed to register and vote if otherwise ({ualified as provided in this subdivision or." The amendment to the substitute offered by Mr. Eob- inson was adopted. Mr. Long of Walker oft'ered the following substitute for Section 5 : Sec. 5. The General Assembly shall provide by law for the registration of all male persons becoming of age, and all male persons who beconu^ citizens of Alabama on and after the first of January, 1903 ; provided, any law for registration made by the General Assembly shall require all applicants for registration after Janu- ary 1st, 1903, to be eligible to register under all the re- quirements made by Section 2 of this article; prcnMded, the General Assembly may make, by law, to become operative after January 1st, 1903, such other provis- ions for registering and voting not in conflict with thi.5 Constitution. On motion of ]Mr. Vaughan the substitute was laid upon the table. Yeas, 94; nays, 35. YEAS. Messrs. President, Banks, Altman, Barefield, Ashcraft, Bethune, Constitutional Convention. 1045 Blackwell, Booue, Brooks, Burnett, Carmichael (Colbert), Carnathon, Chapman, Cobb, Coleman (Greene), Coleman (Walker), Cornwell, Cunningham, Dent, deGraffenried, Duke, Eley, Eyster, Fletcher, Foster, Glover, Graham (Montgomery), Graham (Talladega), Grant, Grayson, Greer (Perry), Handley, Heflin (Chambers), Heflin (Randolph), Henderson, Hinson, Hood, Howze, Inge, Jackson, Jenkins, Jones (Hale), Jones (Montgomery), Jones (Wilcox), Knight, Kyle, Ledbetter, Lomax, Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Morrisette, NeSmith, Norwood, Gates, O'Neal ( Lauderdjale )), O'Rear, Palmer, Parker ( Cullman) ,. Pearce^ Pettus, Pillans, Pitts, lieese, Renfro, Rogers (Lowndes),. Rogers (Sumter), Sam ford, Sanders, Searcy, Selheimer, Smith (Mobile), Smith. Morgan M., Spragins, Tayloe, Vaughan, Waddell, Walker, Watts, Weakley, Weatherlv. Willett, Willett, 1046 Jour>;al of Alabama Williams (Barbour), Williams (Marengo), Wilson (Clarke), Wilson (Washington), Winn— 94. NAYS. INIessrs. Beavers, Beddow, Bulger, Byars, Cardon, Davis (Etowah), Foshee, Haley, Hodges, Howell, Jones (Bibb), Kirk, TCirkland, Leigh, Long (Butler), Long (Walker), Lowe (Jefferson), Lowe (Lawrence), Martin, Moody, .Murphree, O'Neill (Jefferson), Parker (Elmore), Phillips, Porter, Reynolds (Chilton), liObinson, Ban ford, Smith, Mac. A , Sollie, Sorrell, Spears, Thompson, Whiteside, Williams ( Elmore) - -35. . PAIRS ANNOUNCED. The followino" pairs were announced : Messrs. Burns, Bartlett, Stewart and Oofer, Craig, Freeman, Greer of Calhoun, and Sloan. Messrs. Burns, "Stewart, Craig and Greer of Calhoun, would vote aye; and Messrs. Bartlett, Cofer, Freeman and Sloan would vote nay. On motion of ]Mr. White Section 5, as amended, was adopted, SECTION TEN. Was taken up and ordered considered by subdivi- sions. The first paragraph of Section 10 was read at length as follows : Constitutional Convention. 1047 Sec. 10. — The General Assembly shall provide by law for the regif^tration, after the first day of January, 1903, of all qualified electors. Until the first day of Janu- ary, 1903, all electors shall be registered under and in accordance with the requirements of this Section as follows : ^Iv. Rees(^ ottered the following amendment to the first paragraph of Section 10: By adding after the word "electors" in second line, the words: "Except bastards, who shall not be regis- tered, unless their disability of illegitimacy shall have first been removed by the Legislature.'' On motion of Mr. Coleman, of Greene, the amend- ment was laid upon the table. On motion of Mr. Coleman, of Greene, the first para- graph of Section 10 was adopted. reconsideration. Mr. Burns gave notice that on to-morrow he would move to reconsider the vote by which the first para- graph of Section 10 was adopted. first subdivision. Was read at leugth as follows : First — Registration shall be conducted in each county by a board of tlireo reputable and suitable persons resi- dent in the count}^, who shall not hold any elective of- fice during their term, to be appointed within sixty days after the ratification of this Constitution by the Governor, Auditor and Commissioner of Agriculture and Industries, or a majority of them, acting as a Board of Appointment. If one or more of the persons ap- pointed on such Board of Registration shall refuse, neg- lect or l)e unable to qualifv or serve, or a vacancy or A^acancies occur in the membership of the Board of Reg- istrars from any cause, the Governor, Auditor and Com- missioner of Agriculture and Industries or a majority of them acting as a Board of Appointment, shall make other appointments to fill such Board. Each registrar 1048 Journal of Alabama shall receive |2 per day, to be paid by tlie State, and disbursed by the several Probate Judges, for each en- tire day's attendance upon the sessions of the Board. Before entering upon the performance of the duties of his office, each registrar shall take the same oath re- quired of the judicial oflflcers of the State, which oath may be administered by an^^ person authorized by law to administer oaths. Tl>e oath shall be in writing and subscribed by the registrar and filed in the office of the Probate Judge of the county. 'Sir. Gates offered the following amendment to sub- division 1 of Section 10 : Amend Section 10, first subdivision, in line two, in- sert between the words "persons" and "resident" the following : "Not more than two of whom shall be of the same political party." Mr. O'Neal, of Lauderdale, moved to table the amend- ment offered by Mr. Gates. The motion prevailed, and the amendment was laid upon the table: Yeas, 73; nays, 50. YEAS. Messrs. President. Almon, Altman, Ashcraft, Barefield, Bethune, Boone, Bro()ks, Bulger, Burns, Carmichael (Coffee), Taruathon, Cobb, Coleman f Greene"). Coleman (Walker), Cunningham, T>uke. Eley, Evster, Fletcher, Foster, Glover. Graham (Talladega), Grant, ♦"Treer (Perry), Rnley, Heflin (Chambers), Hedges, Hood, Howze, Tnge. Jones rBibb), Jones (Wilcox), Knfoht. T.edbetter, Lowe ( Lawrence) » Constitutional Convention. 1049- McMillan (Wilcox), jNIalone, Maxwell, Merrill, Miller (Wilcox), Moody, Morrisette, NeSmitli, O'Neal (Lauderdale), O'Neill (Jefferson), O'Rear, Parker (Cullman), Pettus, Pillans, Pitts. Keese, Renfro, Reynolds (Henry), Robinson, Rogers (Lowndes), Sanders, Searcy, Smith (Mobile), Sorrell, Spragins, Tayloe, V'aughan, Wad^dell, Walker, Watts, Weatherly, Wbiteside, AVilliams (Barbour), Williams (Marengo), Wilson (Clarke), Wilson ( Washington ) ,. AVinn— 73. nays. ^lessrs. Banks, Beavers, Beddow, Blackwell, Burnett, Byars, Cardon, Carmichael (Colbert), Davis (Etowah), Dent, fleCrraffenried, Fitts, Graham ( Montgomery) , Grayson, Handley, Harrison, Hpflin (Randolph), Henderson, Howell, Jackson, Jenkins, Jones ( Montgoinerv), Kirk, Kirkland, Kyle, Leigh, Lorn ax. Long ( Butler), Long (Walker), McMillan (Baldwin),. Martin, Miller ( Mareng(» ), Murphree, Norwood, Gates, Palmer, Parker (Elmore),. Pearce. 1050 JouEXAL OF Alabama Phillips, • Siii.tl). Mac. A., Reynolds (Chilton), iSmith, Morgan M., Rogers (Sumter), Spears, Samford, Thompson, Sanford, \Vhite_, Selheimer, AVilliaius (Elmore) — 5(). PAIRS ANNOUNCED. The following pairs were announced: Messrs. Craig, Freeman, Macdonald, Foshee, Browne, Porter, Greer of Calhoun, Sloan, Cornwall, Weakley, Stewart and Cofer. Messrs. Craig, Macdonakl, Browne, Greer of Calhoun, Cornwall and Stewart would vote aye; and Messrs. Freeman, Foshee, Porter, Sloan, Weakley, Gofer would vote nay. Subdivision 1 was, on motion of Mr. White, adopted. SUBDIVISION TWO. Was read at length as foUo-^-s : Second — Prior to the first day of August, 1902, the Board of Registrars in each county shall visit each pre- cinct at least once and oftener if necessary to make a complete registration of all persons entitled to register, and remain there at least one day from 8 o'clock in the morning until sunset. They shall give at least twenty days' notice of the time when, and the place in the pre- cinct where they will attend to register applicants for registration, by bills posted at five or more public places in each election precinct, and by advertisement in a newspaper, if thei'e be one published in the county, once a week for three successive weeks. Upon failure to give such notice, or to attend any appointment made by them in any precinct, they shall, after like notice, fill new appointments therein; but the time consumed hy the board in completing such registration shall not exceed sixty working days in any county, except that in counties in which there is any city of 8,000 inhabitants tDr over, the board may remain in session, in addition to the session hereinabove prescribed, for not more than COXSTITUTIOXAL COXVEXTION. 1051 three siicecs.sive weeks in each ol' said cities; and there- after the board may sit from time to time in each of .siicli cities not more than one week in eacli month, and except tliat in the county of Jefferson tlie board may liokl additional sessions, of not excediug five conseeu- tive days duration for each session, in any town or city of 1,001) or more, and less than 8,000 inhabitants. No person shall be registered excei)t at the county site, or in the precinct at which he resides. The registrars shall issue to each person registered a certilicate of registra- tion. Mr. Poster offered the following amendment, which was unanimously accepted: Amend subdivision -2 of Section 10 by adding after the word '^county" in line twenty-sixth, the following: "Except that in counties of more than 1,000 square miles in area such boards may consume 75 working ■days In completing the registration in such counties, and.'' Mv. Fitts offered the following amendment to sub- division 2 of Section 5: Amenhau, li0!j;ers (Sumter), W'addeJl, Samford, A\'alker, Sanders, \\'atts, Sanford, AVeakley, Searcy, W'eatherJy, Selbeimer, White, Sentell, \\'hiteside, Sloan, W'illett, Smith (Mobile), \>'iliiaiiis (Uarbour), Smith, Mac. A., Williams (Marengo), Smith, Morgan M., >\'illiams (Elmore), Sollie, Wilson (Clarke), Sorrell, AVilson (Washington). Sucars. \\'inn — 143. Spragins, UNFINISHED BUSINESS. The Convention proceeded to the consideration of the nnfinislied business, which was the ri^port of the* Couimittee on Suffrage and Elections. SUIiDIVlSIOX THREE. '\\'as read at length as follows: Third — The Board of Registrars shall register no per- son between the first day of August, 1902, and the Fri- day next preceding the day of election in November, 1*M!2. On r^riday and Saturday next preceding the day of election in November. 1902, they shall sit in the court liouse of each county during such days, and shall regis- ter all a])])li<'ants having tlie qualifications prescribed by Sections 2 and 4 of this article, and not discpialified under Sec. G, who shall have reached the age of twenty- one years after the first day of Auuust, 1902, or who shall Drove to the reasonable satisfaction of the board that, l)y reason of pliysical disability or unavoidable absence froui the county, they had not opportunity to register prior to the first day of August, 1902; and shall on such days register no other persons. When there nvo COXSTITUTIOXAL CONVENTION. 1055 two or more court houses in one county, the registrars may sit during such two days at either of such court houses they may select, but shall give ten days' notice by bills posted at each of the other court houses, desig- nating the court house at which they will so sit. By unanimous consent the words ''and four" were inserted after the word sections. On motion of Mr. White subdivision 3 was adopted. SUBDIVISION FOUR. Was read at length as follows: Fourth — The Board of Registrars shall hold sessions at the court house of their respective Counties during the entire third week in November, 1902, and for six working days next prior to the twentieth day of Decem- ber, 1902, during which sessions they shall register all persons applying who iwssess the qualifications pre- scribed in Sections 2 and 4, and who shall not be dis- qualified under Section 6 of this article. In counties where there are two or more court houses, the Board of Registrars may elect at which court house they will hold such session. The Board of Registrars shall give notice of the time and place of such sessions by posting notices at each court house in their respective counties, and at each voting place and at three other public places in the county, and by publication once a week for two consecutive weeks in a newspaper, if one be pub- lished in the county; such notices to be published and such publications to be commenced as early as practi- cable in the first week in November, 1902; provided, that a failure on the part of the registrars to conform to the provisions of this section as to notices to be given shall not invalidate any registration made by them. ^Iv. Sorrell offered the following amendment to sub- division 4 : Amend Section 10, paragraph 4 in lines 53 and 54 by striking out after the words "registrars may elect at which court house they will hold such session," and by adding the words "shall divide the time equally between each court house." 1056 Journal of Alabama On motion of Mr. White tlie amendiiient oiTered by Mr. Sorrell was laid upon the table. Mr. Howze offered the following amendment to sub- division 4 : Amend b^' striking (jut the words "may elect at whicli court house they will hold such sessions" in the 53 line, and insert the words "shall divide the time equalh' be- tween them." • The amendment was adopted. iSubdivision 4 Avas, on motion of Mr. AYhite, as amended, adopted. SUBDIVISION FIVE. Was read at hrngth as follows,, and adopted : Fifth — The Board of Registrars shall have power to examine, under oath or affirmation, all applicants for registration, and to take testimony touching the quali- fications of sucli applicants; each member of such board is authorized to administer the oath to be taken by the applicants and witnesses, which shall be in the follow- ing form, and subscribed by the person making it, and preserved by the board, namely : "I solemnly swear (or aflfirm) that in the matter of the application of for registration as an elector, I will speak the truth, the whole truth, and nothing but the truth, so help me God." Any person, who, upon such examination, makes any wilfully false statement in reference to any material matter touching the qualification of any applicant for registration shall be guilty of perjury. SUBDIVISION SIX. Was read at length as follows : Sixth — The action of the majority of the Board of Registrars shall be the action of the board. Any per- son denied registration shall have the right to appeal, within thirty days after such denial, by filing a pet/tion in the Circuit Court or court of like jurisdiction held for the county in which he seeks to vote, to have his Co^^STITUTlONAL Convention. 1067 qualifications as an elector determined. Upon filing the petition the clerk of the court shall give notice there- of to any Solicitor authorized to represent the State in said county, whose dut}^ it shall be to appear and defend against the petition on behalf of the State. Upon such trial, the court shall charge the jury only as to what constituted the qualifications that entitled the ap- plicant to become an elector at the time he applied for registration, and the jury shall determine the weight and elfect of the evidence and return a verdict From the judgment rendered an appeal will lie to the Supreme Court in favor of the petitioner, to be taken within thirty days. Final judgment in favor of the petitioner shall entitle him to registration as of the date of his ap- I>licatiou to the registrars. Mr. White offered the following amendment to sub- division 6, which was adopted : Amend subdivision G, Section 10, by inserting after the word "appeal" in 74th line, the following: "With- out giving security for cost." Mr. Gates offered the following amendment to sub- division 6 : Amend subdivision 6 of Section 10, in line 80, by striking out the word, "only." On motion of Mr. Smith, of Mobile, the amendment offered by Mr. Gates was laid upon the table. Subdivision G was, on motion of Mr. White, as amended, adopted. SUBDIVISION SEVEN. Was read at length as follows : Seventh — The Secretary of State shall, at the expense of the State, have prepared and furnished to the regis- trars and Probate Judges in the several counties, a suffi- cient number of registration books, and of blank forms of certificates of registration and of oaths and of the notices required to be given by the registrars. The cost of the publication in newspapers of the notices required to be given by the registrars sliall be paid by the State, 67 1058 Journal of Alabama the bills therefor to be rendered to the Secretary of State, and approved by him. Mr. Sloan offered the folknving amendment to sub- division 7, of Section 10 : Amend Section 10, seventh subdivision, by adding at the end of the seventh subdivision the following : Said Registration Board for each county shall be composed of one registrar from three dilferent duly organized political par-ties as far as practicable, to be appointed on the recommendation of the County Com- on its own responsibility." If an^' County Committee fails, after thirty days' time, to recommend some person for ai)poiutment, then the board 'of appointment shall make the appointment on its own responsibility. On motion of Mr. Chapman, the amendment was laid upon the table. On motion of Mr. White, subdivision 7 was adopted. Mr. White, acting chairman of the Committee on Suffrage and Elections, submitted the following, to constitute a new subdivision, to Section 10: Eighth — Any elector who registers for another, or who registers more than once, and any registrar who en- ters the nauH^ of any elector on the list of registered voters, without such elector having made application in person, under oath on a form provided for that pur- pose, or who knowingly registers any person, more than once, oi' who knowingly enters a name upon the registration list as the name of a voter without anyone of that nanu^ a])])lying to register, shall be guilty of a felony. On iiiotidu (;f Mr. White subdivision 8 was adopted. On motion of Mr. White Se -tion 10 as anumded, was tliereujion adopted. SECTION ELEVEN. Was read at length as follows: Sec. 11.— ^Tbe Board of Registrnrs in ench county shall, ou or before the first day of February, 1903, file in the Probate Court of their county a complete list, sworn to l)y them, of all persons registered in their county, with the precinct or ward in which each of such persons reside set opposite the names of sucli persons. Constitutional Convkntion. 105^ and shall also file a like list in the office of the Secretary of State. The Judge of Probate shall on or before the first dav of March, 1903, cause to be made from such list in duplicate, in the books furnished by the Secre- tary of State, an alphabetical list by precincts of the persons shown by the list of the registrars to have been registered in the county, and shall file one of such alpha- betical lists in the office of Secretary of State; for which services by the Probate Judges compensation shall be provided by the General Assembly. The Judges of Pro- bate shall keep both the original list filed by the regis- trars and the alphabetical list made therefrom as rec- ords in the Probate Court of the county. Unless he shall become disqualified under the pro- visions of this article, any one who shall register prior to the first day of January, 1903, shall remain an elec- tor during life, and shall be required to register only in case of a change of residence, on production of his cer- tificate. The certificate of the registrar or of the Pro- bate Judges or of the Secretary of State shall ]je suffi- cient evidence to establish the fact of such life regis- tration. Such certificate shall be issued free of charge to the elector, and the General Assembly shall provide by law for the renewal of such certificates when lost, mutilated or destroyed. Mr. Spragins ottered the following amendment to Section 11 : To amend Section 11 by adding after the word "county''' in the third line, the following words : ''Show- ing the age of such persons so registered.'' . The amendment was unanimously adopted. Mr. Davis, of Etowah, offered the following amend- ment to Section 11, which was unanimously adopted : Amend Section 11 by inserting in line two, after "1903," the following : "or as soon thereafter as is prac- ticable," and in line six after "1903" the words "or as soon thereafter as ijracticable." On motion of Mr. White, Section 11, as amended, was adopted. 1060 Journal of Alabama section twelve. Was read at length as follows: Sec. 12. — From and after the first day of January, 1903, any applicant for registration may be required to state under oath, to be administered by the registrar or by any person authorized by law to administer oaths, where he lived during the Ave years next preceding the time at which he applies to register, and the name or names that he was known by during that period, and the names of his employer or employers, if any, during such period. An}^ applicant for registration who re- fuses to state such facts, or anj of them, shall not be entitled to register, and any person so offering to regis- ter who wilfully makes a false statement in regard to such matters or any of them, shall be guilty of perjury. Mr. Lomax offered the following amendment to Sec- tion 12: The Legislature shall, by law, provide for purging the registration lists of names illegally registered, and of those who may die, become insane, convicted of crime, or otherwise disqualified as an elector under the pro- visions of this Constitution. Mr. Reese moved to table the amendment offered by Mr. Lomax. The motion to table was lost. Mr. Eeese moved to recommit the Section ( 12 ) to the Committee on Suffrage and Elections. On motion of Mr. Graham, of Talladega, the motion to recommit was laid upon the table. Mr. Thompson offered the following substitute for the amendment offered by Mr. Lomax : Amend Section 12 b}" adding at the end thereof the following : The Circuit Courts or courts of like jurisdiction shall have the authority to strike from the roll of registered electors the name of any person not legally on such roll, upon the application of any qualified elector, Avhen it is shown to the reasonable satisfaction of such court that the name of such person was illegally on such roll ; and a trial by jury may be had upon the demand of Constitutional Convention. 1C61 either the applicant or the elector, such trial to be with- out cost to either party to such trial. Ou motion of Mr. Thompson the Section (12), to- gether with the pending amendments, were recommitted to the Committee on Suffrage and Elections. SECTION thirteen. Was read at length as follows, and adopted : Sec. 13. — In the trial of any contested election, and in: proceedings to investigate any election, no person other than a defendant shall be allowed to withhold his testi- mony on the ground that he may incriminate himself or subject himself to public infamy; but such person shall not be prosecuted for any offense arising out of the transaction concerning which he testified, but may be prosecuted for perjury committed on such examina- tion. SECTION FOURTEEN. Was read at length as follows : Sec. 14. — The General Assembly shall pass laws not inconsistent with this Constitution to regulate and gov- ern elections, and all such laws shall be uniform throughout the State; and shall provide by law for the manner of holding elections and of ascertaining the re- sult of the same, and shall provide general registration laws not inconsistent with the provisions of this article^ for the registration of all qualified electors from and after the first day of January, 1903. The General As- sembly shall also make provisions by law, not incon- sistent with this ai'ticle, for the regulation of primary elections, and for punishing frauds at the same, but shall not make primary elections compulsory. On motion of Mr. White Section 14 was passed tem- porarily, until the Committee on Suffrage and Elections, reported Section 12, 1062 Journal of Alabama section fifteen. Was read at length as follows, and adopted : Sec. 15. — It shall be the duty of the Greneral Assembly to pass adequate laws giving protection against the evils arising from the use of intoxicating liquors at -all elections. SECTION SIXTEEN. Was read at length as foHows, and adopted : Sec. 16.- — ^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. SECTION SEVENTEEN. Was read at length as follows, and adopted : Sec. 17. — Eeturns of elections for all civil officers •^'ho are to be commissioned by the Grovernor, except Secretary of State, Auditor, Treasurer, Commissioner of Agriculture and Industries, Attorney General and Superintendent of Education, and for the members of the General Assembly, shall be made by the Secretary of State. SECTION EIGHTEEN. Was read at length as follows: Sec. 18. — The poll tax mentioned in this article shall I)e |1.50 upon each male inhabitant of the State, over the age of twenty-one years, and under the age of forty- five years, who would not now be exempt by law. Such poll tax shall become due and payable on the first day of October in each year and become delinquent on the first day of the next succeeding February, but no legal process nor any fee or commission shall be allowed for the collection thereof. The Tax Collector shall make returns for poll tax collections separate from other col- lections. Constitutional Convention. 1063 Mr. Samford offered the following amendment to Section 18 : Amend by striking- out in Section 18 all before the word "poll" in the third line. On motion of Mr. Weatherly, the amemliuent offered l)y Mr. Samford was laid upon the table. Mr. Keese offered the following amendment to Sec- 1i(m 18: Strike out in second line "75" and insert "•GO." Mr. Carmichael, of Colbert, offered the following amendment to the amendment offered by Mr. Keese : .Vmend Section 18 l)y inserting after the word "law" in the third line, the following: Provided, that those male inhabitants of the State •who shall be over the age of 45 years at the ratifica- tion of tliis Constitution, shall neyer be rc(|uired to pay a poll tax. Also by striking out in Section 18 in line two the figures "45" and inserting the figures "60." Mr. Cunningham uioyed to recommit Section 18, to- gether with the pending amendments, to the Committee ■on Suffrage and Elections. Mr. Long, of Walker, moyed to table the motion to recommit Section 18, together with pending amend- ments. The motion was lost. The question recurred upon the motion to recommit Section 18 togetlier with pending amendments. The motion preyailed, and Section 18, together with the pending amendments, were recommitted to the Com- mittee on Suffrage and Elections. section nineteen. Was read at length as follows : Sec. 19. — If any section of this article shall become inoperative and void by reason of the decision of any court of competent jurisdiction, the General Assembly shall have power, and it is hereby authorized to remedy the defect in such section pointed out by such adjudica- tion, by a two-thirds vote of all the members of each 1064 Journal OF Alabama House of the General Assembly; provided, that the sec- tions of this article uneffected by such decisions shall remain unchanged. Upon any other section becoming inoperative by any subsequent adjudication of such court, the General Assembly shall have authority to remedy the defect in like manner as hereinabove pre- scribed. Mr. Walker offered the following amendment to Sec- tion 19, which was unanimously adopted: Amend Section 19 by adding after the word "article'^ in the first line, the following: ''Or subdivision there- of." And after the word "section" in the third line, the following: "Or subdivision." And after the word "article" in the fifth line, the following: "Or subdivi- sion." And after the word "section" in the sixth line, the following: "Or subdivision." Mr. Sorrell offered the following amendment to Sec- tion 19 : Amend Section 19 by adding at the end thereof the following : Provided, that any law enacted by the General As- sembly as provided for in this section, shall not become operative until ratified by a majority of the qualified electors in this State. Mr. Sanford offered the following aiiiendment to the amendment offered by Mr. Sorrell : Amend by adding the words "at an election expressly held for that purpose." ADJOURNMENT. Pending the furtlier consideration of the report of the Committee on Suffrage and Elections, the hour of 7 o'clock having arrived the Convention adjourned until to-morrow morning at 9 o'clock. Constitutional Convention. 1065- SIXTY-FIRST DAY. Convention Hall. Montgomery, Ala., Friday, August 2, 1901. The Convention met pursuant to adjournment. Prayer was offered by Rev. Mr. Marshall of the city.. ROLL CALL. On a call of the roll of the Convention the following, delegates answered to their names, which constituted a quorum : Messrs. President, Cobb, Almon, Cofer, Altman, Coleman (Walker), Ashcraft, Cornwell, Banks, Craig, Barefleld, Cunningham, Bartlett, Davis (DeKalb), Beddow, Davis (Etowah), Bethune, Dent, Blackwell, Duke, Boone, Eley, Brooks, Eyster, Browne, Ferguson, Bulger, Fitts, Burnett, Fletcher, Burns, Foshee, Byars, Foster, Cardon, Glover, Carmichael (Colbert), Graham (Montgomery),. Carmichael (Coffee), Graham (Talladega), Carnathon, Grant, Chapman, Greer (Perry), 1066 Journal of Alabama Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hodges, Hood, Howell, Howze, Inge, Jenkins, Jones (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), Kirkland, Knight, Kyle, Ledbetter, Leigh, Lomax, Long (Butler), Long (Walker), Lowe (Jefferson), Lowe (Lawrence), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Morrisette, Mulkey, Murphree, NeSmith, Norwood, Gates, O'Neal (Lauderdale), O'Neill ( Jefferson ) , Opp, O'Rear, Palmer, Parker (Cullman), Pearce, Pettus, Phillips, Pillans, Pitts, Porter, Reese, Robinson, Rogers ( Lowndes ) , Rogers (Sumter), Samford, Sanders, Sanford, Searcy, Selheimer, S^oan, Smith (Mobile), Smith, Mac. A. Smith, Morgan M., Sollie, Sorrell, Spears, Spragins, Stewart, Vaughan, Waddell, Walker, Watts, Weakley, Weatherly, Constitutional Convention. 1067 White, Williams (Marengo), Whiteside, Williams (Elmore), Willett, Wilson (Clarke), AVilliams (Barbour), Wilson (Washington) 130. LEAVES OF ABSENCE. Was grantt^\Mlliams, of Barbour, ^Monday and Tuesday until 12 o'eloek; Kirkland for Saturday and Monday; Sollie for this afternoon and Saturday; Heflin, of Ivandolpli, for Saturday; Howze, Burnett, Norwood for Saturday and Monday; Long, of Butler, for Saturday; Bulger for this afternoon and Saturday; Vaughan for Saturday; Martin for ^lon- dny, Tuesday and Wednesday; Oj)]) for yesterday and this evening. REPORT OF COMMITTEE ON THE JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in: The Committee on the Journal beg leave to report that they have examined the Journal for the sixtieth day of the Convention, and that the same is correct; Respectfully submitted, John F. Proctor, Chairman. RESOLT'TIOXS ON FIRST READING. The following I'esolution was introduced, read one time at length, and referred to appropriate committee as follows : Besolutiou 283, by Mr. Waddell : Be it resolved that the Secretary of this Convention be and he is hereby authorized to contract with some competent person for the enrollment, on animal parch- ment, with India ink, the Constitution upon its adopt- ion bv this Convention. 1068 Journal of Alabama The resolution was referred to the Committee on Engrossment. STENOGRAPHIC REPORT. Messrs. Sanford and Rogers of Sumter called the at- tention of the Convention to certain errors in the steno- graphic report of the proceedings of yesterday; and Mesrs. Burns and Burnett also called the attention of the Convention to certain errors. The report was ordered corrected. QUESTION OF PERSONAL PRIVILEGE. ^Ir, Saniford arose to a question of personal privilege and proceeded to state his question of personal privi- lege. PRIVILEGES OF THE FLOOR. On motion of Dr. Cunningham, the privileges of the floor were extended to Hon. T. Y. Huffman and ex- Senator Alexander. REPORT OF STANDING COMMITTEES, Mr. Samford, chairman of the Committee on En- grossment, reported the following resolution adversely : Resolution 195, by Mr. Carmichael, of Colbert: Be it resolved that the engrossing and enrolling clerk of the Convention be and she is hereby authorized to employ such assistants as may be necessary to properly discharge the duties of lier office. This resolution shall take effect on and after the 24tli day of June. Resolution 199, by Mr. Howell : Resolved, That whatever clerical assistance may be necessaiy to be employed by the enrolling and engross- ing clerk of this Convention, it be paid for at the rate of 15 cents per 100 words for such assistant clerical work. The resolution was referred to the Committee on Rules. On motion of Mr. Samford, the above resolutions set out, were laid upon the table. COxNSTITUTIONAL CONVENTION. 1069 RECESS. On motion of Mr. Samford the Convention recessed until 10 o'eloelj; in order to give tlie Committee on Suffrage and Elections time to make a report. The honr of 10 o'clock having arrived, tlie Conven- tion was called to order. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was tlie report of the Committee on Suffrage and Elections. On motion of Mr. White, Section 12 : Sec. 12. From and after the first day of January, 1903, au}^ applicant for registration ma}- be required to state under oath, to be administered by the Regis- trar or by any person authorized by law to administer oaths, where he lived during the five ^'ears next pre- ceding the time at which he applies to register, and the name or names that he was known by during that per- iod, and the name of his employer or employers, if any, during such period. Auj^ applicant for registration who refuses to state such facts, or any of them, shall not be entitled to register, and any person so ofl'ering to regis- ter, Avho wilfully makes a false statement in regard to such matters or any of them, shall be guilty of perjury. Which was recommitted to the Committee on Suffrage and Elections, on yesterday, was adopted, as originally reported by the Committee on Suffrage and Elections. SECTION FOURTEEN. Mr. White, acting chairman of the Committee on Suffrage and Elections, offered the following amend- ment to Section 14, said section having been recom- mitted to the committee on yesterday : The amendment was read at length as follows : Amendment by Committee on Suffrage and Elec- tions : Amend Section 11 by adding to the end of the sec- tion .the followino; : 1070 Journal of Alabama ''Tlie Legislature shall hy law provide for purg- ing 'the registration list of the names of those who die, become insane, eonvicted of crime or other- Avise discpialitied as electors under the provisions of this Constitution, and of any whose names may have been fraudulently entered on such list by the IJegis- trars; provided, that a trial by jui-y may be had on the demand of any person whose name is proix)sed to be stricken from the list."' On motion of Mr. White the amendment was adoi)ted. On motion of Mr. White, Section 14, as amended, Avas adopted. SECTION EKJ HTEEN. Mr. White, acting chairman of the Committee on Suffrage and Elections, reported the following substi- tute for Section 18, which was recommitted to the committee on yesterday : The substitute reads as follows: Substitute for Section IS, by Committee on Suffrage and Elections: Sec, 18. The poll tax mentioned in this article shall be |1.5t) upon each male inhabitant of the State over the age of 21 years and under the age of 00 years, who would not now be exempt by law; provided, that those male inhabitants of the State who shall be of or reach the age of 45 years on or before the first day of Janu- arj, 1903, shajl not thereafter be required to pay a poll tax ; such poll tax shall become due and payable on the first day of October in each year, and become delin(|uent on the first day of the next succeeding Febini- -iiry; but no legal process or any fee or conimission shall lie allowed for the collection thereof. The tax collector shall make returns of poll tax collections separate from 'other collections. The ]»oll tax shall be ai)]»lied ex- cusively to the sup])ort of the j)ublic schools of the county in which it is collected. Mr. Pitts offered the followiTig substitute for the substitute offered by the Committee on Sutt"rage and Elections : Constitutional Convention. 1071 Sec. 18. The poll tax mentioned in this article shall be |1.50 ni>ou each male inhabitant of the State over the age of 21 years and nuder the age of 45 years, who would not now be exempt by law. Such poll tax shall become due and payable on the first day of October iu each year, ;iud become delin([uent on the first day of the next succeeding- February, but no legal process nor any fee or commission shall be allowed for the collection thereof. The tax collector shall make returns of i)oIl tax collections separate from other collections. Mr. Hood moved to table the substitute offered bv Fitts. The nu)tion to table prevailed: Yeas, 07; nays, 60. YEAS. Messrs. President, Banks, Bulger, Burnett, Burns, Carmichael (Coffee), Carnathon, Chapman, Cobb, Coleman (Walker), Craig, Cunningham, Davis (DeKalb), Dent, Eley, I'^oster, O lover, rrraham (Talladega), Grant, Greer (Perry), Harrison, Heflin (Chambers), Hinson, Hood. Howze, Jackson, Jenkins, Jones (Wilcox), Kirkland, Kniiihi, Kyle, Lomax, Macdonald, McMillan (Baldwin), McMillan (Wilcox), ^ la lone, Maxwell, Merrill, Miller (Wilcdx), Morrisette, .Murphree, N'f^Smith, Xorman, Norwood, Gates, O'Neal (Lauderdale), Palmer, Parker (Cullman), Pillans, Pitts, 1072 Journal of Alabama Reese, Kogers (Lowndes), Rogers (Sumter), Samford, Sellieimer, Smith (Mobile), Spragins, Stewart, Tayloe, Almoii, Altman, Aslicraft, Barefield, Bartlett, Beavers, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Bvars, Cardon, Davis (Etowah), Duke, Fitts, Fletcher, Foshee, Freeman, Graham ( Montgomery ) , Haley, Handley, Heflin (Randolph), Henderson, Hodges, Howell, Inge, Jones (Bibb), Kirk, Vaughan, Waddell, NA^alker, Watts, Weatherly, White, Williams (Barbour^ Winn— 67. NAYS. Ledbetter, Leigh, Long. (Butler), Long (Walker), Lowe (Jefferson), Lowe (Jefferson), Martin, Miller (Marengo), .Moodv, O'Rear, Parker (Elmore), Pearce, Pettus, Phillips, Reynolds (Chilton), Robinson, Sanders, Sanford, Sloan, Smith, Mac. A. Smith, Morgan M., Sollie, Sorrell, Spears, Thompson, Weakley, W^nteside, Williams (Marengo), Wilson (Clarke), Wilson ( Washington )— 60. Constitutional Convention. 1073 pairs announced. The following pairs were announced: Messrs. Cannichael of Colbert, and ^Villiams of El- more, Evster and Cofer, Coleman of Greene and Mnl- key, deGraffenried and Porter. Messrs. Carmicliael of Colbert, Evster, Coleman of Greene, and deGraffen- ried would vote aye; and Messrs. Williams of Elmore, Cofer, Mulkey and Porter would vote nay. Mr. Smith, of Mobile, offered the following substitute for the substitute offered by the committee : Substitute to Section 18 of the report of the Com- mittee on Suffrage and Elections: By striking from the third line from the bottoui the words "but no legal process nor any," and inserting before the word "fee" in the same line the word "no," and by striking out the word "thereof" in the fii'st line on the 2otli page of the Section, and adding where the word "thereof" was, the words "of any poll tax before it becomes delinquent, nor shall there ])e an}^ process for its collection until April 1st thereafter." On motion of Mr. Eeese the substitute was laid upon the table. Mr. Browne offered the folloAving amendment to the substitute offered by the committee : Strike out the words "over the age of^ 21 years and under the age of 60 years, who would not now be ex- emjDt by law, provided that those male inhabitants of the State who shall reach the age of 45 years on or be- fore the first day of January, 1903, shall not thereafter be required to pay poll tax," and insert in lieu thereof ^'between the ages prescribed by law, and who would not now be exempt by law." EECESS, The hour of 1 o'clock p. m. arrived, and under the rules the Convention recessed until 3 :30 this afternoon. 68 1074 Journal of Alabama AFTERNOON SESSION. The Convention met pursuant to adjournment. ROLL CALL. On a call of the roll of the Convention the follow- ing delegates answered to their names^ which consti- tuted a quorum : Messrs. President, Almon, Altman, Ashcraft, Banks, Barefield, Bartlett, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Bulger, Burnett, Burns, Byars, Ccirddn, Carmichael ( Colhort ) , Carmichael (Coffee), Carnnes (Wilcox), TCirk, Constitutional Convention. 1075. Kirkland, Knight, Kyle, Ledbetter, Leigh, Lomax, Long (Butler), Long (Walker), Lowe (Jefferson), Lowe (Lawrence), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Martin, Maxwell, Merrill, Miller (Marengo), :\Ii]ler (Wilcox), Moodv, Morrisette, Mulkey, Miirphree, NeSmith, Norman, Norwood, Gates, O'Neal (Lauderdale),. O'Neill, (Jefferson), Opp, O'Rear, Palmer, Parker ( Cullman ), Parker ( Elmore) ,^ Pearce, Pet tus, Pillans, Pitts, Reese, Kenfro, Reynolds (Chilton), Reynolds (Henry), Robinson, Rogers ( ] iowudes ) , Rogers (Sumter), Samford, Siaiders, San ford, Searcy, Selheimer, Sentell, Sloan, Smith (Mobile), Smith, Mac. A., Smith, Morgan M.. Sollie, Sorrell, Spears, Spragins, Stewart, Tayloe, Thompson, Vaughan, Waddell, Walker, Watts, Weakley, Weatherly, White, Whiteside, Williams (Barbour), Williams ( Marengo ) , Williams (Elmore), Wilson (Clarke), Wilson (Washington), Winn— 137. 1076 Journal of Alabama UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was the report of the Committee on Suffrage and Elections. The question recurred upon the adoption of the amendment offered hj Mr. Browne to the substitute of- fered b}^ tlie Committee on Suffrage and Elections. Mr. White moved to table the amendment offered by Mr, Browne. The amendment was laid upon the table : Yeas, 6-> ; nays, 59. YEAS. Messrs. President, Almon, Altman, Banks, Boone, Burnett, Burns, Carmichael (Colbert), Carnathon, Chapman, Coleman (Walker), Craig, Cunningham, Davis (DeKalb), Dent, Eley, Ferguson, Fletcher, Foster, Gh)ver, Graham (Talladega), Grant, Greer (Perry), Harrison, ninson. Hood, Howze, Jenkins, Jones (Hale), Jones (Montgomery), Jones (Wilcox), Kyle, Lomax, Macdonald, McMillan (Wilcox), Malone, Maxwell, Merrill, Miller (Wilcox), NeSmith, Norman, Norwood, Gates, O'Neal (Lauderdale), Opp, Parker (Cullman), Pi Hans, Pitts, Reese, Tvogers ( Lowndes ) , Rogers (Sumter), San ford, Selheinier, Smith (Mobile), Constitutional Convention. 107T Spragins, Stewart, Tayloe, Vaiighan, Waddell, Messrs. Ashcraft, Barefleld, Beavers, Beddow, Blaekwell, Boone, Browne, Byars, Cardon, Carmichael (Coffee), Cobb, Cornwell, Davis (Etowah), Duke, Fitts, Freeman, Graham (Montgomery), Haley, Handley, Heflin (Chambers), Hellin (Randolph), Henderson, Hodges, How^ell, Inge, Jackson, Jones (Bibb), Kirk, Knight, Ledbetter, Walker, Watts, Weatherly, White— 63.. nays. Leigh, Long (Walker), Lowe (Jefferson), Lo we ( La wrence ) , McMillan (Bald win >. Martin, Miller (Marengo), Moody, Miirphree, O'Rear, Palmer, Parker (Elmore), Pearce, Pettiis, Phillips, Robinson, Samford, Sanders, Sniitii, Mac. A., Smith, Morgan M. Spears, Thompson, Weakley, Whiteside, Williams (Barbour), Williams ( Marengo ),^ Williams (Elmore), Wilson (Clarke), Winn— 59. PAIRS ANNOUNCED. The following pairs were announced : Messrs. Eyster and Cofer, deGraffenried and Por- ter, Greer of Calhoun and Sloan. Messrs. Eyster, de- 1078 Journal of Alabama Graffenried, Greer of Calhoun, would vote aye; and Messrs. Gofer, Porter, Sloan would vote nay. Mr. Samford moved to reconsider the vote by which the previous question was ordered, on the pending sub- stitute and amendment to the substitute. The Chair ruled that the motion was not in order. Thereupon Mr. Samford moved that the rules be suspended in order that he could move a reconsideration of the vote by which the previous question was ordered. The motion to suspend the rules prevailed : Yeas, 82 ; oaays, 36. YEAS. Messrs. Almon, Haley, Ashcraft, Handley, Barefleld, Harrison, Bartlett, Ueflin (Chambers), Beavers, lleHiu (Randolph), Beddow, Henderson, •Bethune, Hinson, Blackwell, Hodges, Boone, Hood, Brooks, Howell, Browne, Inge, Byars, • Inckson, "Oarmichael (Coffee), Jenkins, Cobb, •fones (Bibb), Coleman (Walker), Jones ( Montgomery ) , Cornwell, Kirk. Craig, Knight, Cunningham, l.eigh. Davis (DeKalb), Lomax, Dent, Long (Walker), Duke, Lowe (Jefferson), Fitts, Macdonald, Fletcher, McMillan (Baldwin), Foster, Maxw.-ll, Freeman, Miller (Marengo), •Graham (Montgomery), "\roody. Greer (Perry), >ii!r])hree, Constitutional Convention. 1079 NeSmith, Norwood, Oates, O'Neal (Lauderdale), Opp, O'Rear, Palmer, Parker ( Cullman ), Parker (Elmore), Pearce, Phillips, Eeese, Rogers (Lowndes), Samford, Sanders, Sanford, iSeiheimer, Si>ears, Spragins, Thompson, Weakley, Weatherly, White, Whiteside, Williams (Marengo), Williams (Elmore), Wilson (Clarke) Winn— 82. NATS. Messrs. President, Banks, Burnett, Burns, Oarmichael (Colbert), Carnathon, Davis (Etowah), Eley, Ferguson, Olover, Graham (Talladega), Grant, Howze, Jones (Wilcox), Kyle, LedlT^tter, Lowe (Lawrence), McMillan (Wilcox), Martin, Merrill, Miller (Wilcox), Norman, Pettus, Pillans, Pitts, Robinson, Rogers (Sumter), Sloan, Smith, Mac. A., Smith, Morgan ]\L Stewart, Tayloe, Vaughan, Waddell, Walker, Williams (Barbour)— 36. pairs announced. The following pairs w^ere announced : Messrs. Cofer and Eyster, Porter and deGraffenried. Messrs. Cofer and Porter would Tote aye, and Messrs. Eyster and deGraffenried would vote nav. 1080 Journal of Alabama Mr. Samford moved to reconsider the vote by whicli the previous question was ordered. The motion prevailed. Mr. Samford offered the following substitute for the substitute offered by the committee: Sec. 18. The poll tax mentioned in this article shall be |1.50 upon each male inhabitant of the State over the age of 21 years, and under the age of 60 years, wha would not now be exempt by law, except on account of age; such poll tax shall become due and payable on the first day of October in each year, and become delinquent on the first day of the next succeeding February, but no legal process nor any fee nor commission shall be al- lowed for the collection thereof. The tax collector shall make returns of poll tax collections separate from other collections, and all monies collected under this section shall be applied to the public schools in the county in which the same is collected. Mr. Grant moved to table the substitute offered by Mr. Samford. The motion to table was lost: Yeas, 51; nays, 67. YEAS. Messrs. President, Burnett, Byars, Cardon, Oarmichael ( Colbert ^ Carmichael (Coffee), Carnathon, Craig, Davis (Etowah), Duke, Elev, Fitts, Fletcher, Freeman, Glover, Grant, Handley, Hefliu (Randolph), Henderson, Rinson, Hodges, Howze, Jones (Wilcox), l-edbetter, McMillan (Baldwin), Mai one, Martin, Merrill, Miller (Wilcox^ Moody, Norman, O'Neal (Lauderdale), Parker (Cullman), Pettus, Constitutional Convention. 1081 Robinson, Rogers (Sumter), Sanders, Sloan, Smith, Mac. A. Smith, Morgan M., Spears, Thompson, Waddell, Walker, Watts, Weakley, W^atherly, Williams (Barbour), Williams (Marengo), Williams (Elmore), Wilson (Clarke)— 51. Messrs. Almon, Banks, Barefield, Bartlett, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Burns, Chapman, Cobb, Coleman (Walker), Cornwell, Cunningham. Davis (DeKalb), Dent, Ferguson, Foster, Graham ( Montgomery ) , Graham (Talladega), Greer (Perry), Haley, Harrison, Heflin (Chambers), H(.f.d Inge, Jackson, nays. Jenkins, Jones (Bibb), Jones (Hale), Jones (Montgomery),. Knight, Kyle, Leigh, Lomax, Long (Walker), Lowe (Jefferson), .^^acdonald, McMillan (Wilcox), Maxwell, Miller (Marengo), Murphree, NeSmith, Norwood, Gates, Opp, O'Rear, Palmer, Parker (Elmore), Pearce, T^liillips, Pillans, Pitts. Reese, Rogers (Lowndes).. Samford, 1082 Journal of Alabama Sauford, Vaughan, Sellieimer, White, Spragins, Whiteside, Stewart, Winn — 67. Tayloe, The question recurred upon the adoption of tlie sub- stitute offered by Mr. Samford for the substitute of- fered by the committee. The substitute offered by Mr. Samford Avas adopted. The question recurred upon the adoption of Section 18 as amended. Section 18, as amended, was lost : Yeas, 55 ; nays, 65. YEAS. Messrs. President, Banks, Beddow, Blaclvwell, Boone, Brooks, Burns, Chapman, Cobb, Coleman (Walker), Cornwell, Craig, -Cunningham, Davis (DeKalb), Dent, FergUf3cn, Fletcher, Foster, Oraham (Talladega), Harrison, Hood, Jackson, Jenkins, Jones (Hale), Jones ( Montgomery ) , Knight, Kyle, Lomax, Lowe (Jefferson), Macdonald, McMillan (Wilcox), Murphree, NeSmith, Norwood, Gates, O'Neal (Lauderdale), Palmer, Parker (Elmore), Pillans, Pitts, Keese, Kogers (Lowndes), Samford, Sanford, Sellieimer, Spragins, Stewart, Tayloe, Vaughan, Waddell, Weatherly, White, Whiteside, Williams (Elmore), Winn— 55. Constitutional Convention. 1083 NAYS. Messrs. Almon, Barefield, Bartlett, IJeavers, Betliune, Browne, Byars, Cardon, Carmicliael ( Colbert ) , Carmicliael ( Coffee ) , Carnathon, Davis (Etowah), Duke, Eley, Fitts, I-'reeman, Glover, Graham ( Montgomery ) , Grant, Haley, Handley, Ileflin ( Chambers ) , Ileliin (Randolph), Henderson, Hinson, Hodges, Howell, Howze, Inge, Jones (Bibb), Jones (Wilcox), Kirk, Ledbetter, Leigh, Long (Walker), Lowe (Lawrence), McMillan (Baldwin), ]\Lilone, Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox ), Moody, Norman, Opp, O'Rear, l*arker (Cullman), Pearce, Pettus, Phillips, Robinson, Ivogers (Sumter), Sanders, Sloan, Smith, Mac. A., Smith, Morgan M., Spears, Thompson, Walker, Watts, Weakley, Williams (Barbour), Williams (Marengo), AVilson (Clarke)— 65. PAIRS ANNOUNCED. The following pairs were announced: Alessrs. Burnett, Long of Bulter, deGraffenried and Porter. Messrs. Burnett and deGraffenried would vote aye ; and Messrs. Long of Butler, and Porter would vote nav. 1084 Journal of Alabama The point of order was raised that the question re- curred upon the original Section 18, as reported by the committee. Tlie Chair (Mr. Graham, of Talladega, presiding) held on the i>oint of order raised by Mr. Knox, tliat Section 18 was before the Convention. Section 18, as originalh' reported by the Committee on Suffrage and Elections, was, on motion of Mr. White, adopted. SIXTIOX XIXETEEX. The ([uestion recurred upon tlie amendment to Sec- tion 19 offered by Mr. Sorrell on yesterday, and the amendment to the amendment offered by Mr. Samford. On motion of ]Mr. White, the pending amendments were laid upon the table. Thereupon Mr. White, acting chairman of the Com- mittee on Suffrage and Elections, offered the follow- ing substitute for Section 19: If any section or subdivision of this article shall, for any reason, be or be held l>y any court of competent jurisdiction, and on final resort, to be invalid, inoper- ative or void, the residue of the article shall not be thereby invalidated or affected. Mr. Harrison off'ered the following auu^udment to tlie substitute : Amend by adding at end of Section tlie following words, to-wit : Provided, that the Boards of Registration appointed for the several counties, shall prepare and file, as re- quired by the seventh subdivision of Section 10 of this article, three separate and distinct lists of those regi ;- tered, by their showing ui)on one those who registered under the first subdivision of Section 4; on another those who registered under the second subdivision of said section; and another tluise who registered under the third subdivision of said section. On motion of Mr. Weatberly the amendment was laid upon the table. CONSTITUTIOXAL CONVENTION. 1085 Mr. Sanders offered the following substitute for the ■substitute reported by tlie committee: It is hereby declared that the Sutfrage plan con- tained in this article is not one and indivisible; but that each provision thereof is separate, distinct, inde- l)endent and diyisible. On motion of Mr. Knox the substitute offered by Mr. Sanders was laid, upon the table. The question recurred upon the adoption of the substitute offered bv the committee for Section 19. ]Mr. Sanders moved to table the substitute offered by the committee to Section 19. The motion to table was lost. Section 19, as amended by the substitute, was there- upon adopted. Mr. Sanford offered the following amendment, to constitute a new section : Section — . When any person offers to vote, the re- turning officer must call his name audibly and dis- tinctly; and if there be no objection as to the qualifica- tions of such person as an elector, must receive his vote; and the name of each elector, whose ballot has been so received, must be taken down immediately by the clerk or clerks on separate lists, which shall be headed "Names of Voters," and called poll lists; and the number of the order in which such elector votes must at the same time be entered by each clerk against his name, and number the ballot by the same number as that is entered against the voter's name. On motion of Mr. Weatherly the amendment of Mr. Sanford was laid upon the table. Mr. Lowe, of Jefferson, offered a substitute for the entire article on Suffrage and Elections, said substi- tute to be taken up at the morning session of to-morrow. AD.JOURNMENT. On motion of Mr. Barefield the Convention adjourned until 9 :30 to-morrow morning. 1086 JoL'RXAL OF Alabama SIXTY SECOND DAY. Convention JIall. Montgomery, Ala., Saturday, August 3, 1901.. The Couyentiou met pursuaut to adjourument. Prayer was offered by Rey. Mr. ^larsliall of the citv. ROLL CALL. On a call of the roll of the Conyention the following delegates answered to their names, which constitute a quorum : Messrs. President, Dent, Almon, deGraffenried, Ashcraft, Duke, Banks, Elev, Barefield, Fletcher, Bartlett, Foster, Beavers, Glover, Beddow. Graham (Montgomery) Bethune, Graham (Talladega), Blackwell, Greer (Perry), Boone, Haley, Brooks, Handley, * Byars, Harrison, Cardon, Hodges, Carmichael (Colbert), Hood, Carmichael (Coffee), Howell, Carnathon, Inge, Chapman, Jackson, Cobb, Jones (Bibb), Craig, Jones ( Montgomery ) ,. Cunningham, King, Davis (DeKalb), Kirk, Davis (Etowah), Knight, Constitutional Convention. i08,r Kyle, Leigh, Lomax, Lowe (Jefferson), Lowe (Lawrence), Maedonald, McMillan ( Baldwin ) , McMillan (Wilcox), M alone, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Morrisette, Mulkey, Murphree, Norman, Norwood, Gates, Opp, O'Eear, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Phillips, Pillaus, Porter, Robinson, Rogers (Lowndes), Rogers (Sumter), Samford, Sanders, Sanford, Selheimer, Sloan, Smith (Mobile), Smith, Mac. A. j Spears, Spragins, Stewart, Tayloe, Thompson^ Waddell, Walker, Watts, White, Whiteside, Williams (Barbour), • Williams (Marengo), Wilson (Clarke), Wilson (Washington) ^^lnn— 98. LEAVE OF ABSENCE Was granted to Messrs. Parker of Cullman, and Eley for to-day; Pitts and Long of Walker for to-day and Monday ; Locklin from July 28 to August 5 ; Smith, Mov- gan M., for to-day; Bethune, Monday and Tuesday; ]Ma- lone for Monday ; Altman for to-day and ]Mouday ; Winn for Monday and Tuesday; O'Neal of Lauderdale for ]\ronday and Tuesday ; Ledbetter for Monday and Tues- day ; John H. Parker for Monday. 1088 Journal of Alabama report of the committee on the journal. The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in : The Committee on the Journal beg leave to report that they have examined the Journal for the sixty-first day of the Convention, and that the same is correct. Respectfully submitted, John F. Proctor^ Chairman. RESOLUTIONS ON FIRST READING. The following resolution was introduced, severally read one time at length, and referred to appropriate coni- mitteeSj as follows : Resolution 284, by Mr. Williams, of Marengo : Resolved, That the following amendment be referred to the Committee on Judiciarj^, to- wit : Amend Sectiou 29 of the report of the Committee on Judiciary b}^ striking out in the eighth line the words "and the inferior courts herein provided for" and by in- serting after the word "ejectment" in the tenth line, the following: "And the inferior courts herein i)rovided for shall have such jurisdiction as may be conferred on them by law." The resolution was referred to the Committee on Judiciary. ORDINANCES ON FIRST READING. The following ordinances were introduced, severally read one time at length, and referred to appropriate com- mitteess, as follows : Ordinance 437, by Mr. Smith, of Mobile : To exempt maimed soldiers who served in the Confed- erate army or the State of Alabama in the war between the States. The ordinance was referred to the Committee on Taxation. Ordinance 438, by Mr. Williams, of Marengo: Constitutional Convention. 1089 Providing for the suspension of the net passed by the G'eneral Assembly changing the county seat of Shelhy County from Columbiana to Calera; until permanently located by a vote of the qualified electors of the county. The ordinance was referred to the Committee on State and County Boundaries. Ordinance 439, by Mr. Samford: Providing that Section 2 of the article on Suffrage and Elections be amended, in regard to the voting of min- isters of the gospel. The ordinance was referred to the Committee on Suffrage and Elections. stenographic report. Mr. Sanders called the attention of flie Convention to a certain error in the stenographic report of the proceed- ings of yesterday. The report was ordered corrected. Mr. Samford moved that when the Convention ad- journ to-day at 1 o'clock that it adjourn to meet at 11 o'clock on Monday. The motion of Mr. Samford prevailed. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was the report of th'^ Committee on Suffrage and Elections. The question was upon the adoption of the substitute offered by Mr. Lowe, of Jefferson, for the entire arti- cle on Suffrage and Elections. The substitute of Mr. Lowe was read as follows : An Ordinance — Be it ordained by the people of Alabama in Conven- tion assembled : Section 1. Every male citizen of the United States, and every male citizen of foreign birth, who may have legally declared his intention to become a citizen of the United States before he offers to vote, wlio is not under 21 years of age, possessing the following qualifications, 69 1090 Journal of Alabama sliall be an elector and shall be entitled to rote at any election hy the people, except as hereinafter provided: First — He shall have resided in the State at least two years, in the county one year, and in the precinct or ward three months immediately preceding the elec- tion at which he offers to vote; provided, that any elector who within three months next precediu"- the date of election at which he offers to vote, has removed from one precinct or ward to another precinct or ward in the same county shall have the right to vote in the precinct or ward from which he has so removed, if he would have been entitled to vote in such precinct or ward but for such removal; and provided also, that nc soldier, sailor or marine in the military or naval ser- vice of the United States shall acquire a residence by being stationed in this State. Second — He shall have made a contribution to the public schools of |3.00, by all electors under 45 years of age, and f 1.50 hy all electors over 15 years of age, by paying that amount to the tax collector of the county during the mouths of January, February or ^larch of each year subsequent to the last general election and preceding the year in which the election is held at which he sliall offer to vote. The contribution herein provided for shall be called "the school contribution," and the amount received therefrom, less the commis- sion allowed by law to the collector, shall be applied to the public s(lu)ols of the State; provided, however, that the General Assembly may l>y law provide that the school contribution made by the residents of the sev- eral precincts may be used for tlie support and umin- tenance of the public schools of sucli precincts. It shall be the duty of the tax collector of the county to issue to each person who shall make the school contri- bution a receipt showing correctly tlie date of piyment, the name of said persons, and the precinct and county of his residence, and immediately upon said payment being made, tlie tax collector shall enter the name of the ])erson contributing in a well bound book to be ke]it for the pui'pose, or allow sudi ])erson to write his own uauu^ in said book, which shall be ruled and mark(>d to show Constitutional Convention. 1091 the date of i)ayineiit of the scluxd eontribiition, imme, age, color and precinct of residence of the persons who make the same. And on or before the 15th day of April of each year the tax collector shall certify unomery. Section 7 A\'as adopted. SECTION EIGHT. AVas read at lenj>tli and adopted : Sec. 8. A Chancery Court, or a court haring- the Juris- diction of the Chancery Court, shall he held in ea:li dis- trirt, at a place to be tixed by law, at least twice in each year, and the chancellors may hold court for each otlier when they deem it necessary. SECTION NINE. \\'as read at length as follows : Bee. 9. Any county having a population exceeding 20,000, according to the next preceding Federal census, and also taxable property exceeding |3,500,(i00 in value, according to the next preceding assessment of property for State and county taxation, need not be included in any circuit or chancery division; but if the value of its taxable property shall be reduced below that limit, or if its population shall be reduced below that number, the (Jeneral Assembly shall include such county in a cii-cuit and chancery division or either, embracing more than one county. No circuit or chancery division shall contain less than three counties, unless there be embraced therein a county having a population exceeding 20,000, and taxable prop- erty exceeding $3,500,000. The (leneral Assembly may confer upon the Circuit Coui't or the Chancery Court the jurisdiction of both of said courts. In counties hav- ing two or more courts of rcH-ord, the General Assembly may provide for the consoliclaticn of all or any of such courts of i-ecoi-d, except the Pro])ate Court, with or Constitutional Convention. 11 OS without separate divisions, and an appropriate number of Judges for the transaction of the business of such consolidated court. The following minority report to Section 9, offered by Mr. Kirk, was read as follows : Sec. 9. Any county having a population exceeding 30,00!) according to the next preceding Federal census, and also taxable property exceeding seven millions of dollars in value, according to the next preceding as- sesisment of property for State and county taxation, necnl not be included in any Circuit or Cliancery division; but if the value of taxable property shall be reduced be- low that limit, or its population be reduced below that number, in either of which events the General Assembly shall include such county in a Circuit or Chancery divi- sion, or either, embracing more than one county. No Circuit or Chancery division shall contain less than three counties, unless there be embraced therein a county having a population exceeding thirty thousand, and tax- able property exceeding seven millions of dollars. The counties of this State not having a population of thirty thousand and taxable property of seven millions of dol- lars, or more, shall be divided into convenient circuits by the General Assembly at its first session after the ad >ption of this Constitution, and when so divided, the number of circuits shall not be increased except by a vote of two-thirds of the General Assembly. Ou motion of Mv. Sanders the minority report offered by Mr. Kirk was laid upon the table. Mr. Williams, of Barbour, offered the folio wins? amendment to Section 9 : Strike out the sentence beginning in line ten with the words "the General Assembly." On motion of Mr. Hood the amendment offered by Mr. Williams, of Barbour, was laid upon the table. On motion of Mr. Cobb Section 9 was adopted. ADJOURNMENT. The hour of 1 o'clock having arrived, under the mo- tion heretofore adopted, the Convention adjourned until 11 o'clock Mondav mornine:. 1104 Journal of Alabama SIXTY-THIRD DAY Convention Hall. Montgomery, Ala., Monday, August 5, 1901. The Convention met pursuant to adjournment. Prayer was offered by IJev. Mr. Howell of the Con- vention. roll call. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : Messrs. President, Ashcraft, Barefleld, Bartlett, Beavers, Beddow, Boone, Brooks, Browne, Bulger, Burns, Byars, Cardon, Carmichael (Colbert); Carnathon, Chapman, €obb, Cofer, Coleman (Walker), Craig, Davis (DeKalb), Davis, (Etowah), Dent, •deCraffenried, Duke, Espy, Ferguson, Fletcher, Foshee, Gil more, Clover, Graham (Montgomery), Graham (Talladega), Grayson, Haley, Randley, Heflin (Chambers), Heflin (Randolph), Henderson, Hodges, Hood, Howeli, Inge, Jenkins. Jones (Bibb), •Tones (Hale), Kirk, Kyle, T eiijh. Lorn ax. Constitutional Convention. 1105 Long (Butler), Macdonald, McMillan (Baldwin) McMillan (Wilcox), Maxwell, Miller (Marengo), Miller (AVilcox), Morrisette, Murpliree, NeSmith, Norman, Oates, Opp, Palmer, Pearce, Pettns, Phillips, Porter, Iveese, Eeynolds (Henry), Ivogers (Sumter), Samford, Sanford, Selheimer, Sentell, Smith (Mobile), Smith, Mac. A., Spears. Spragins, Stewart, Studdard, Tayloe, Vaughan, Waddell, Walker, Watts, Weakley, Weatherly, White, Whiteside, Williams ( Marengo) , Wilson (Clarke)— 91. LEAVE OF ABSENCE Was granted to Messrs. Jones of Wilcox, Williams of Barbour, Harrison, Jackson, Sloan, Smith, M. M. ; Lomax and Pitts for to-day, and to Jones of Montgom- ery, Reynolds of Chilton indefinitely. keport of the committee on the journal. The chairman of the Committee on the Journal sub- mitted the folloAving report, which was concurred in: The Committee on the Journal beg leave to report that they have examined the Journal for the sixty-second day of the Convention, and that the same is correct. Respectfully submitted, John F. Proctor. Chairman. 1106 Journal of Alabama privileges of the floor. - On motion of Mr, Sentell, the privileges of the floor were extended to Hon. J. F. Jones, member of the Leg- islature. On motion of Mr. Samford, resolution 194 was made a special order immediately after the disposition of the special orders heretofore made. RESOLUTIONS ON FIRST READING. The following- resolution was introduced, read one time at length and referred to appropriate committees as follows: Resolution 285, by Mr. Graham, of Montgomery: Whereas, This Convention has heard of the great affliction which has befallen ex-Governor Thomas G. Jones, a member of this Convention, in the tragic death of his daughter, which ocurred at an early hour this^ morniug, and Whereas, It is proper that we should place on rec- ord some evidence of the sorrow which we feel at the calamity that has overtaken our colleague; therefore Be it resolved by the Constitutional Convention of Alabama, that we, individually and collectively, pro- foundly sympathize with Hon. Thomas G. Jones, and the meml)ers of his family in the great affliction which they have sustained in the untimely and dreadful death of his daughter. Ivesolved further, That the Secretary of this ^Conven- tion be and he is hereby instructed to send a duly cer- tified coi)y of these resolutions to Governor Jones. On motion of ^[r. Graham, of Montgomery, the rules were suspended and the above resolution was unani- mously adopted by a rising vote. ORDINANCES ON FIRST READING. The following ordinances were inti*oduced, severally read one time at length, and referred to appropriate com- mittees, as follows : Ordinance 410, by Mr. Tayloe : CONSTITUTIOXAL CONVENTION. 1107 To amend Section 3 of an ordinance lately passed by the people of Alabama in Convention assembled, entitled an ordinance to create and define the State and County Boundaries, and to regulate the location of county sites and the formation of new counties. The ordinance was referred to the Committee on State and County Boundaries. Ordinance 441,' by Mr. Whiteside: To amend Section 3 of Article II of this Constitu- tion. The ordinance was referred to the Committee on State and County Boundaries. Ordinance 442, by Mr. Reese: To amend Section 18 of the Article on Suffrage and Elections lately passed by this Convention. The ordinance was referred to the Committee on Suffrage and Elections. UNFINISHED BUSINESS. The Convention pi'oceeded to the consideraiioii of the unfiuish.ed business, wliich was the report of the Committee on Judiciary. SECTION TEN. Was read at length as folloAvs and adopted : Sec. 10. The General Assembly shall have power to establish in each county within the State a court of Pro- bate, with general jurisdiction to grant letters testa- mentary and of administration, and of orphans' busi- ness; provided, that whenever any court having equity powers has taken jurisdiction of the settlement of any estate, it shall have power to do all things necessary for the settlement of such estate, including the appointment and removal of administrators, executors, guardians and trustees, and including action upon the resignation of either of them. 1108 Journal of Alabama section eleven. Was read at length as follows : Sec. 11. The Justices of the Supreme Court, Chancel- lors, and the Judges of the Circuit Courts, and other courts of record, except Probate Courts, shall, at stated times, receive for their services a compensation which shall not be diminished during their official term; 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. Mr. Gates otfered the following amendment to Sec- tion 11, which Avas adopted : Amend Section 11 by adding thereto the words "or appointed.'' Mr. Gates offered the following amendment to Sec- tion 11 : Amend Section 11 by adding thereto as follows: "And shall not during their continuance in office take an active part in partisan politics.''' Gn motion of Mr. Walker the amendment offered by Mr. Gates was laid upon the table. Mr. Macdouald offered the following amendment to Section 11 : Amend by striking out all of said section after the words "perquisites" where it appears on the fourth line of said section. Gn motion of Mr. Heflin, of Chambers, the amend- ment offered by ]\lr. Macdonald was laid upon the table. Gn motion of Mr. Smith, of Mobile, Section 11, as amended was adopted. SECTION TWELVE. AVas read at length as follows and adopted: Sec. 12. The Supreme Court shall consist of one Chief Justice and such number of Associate Justices as may be prescribed by law. Constitutional Convention. 1109 section thirteen. Was read at length as follows : Sec. 13. The Chief Justice and Associate Justices of the Supreme Court, Judges of the Circuit Courts, Pro- bate Courts, and Chancellors, shall be elected by the qualified electors of the State, circuits, counties and chancery divisions, for which such courts may be estab- lished, at such times as may be prescribed by law, except as herein otherwise provided. Mr. Oates offered the following amendment to Sec- tion 13: In lines 2 and 3 strike out the words "elected by the qualified electors of the State" and insert in lieu there- of the following, to- wit : "Appointed by the Governor by and with the advice and consent of the Senate, for the State, excepting Judges of Probate Courts." ]\lr. Boone moved to table the amendment offered by Mr. Oates. The motion prevailed, and the amendment was laid upon the table : Yeas, 75 ; nays, 13. YEAS. Messrs. Ashcraft, Craig, Barefield, Davis (Etowah), Beavers. T .wis (DeKalb), Beddow, Duke, Blackwell, Eley, Boone, Ferguson, Brooks, Fletcher, Browne, Glover, Bulger, (rraham ( Montgomery), Burns, Graham (Talladega), Byars, Grayson, Cardon, Haley, Carmichael (Colbert), Handley, Carnathon, Hefiin (Chambers), Chapman, TToflin (TJandolph)^ Cobb, Henderson, Coleman (Walker), Hodges, I'llO JOURNAL OF ALAT.AJklA Hood, Howell, Inge, Jenkins, Jones (Bibb), Jones (Hale), Kirk, Ledbetter, Long (Butler), Macdonald, McMillan (Wilcox), Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), NeSmith, Norman, Opp, Pearce, Pettus, Phillips, Porter, Keese, Reynolds (Henry), Samford, Sentell, Smith (Mobile), Smith, Mac. A., Sorrell, Spragins, Stewart, Studdard, Tayloe, Vaughan, Waddell, Walker, Watts, ^^'eakley, White, "^ Whiteside, Wilson (Clarke)— 75. NAYS. Messrs. President, Dent, deGraffenried, Foshee, Gilmore, Kyle, McMillan (Baldwin), Mnrphree, Oates, Palmer, Ivogers (Snmter) Sanford, Selheimer — 13. Mr. deGraffenried offered the following amendment to Section 13 : Sec. 13. The Chief Justice and Associate Justices of the Supreme Court, Judges of the Circuit Courts, and Chancellors shall be elected by the members of the General Assembly on joint ballot, and Judges of Pro- l)ate shall be elected iby the qualified electors' of the counties for which such courts may be established, at such times as may be prescribed by law. Constitutional Convention. nil On motion of Mr. Boone the amendment offered by Mr. deGraffenried was laid upon the table. Section 13 was thereupon adopted. reconsideration. Mr. Waddell moved to reconsider the vote by which Section 7 of the Article on Judiciary was adopted. On motion of Mr. Graham, of Montgomery, the mo- tion of Mr. Waddell was laid upon the table : Yeas, 52 ; nays, 38. YEAS. Messrs. Ashcraft, Rarefield, Blackwell, Boone, Brooks, Bulger, Burns, Cardon, Carmichael (Colbert), Carnathon, Cobb, Davis (DeKalb), deGraffenried, Duke, Espy, Ferguson, Fletcher, Glover, Grahnra (Montgomery), Handley, Heflin (Chambers), Heflin (Randolph), Henderson, Inge, Jenkins, Jones (Hale), Kirk, Leigh, Macdonald, Maxwt^ll, Merrill, Miller (Marengo). Miller (Wilcox), Norman, Opp, Pettus, Jvf^ese, lieynolds (Henry), Sam ford, Sellieimer, Sentell, Smith (Mobile), -Sorrell, Stewart, Vaughan, Waddell, Walkei', Watts, Weakley, Weatherlv. White, Wilson (Clarke)— 52. 1112 Journal of Alabama NAYS. Messrs. President, Howell, Banks, Jones (Bibb), Bartlett, Kyle, Beavers, McMillan (Baldwin), Beddow, McMillan (Wilcox), Browne, Murphree, Byars, NeSmith, Chapman, Dates, Coleman (Walker), Palmer, Craig, Pearce, Davis (Etowah), Phillips, Dent, Porter, Foshee, Kogers (Sumter), Gilmore, Sanford, Graham ( Talladega ) , Smith, Mac. A, Grayson, Spears, Haley, Spragins, Hodges, Stnddard, Hood, AVhiteside— 38. SECTION FOURTEEN. Was read at length as follows : Sec. 14. The Judges of such inferior courts of law and equity as may be by law^ established, shall be elected or appointed in such mode as the General Assembly may prescribe. Mr. Spragins offered the following amendment to Section 14 : To amend Section 14 by striking out all after the word "elected'' in the second line, and by adding in lieu thereof the following: "By the qualified electors of the county or counties within the jurisdiction of such in- ferior courts of law and equity." On motion of Mr. Smith, of Mobile, the amendment was laid upon the table. On motion of Mr. Smith, of Mobile, Section 14 was adopted. Constitutional Convention. 1113 section fifteen. Was read at length as follows: Sec. 15. Chancellors and Judges of all courts of rec- ord, shall have been citizens of the United States and of this State for five years next preceding their election or appointment, and shall be not less than 25 years of age; and, excej^t Judges of Probate Courts, shall be learned in the law. Mr. Macdonald offered the following amendment to Section 15 : Amendment to Section 15 of article reported by Com- mittee on Judiciary : Amend Section 15 by striking out the words "except Judges of Probate Court" on the third and fourth lines of the section. On motion of Mr. Duke the amendment offered "hj Mr. Macdouald was laid upon the table. Section 15 was thereupon adopted. RECESS. The hour of 1 o'clock p. m. arrived, and under the rules the Convention recessed until 3 :30 this afternoon. AFTERNOON SESSION. The Convention met pursuant to adjournment. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, w^hich constituted a quorum : Messrs. President, Reddow, Ashcraft, Blackwell, Banks, Boone, Barefield, R rooks, Bartlett, Browne, Beavers, Bulger, 1114 Journal of Alabama Burns, Byars, Cardon, Carmichael (Colbert), Carnathon, Chapman, Cobb, Coleman (AValker), Craig, Davis (DeKalb), Davis (Etowah), Dent, deGraffenried, Duke, Eley, Ferguson, Fletcher, Foshee, Gilmore, Glover, Graham ( Montgomery ) , Graham (Talladega), Orayson, Haley, Handley, Heflin (Chambers), Heflin (Randolph), Hendei-son, Hodges, Hood, Howell, Inge, Jones (Bibb), Jones (Hale), Kirk, Knight, Kyle, Leigh, Long (Butler), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Murphree, NeSmith, Norwood, Gates, Opp, Palmer, Pcarce, Pettus, Phillips, Pitts, Porter, Keese, Reynolds (Henry), liOgers (Sumter), Samford, Sanford, Selheimer, Sentell, Smith (Mobile), Smith, Mac. A., Spears, Spragins, Stewart, Studdard, Tayloe, Vaughan, Waddell, Walker, Watts, Weakley, Weatherly, White, Whiteside, Wilson (Clarke)— 92. Constitutio:nal Convention. 1115 privileges of the p^i^or. On niotiou of Mr. Dates the privrleges of the flobr were extended to Hon. Lonis W. Turpin, ex-member of Con- gress. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was the report of the Com- mittee on Judiciary. SECTION SIXTEEN. Was read at length as follows : Sec. 16. Except as otherwise provided in this article, the Chief Justice and Associate Justices of the Supreme Court, Circuit Judges, Chancellors, and Judges of Probate, shall hold office for the term of six years, and until their successors are elected or appointed, and qualified; and the right of such Judges and Chancellors to hold their offices for the full term hereby prescribed shall not be affected by any change hereafter made by law in any circuit, divi- sion or county, in the mode or time of election. The Chair stated that there were two minority re- ports to Section 16 and 17, and that the Chair would hold that the minority reports would be considered as amendments and an amendment to the amendment. Th(^ minority report to Section 16, by Messrs. Watts, Leigh, Edward A. Graham, J. McLean Jones, Samford, Pillans, reads as foUoAvs : Sec. 36. In the year 1901, Judges of the Probate Courts, Judges of the Circuit Courts and Chancellors shall be elected by the qualified electors of the respective counties, circuit and chancery divisions for a term of six years, and nntil their successors are elected and qualified. In the year 1910, and every four years thereafter. Judges of the Probate Courts shall be elected by the qualified electors of the respective connties for a term of four years, and until their successors are elected and qualified. In the vear 1116 JouBNAL OF Alabama 1910, and every eight years thereafter, Judges of the Circuit Courts and ChaneeHors shall be elected by the qualifid electors of the respective CMrcuit and Chancery divisions for a term of eight years, and until their suc- cessors are elected and qualified. The right of such Judges and Chancellors to hold their offices for the full term hereby prescribed shall not be affected by any change hereafter made by law in any circuit, division or county in the mode or time of election. The minorit}' report to Section 16, by Messrs. Ne- Smith, Fitts and Duke, was read as follov. :-: : Sec. 16. Except as otherwise provided in this article the Chief Justice and Associate Justices of the Supreme Court shall hold office for the term of eight years, and until their successors are elected and qualified. Circuit 'Judges, Chancellors and Jud;;es of Probate sliall hold office for a term of four years, except as otherwise pro- vided in this article, and until their successors are elected or appointed and qualified; provided, that this section shall not operate to abridge the term of any Justice of the Supreme Court, Judge, Chancellor or Judges of Pro- bate now in office; and provided further, that the Jus- tices of the Supreme Court, Judges, Chancellors and Judges of Probate elected in 1901 shall hold office for the term of six years, and until their successors are elected and qualified. The question was upon the adoption of the minority report offered by Messrs. NeSmith, Fitts and Duke. The minority report was lost. The question recurred upon the adoption of the mi- nority report offered by Messrs. Watts, Leigh, E. A. Graham, J. McLean Jones, Samford and Pillans. The minority report was lost. On motion of ^Ir. Smith of Mobile, Section 16 was adopted. SECTION SEVENTEEN. Was read at length as follows : Sec. 17. The Chief Justice and Associate Justices of the Supreme Court shall be chosen at an election held Constitutional Convention. 1117 At the time and place fixed by law for the election of members of the House of Representatives of the Con- gress of the United States, until the General Assembly shall, by law, change the time of holding such election. The term of office of the Chief Justice, Avho shall be ■elected in the year 1904, shall be as provided in the last preceding section. The successors of two of the Asso- ciate Justices elected in 1904 shall be elected in the year 1906, and the successors of the other two Associate Justices elected in 1904 shall be elected in the year 1908. The Associate Justices of said court elected in the year 1904 shall draw or cast lots among themselves to deter- mine which of them shall hold office for the terms end- ing, respectively, in the years 1906 and 1908, and until their respective successors are elected or appointed and qualified. The result of such determination shall be certified to the Governor, by such Associate Justices, or a majority of them, prior to the first day of January, 1905, and such certificate shall be entered upon the min- utes of the court. In the event of the failure of said As- sociate Justices to make and certif^^ such determination, the Governor shall designate the terms for which they shall respectively hold office, as above provided, and shall issue his proclamation accordingly. In the event of an increase or reduction by law of the number of As- sociate Justices of the Supreme Court, the General As- sembh' shall, as nearly as may be, provide for the elec- tion, each second year, of one-third of the members of said court. B}^ unanimous consent the minority reports to Sec- tion 17 were withdrawn. Mr. Samford offered the following amendment to Sec- tion 17: Amend Section 17 by striking out the second line of said section and a part of the third line to the words "Congress of the United States," and inserting the words "on the first Tuesday of May in the year in which the term of such Justices shall expire." On motion of Mr. Heflin, of Chambers, the amendment offered by Mr. Samford was laid upon tlie table. ^Ir. Pettus offered the following amendment to Sec- tion 17: 1118 Journal of Alauama Amend Section 17 by striking' out the wordy begin- nino- ''the Associate Justice" in line eight, down to and including the words "such determination" in line four- teen. On motion of Mr. deCiraft'enried the amendment of- fered by Mr. Pettus was laid upon tlie table. On motion of Mr. Smith, of Mobile, Section 17 was adopted. SECTION EIGHTEEN. Was read at length as follows and adopted: Sec. IS. AH judicial officers within their respective jurisdictions shall, by virtue of their offices, be conser- vators of the peace. SECTION NINETEEN. Was read at length as follows and adopted: Sec. 19. Vacancies in the office of any of the judges- who hold office by election, or chancellors of this State^ shall be tilled by appointment by the Governor; such appointee shall hold his otlice until the next general election held at least six months after the vacancy oc- curs, and until his successor is elected and qualified;, the successor chosen at such election shall hold office for the unexpired term and until his successor is elected and qualified. SECTION TWENTY. AVas read at length as follows and adopted : Sec. 20. Whenever any new circuit or chancery divi- sion is created the Judge or Chancellor therefor shall be elected at the ' next election for llepresenta fives to the General Assembly for a term to expire at the next general election for Judges and Chancellors; provided, that if said new circuit or chancery division is created more than six months before the next election of Kep- resentatives to the General Assembly, the Governor shall appoint some one as Judge or Chancellor, as the- case may be, to hold the office until such election. Constitutional Convention. 1119 section twenty-one. Was read at length as follows aucl adopted : Sec. 21. If in any case, civil or criminal, pending in an}^ Circuit Conrt, Chancery Court, or in any court having the jurisdiction of a Circuit or Chancery Court, or either of them, in this State, the presiding Judge or Chancellor shall, for any legal cause, be incompetent to try, hear or render judgment in such case, the parties, or their attorneys of record, if it be a civil ease, or the solicitor or prosecuting officer, and the defendant or de- fendants, if it be a criminal case, may agree upon some disinterested person, practicing in the court and learned in the law, to act as special judge or chancellor to sit as a court, and to hear, decide and render judgment in the same manner and to the same effect as a Chancellor or as a Judge of the Circuit Court, or of a court having the jurisdiction of a Circuit and Chancery Court, or either, sitting as a court might do in such case. If the case be a civil one, and the parties or their attorneys of record do not agree; or if it be a criminal one and the prosecuting officer and the defendant or defendants do not agree upon a special Judge or Chancellor, or if either party in a civil cause is not represented in court, the Eegister in Chancery or the clerk of such Circuit or other court, in which said cause is pending, shall ap- point a special Judge or Chancellor, who shall preside, try and render judgment as in this section provided. The General Assembly may prescribe other methods for supplying special Judges in such cases. SECTION TWENTY-TWO. Was read at length as follows and adopted : Sec. 22. The General Assen^bly shall have power to provide for the holding of Chancery and Circuit Courts, and for the holding of courts having the jurisdiction of Circuit and Chancery Courts, or either of them, when the Chancellors or Judges thereof fail to attend regular terms. 1120 Journal of Alabama section twenty-three. Was read at length as follows aud adopted : Sec. 23. No Judge of any court of record in this State shall practice law in any of the courts of this State or of the United States. SECTION TWENTY-FOUR. Was read at length as follows and adopted : Sec. 24. Registers in chancery shall be appointed by the Chancellors of the respective divisions, and shall have been at least twelve months before their api>oint- ment, and shall be at the time of their appointment and during their continuance in office, resident citizens of the district for which they are appointed. They shall hold office for the term for which the Chancellor making such appointment was elected or appointed. Such regis- ters shall receive as compensation for their ser- vices only such fees and commissions as may be spe- cifically prescribed hj law, which fees shall be uniform throughout the State. SECTION TWENTY-FIVE. Was read at length as follows : Sec. 25. The clerk of the Supreme Court shall be ap- pointed by the Judges thereof, and shall hold office for the term of six years, and the clerks of such inferior courts as may be established by law shall be elected in such manner as the General Assembly may provide. By unanimous consent the word "elected'' in the third line was stricken out and the word "selected" was inserted in lieu of the same. The minority report to Section 25, by Messrs. W^alker, Hood, Jones of Hale, Tayloe, Davis of DeKall), Fitts, Ashcraft, Leigh, Coleman of Walker, and Kirk was read as follows: Sec. 25. The clerk of the Supreme Court sliall be elected by the qualified electors of the State for a term of six vears. Any vacancv in the office of such clerk Constitutional Convention. 1121 sshall be filled by appointment by the Justices of the Supreme Court for the unexpired term. Said Clerk shall not, after the expiration of the term of the clerk noAV in office, receive to his use any fees, costs, perquis- ites of office or compensation other than a salary to be prescribed by law, which shall not be diminished dur- ing his official term. Mr. Sanford ottered the following substitute for the Section 25 and minority report : Substitute for Section 25 of the report and minority report of the Committee on the Judiciary : The clerk of the Supreme Court shall be appointed by the Judges thereof, and shall hold the office for the term of six years unless sooner removed by the said court; and the clerks of such inferior courts as may be established by law, shall be appointed by the judges thereof, and shall hold office during the term of the judge making such ap- pointment. On motion of Mr. Cobb the substitute offered by Mr. Sanford and the minority report were laid upon the table. Mr. Eogers, of Sumter, offered the following amend- ment to Section 25 : Amend Section 25 by adding at the end thereof the following: The clerk of the Supreme Court shall not, after the expiration of the term of the clerk now in office, receive to his use any fees, costs, perquisites of office, or com- pensation other than a salary to be prescribed by law, which shall not be diminished during his official term. Mr. Samford moved to table the amendment offered T)y Mr. Rogers of Sumter. The motion prevailed. Mr. Graham, of Talladega, raised the point of order that no quorum had voted on the motion to table, and >demanded a call of the roll of the Convention, for the ascertainment of a quorum. On a call of the roll of the Convention the following delegates answered to their names : 71 1122 Journal of Alabama Messrs. President, Altinan, Banks, Barefield, Beddow, Blackwell, Booue, Brooks, Browne, Bulger, Burns, Byars, Cardon, Carmicbael (Colbert), Carnathon, Chapman, Cobl), Coleman (Walker), Davis (Etowah), Dent, deCxralfenried, Duke, Eley, Espy, Ferguson, Fletcher, I'^ishee, (rilmore, Glover, Graham ( Montgomery ) , Grabam (Talladega), Grayson, Haley, Handloy. Heflin (Chambers), Heflin 'Randolph), Henderson, Fl'^'-iges, Hood, Tnue. Jones (Bibb), Kirk, Kyle, Macdonald, McMillan (Wilcox), Merrill, Miller (Marengo), Miller (Wilcox), Murphree, NeSmith, Norman, Gates, Gpp, Palmer, Pearce, Pettus, Phillips, Porter, Reese, Reynolds (Henry), Pogers ( Siimtcr ), Samford, Sanford, Selheimer, Sentell, Smith (Mobile), Smitb, Mac. A., Sorrell, Spragins, Stewart, Studdard, Tayloe, Vaughan, Waddell, Walker, W^^tts, Weakley, Weatherly, Wbite, Whiteside, Wilson (Clarke),— 81 Constitutional Convention. 1123 The Chair announced a qnoruni jtresent, and that the motion to table 'Sh: Kogers amendment had i>revailed, notwithstanding a quorum had not voted. On motion of ^Iv. ^mitli, of .\rohile, Section 25 was adopted. section twenty-six. AYas read at length as follows : Sec. 2G. Clerks of the Circuit Court shall be elected by the qualified electors in each county for the term of six years, and may, when appointed by the Chancellor, also fill the office of Register in Chancery. Vacancies in such office of clerk shall be filled by the Governor for the unexjDired term. By unanimous consent the minority report to Section 2(> was withdrawn. ]Mr. Gates offered the following amendment to Sec- tion 2G: Amend Section 20 by striking out of lines three and four the word "Governor" and inserting in lien thereof the words "presiding judge of the circuit." The amendment was adopted. On motion of ]Mr. Smith, of Mobile, Section 26, as amended, was adopted. AD.TOITiNMENT. Tlie hour of 7 o'clock having arrived, under the rules the Convention adjourned until 9 o'clock to-morrow morning. SIXTY-FOURTH DAY^ Convention Hall. Montgomery, Ala., Tuesday, August 6, 1901. The Convention met pursuant to adjournment. Praver was ojffered bv Ral>bi Messing of the citv. 1124 Journal of Alabama ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : Messrs. President, Ashcraft, Barefield, Beddow, Blackwell, Boone, Brooks, Browne, Bulger, Byars, C5ardon, (^armichael (Colbert), •Carmichael (Coffee), Carnathon, Chapman, Cobb, Oofer, Coleman (Walker), Craig, Cunningham, Davis (Etowah), Dent, deGraffenried, Espy, Ferguson, Pitts, Fletcher, Foster, Freeman, Gil more, Glover, Graham (Talladega), Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hood, Howell, Howze, Inge, Jackson, Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Leigh, Long (Walker), Macdonald, McMillan (Wilcox), Malone, Maxwell, Merrill, Miller (Marengo), Murphree, NeSmith, Norman, Norwood, Palmer, Constitutional Convention. 1125 Parker (Cullman), Pearce, Pettus, Smith, Mac. A. Phillips, Sorrell, Pitts, Spears, Proctor, Tayloe, Reese, Vaughan, Reynolds (Henry), Waddell, Samford, Walker, Sanders, Watts, Sanford, Weakley, Searcy, Weatherly, Selheimer, White, ^entell, Whiteside, S^oan, AVilliams (Barbour), Smith (Mobile), Williams (Marengo) — 94. LEAVE OF ABSENCE. ^ynH granted to Messrs. Bartlett and Case indefinite- ly; Moody for Monday, Tuesday and Wednesday; Davis of DeKalb Tuesday, Wednesday and Thursday; R. C. Jones, AMlcox, from 10 o'clock until the afternoon ses- sion; ]Morrisette for yesterday and to-day. PRIVILEGES OF THE FLOOR. On motion of Mr. Rogers, of Sumter, the privileges of the floor were extended to Hon, F. S. Moody, ex- Senator; Hon. Hugh Morrow, State Senator from Jef- ferson ; and to Hon. R. H. Arrington, State Senator from Coffee. report OF the committee ON the JOURNAL, The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in: The Committee on the Journal beg leave to report that they have examined the Journal for the sixty-third day of the Convention, and that the same is correct. Respectfully submitted, John F. Proctor. Chainnan. 1126 Journal of Alabama resolutions on first reading. The following resolutions were introduced, read one time and referred to appropriate committees as fol- lows : Resolution 286, by Mr. Samf ord : Resolved, That no leaves of absence be granted ex- cept on account of sickness. The resolution was referred to the Committee on Rules. Resolution 287, by Mr. Ferguson : Resolved, That the distinction between grand and j)etit larceny is narrow, technical and shadowy; and that the punishment as between the two said otfenses is shockingly unequal. The resolution was referred to the Committee on Judiciary. REPORT OF THE COMMITTEE OX SCHEDULE, PRINTING AND INCIDENTAL EXPENSES. Mr. Hellin, of Randolph, chairman of the Committee on Schedule, Printing and Incidental Expenses, called np for adoption the following report: The Committee on Schedule, Printing and Incidental Expenses have instructed me to make the following par- tial report, viz. : The committee has audited the accounts hereto at- tached, and find that the State of Alabama is indebted to the Brown Printing Co., of ^lontgomery, Ala., in the sum of i|68.75. We find that said State is indebted to William H, Carrigan, of ^Montgomery, Ala., in the sum of .|3. We find that said State is indebted to Robert Hasson, ■door keeper, in the sum of |6.25. We find that said State is indebtcnl to Ed C. Fowler Company, of ^Montgomery, Ala., in tlie sum of .f20. We find that said State is indebted to J. W. Terry of Montgomery, Ala., in tlie sum of |5 for rent of type- writer up to July 24tli. Constitutional Convention. 1127 We find that said State is indebted to Ed C. Fowler Co., of Montgomery, Ala., in the sum of |5.46. All the above amounts for printing done, for articles furnished the State of Alabama, for use of Constitu- tional Convention, and all of the above amounts are itemized as shown by the bills hereto attached. Total amount |108.3S, and we recommend the paynjent of the same. All of which is respectfully submitted. John T. Heflin. Chairnmn of Committee on Schedule, Printing and In- cidental Expenses. Mr. Heflin, of Kandolph, moved the adoption of the report, and that the President be authorized to draw his warrant on the State Treasurer for the several amounts and in favor of the several firms, and individuals set out in the above and foregoing report of the committee. The moti(m prevailed, and the President was author- ized to draw his warrant for the. payment of the said amounts, set out in the above and foregoing report. unfinished business. The Convention proceeded to the consideration of the unfinished busiiiess, which was the report of the Committee on Judiciary. section twenty-seven. AVas read at length as follows: Sec. 27. The clerk of the Supreme Court and regis- ters in Chancery may be removed from ofiice by the Jus- tices of the Supreme Court, and by the Chancellor re- spectively, for cause, to be entered at length upon the minutes of the court. On motion of Mr. Hood the minority report to Section 27 was withdrawn. On motion of Mr. Smith, of Mobile, Section 27 was adopted. SECTION twenty-eight. Was read at length as follows : Sec. 28. A Solicitor for each .Judicial Circuit, or other territorial subdivision prescribed by the General Assem- bly, shall be elected by the qualified electors of such cir- 1128 Journal of Alabama cuit or other territorial subdivision, who shall be learend in the law, and ^^hQ shall, at the time of his election and during his continuance in office, reside in the circuit or other territorial subdivision for which he is elected, and whose term of office shall be for four years; provided, that this article shall not operate to abridge the term of any soUcitor now in office; and, provided further, that the solicitors elected in the year 1904 shall hold office for six years, and until their successors are elected and qualified. The minority report to Section 28, by Messrs. Lowe of Jetferson, Duke, Hetlin of Kandolpli, Samford, Gra- ham of Montgomery, Kirk, and Ferguson, was read at length as follows : Sec. 28. A Solicitor for each Judicial Circuit or other territorial subdivision prescribed hj the Legislature shall be elected by joint ballot of the Legislature, who shall, at the time of his election, and during his con- tinuance in office, reside in the circuit or other terri- torial subdivision, for which he is elected, and whose term of office shall be for four j^ears; and who shall be paid a salary to be fixed by law, and which shall not be increased or diminished during the term for which he is elected; provided, that nothing in this article shall ope- rate to abridge the term or emoluments of any Solicitor now in office. Mr, Samford offered the following amendment to the minority report : Provided, that the Legislature may, when necessarj^,. provide for the election or appointment of county so- licitors. By unanimous consent tlie amendment offered by ]Mr. Samford was adopted,. Mr, Ferguson offered the following amendment to the minority report: To amend the minority report on Section 28 in line two, after the word ''Legislature'' hy adding the words "who shall be learned in the law, and." And to amend the same in line four by striking out the wopd "four'^ and inserting in place thereof the word "six." The amendment offered by 3[r. Ferguson wa» adopted. The minority report was thereupon adopted. Constitutional Convention. 1129 reconsideration. Mr. NeSmith moved to reconsider the vote by which the amendments to the minority report were adopted. On motion of Mr. deGraffenried the motion of Mr. NeSmith was laid upon the table. ' Mr. Spragins offered the following amendment to Section 28 : Amend Section 28, as amended, by adding after the words "County Solicitor" the following: ''Who shall be paid a salary to be fixed by law." Mr. Barefield offered the following amendment to the amendment offered by Mr. Spragins, which was ac- cepted by unanimous consent: Amend the amendment of Mr. Spragins : Provided that this section shall not apply to deputy solicitors. Mr. Ashcraft offered the following substitute for the section and the amendment offered by Mr. Spragins : A Solicitor in each county shall be elected by the qualified electors therein, every four years, whose sal- ary shall be fixed by law, according to the requirements in each county. The ofiice of Circuit Solicitor shall cease at the termination of the terms of the present in- cumbents. Mr. Heflin, of Chambers, moved to table the substi- tute and amendment. A division of the question was demanded. Mr. Spragins asked unanimous consent to withdraw his amendment. Leave was granted, and the amendment of Mr. Sprag- ins was withdrawn. The motion to table was lost : Yeas, 44 ; nays, 65. YEAS. Messrs. President. Coleman (Walker), Banks, deGraffenried, Browne, Duke, Cardon, Ferguson, Oarmichael (Colbert), Foster, Carmichael (Coffee), Glover, Carnathon, Greer (Calhoun), Cobb, Haley, 1130 Journal of Alabama Handley, Harrison, Heflin (Chambers), Hctlin (Kandolph), Howze, JackvSon, Jenkins, Kirk, Kii'kJand, Knight, Long (Butler), Long- (Walker), Maedonald, Opp, Keese, Reynolds ( Henry )> Samford, Searcy, Selheimer, Sentell, iStewart, Vanghan, Weatherly, Whiteside, Williams (Marengo), Williams (Elmore), Wilson M'larke)— 44. NAYS. Messrs. Ashcraft, Barefield, Beavers, Beddow, Black well, Boone, Brooks, Bulger, Byars, f Marengo, otfered the following, amendment to Section 29 : Amend Section 29 of the report of the Committee on Judiciary by striking out in the eighth line the words "and the inferior court herein provided for," and by in- serting after the word "ejectment" in the tenth line, the following : "And the inferior courts herein provided for COXSTITUTIOXAL CoXVENTlOxX. 1133 shall have sneh jurisdiction as may l)e conferred on thorn by law." ~Mi\ Cobb offered the followinii- sn))stitnte for the aiiieudment offered by Mr. Williams, of ]Mai-euf»o, which v\as .'ccepted By striking' out the words ''and the inferior courts herein provided for" in the eij;hth line of the original section; and by adding after the word "law" in the fif- teenth line, the following: '"Such inferior courts shall have jurisdiction of Justices of the Peace, except that in civil cases, they shall have jurisdiction where the amount involved does not exceed |250." Mr. Vaughan off'ei-^d the following siibstitute for the Section 29 and the substitute offered by Mr. Cobb : There shall be elected by the qualified electors of each precinct of the counties not exceeding two Justices of the Peace and one Constable. Such Justices shall have jurisdiction in all civil cases wherein the amount in controversy does not exceed flOO, except in cases of libel, slander, assault and battery and ejectment. In all cases tried before such Justices, the right of appeal, without prepayment of cost shall be secured by law; provided, that in incorporated cities or towns hav- ing 2,000 inhabitants or more the General Assembly may provide an inferior court of record for such city or town in lieu of all Justices of the Peace therein, and such inferior court shall have the jurisdiction of Jus- tices of the Peace. Appeals from such infei'ior court may be taken to the Circuit or City Court; provided further that the Governor may appoint one Notary Pub- lic for each election precinct and from each ward in cities of over 5,000 inhabitants without the jurisdiction of Justices of the Peace, and the term of such Notaries shall be prescribed by law. Mr. Graham, of Montgomery, moved to table the amendment of Mr. Williams, of Marengo, and the sub- stitute offered by Mr. Vaughan. A division of the question Avas demanded. The question recurred upon the adoption of the sub- stitute offered by Mr. Vaughan. The substitute was lost. 1134 Journal of Alabama The (iiiestion recurred upon the adoption of the amendment offered by Mr, Williams, of ^larengo, as amended bv the substitute offered by Mr. Cobb. The amendment of Mr. A^'illiams, of ^larengo, was lost. Mr. Keese offered the followinji" amendment to Sec- tion 29 : Insert after the word 'iiber' in tenth line, the words "and the jurisidction of such superior court shall ex- tend over and include all precincts next contii;uous thereto. The amendment of Mr. lieese was lost. Mr. Waddell offered the followinji" amendment to Sec- tion 29: Anu^nd by ad- the followinjj,' at tlu^ end of Section : Provided that Justices of the Peace shall not have tinal jurisdiction in criminal cases. On motion of Mr. Greer, of Calhoun, the amendnu'ut was laid upon the table. Mr. deOraff'enried offered the following anuMuhuent to Section 29 : Anu^nd Section 29 of the report of the Cth as follows: Sec. 30. The Attorney General shall be elected by the qualifiee trial of all cases before any judicial officer the compensation of the trial Judge or Justice shall be tlie same, whether or not the defendant be convicted or dis- charged. Gn motion of ^Ir. Smith of Mobile the auiendment of- fered by Mr. Burns was laid upon the table. Mr. Wilson, of Clarke, offered the following amend- ment, to constitute a new section, to the Article on Judiciary : Sec. — . It shall be the duty of the Legislature to provide for taking down and preserving verbatim re- ports of the evidence in criminal and civil cases. Mr. Wilson, of Clarke, offered the following amend- ment to the amendment offered by himself : Amend by adding at the end thereof "in Circuit Courts or courts of like jurisdiction." jMr. Coleman, of Greene, moved to table the amend- ment offered by Mr. Wilson, of Clarke. The motion to table was lost : Yeas, 52 ; nays, 60. 1140 Journal of Alabama YEAS. Messrs. Ashcraft, Beavers, Beddow, Bethune, Boone, Burns, Carnathon, Chapman, Cobb, Coleman (Greene), Coleman (Walkerj, Eley, Ferguson, Fletcher, Greer (Calhoun), Handley, Heflin (Randolph), Henderson, Howze, Inge, Jones (Bibb), Jones (Wilcox), Kirk, Kirkland, Lomax, Lowe (Lawrence), Macdonald, McMillan (Wilcox), Merrill, Miller (Marengo), Miller (Wilcox), Opp, O'Kear, Palmer, Parker (Cullman), Pearco, Reynolds (Henry), Samford, ISearey, Selheimer, Sentell, Smith (Mobile), Smith, Mac. A., Smith, Morgan M., Sorrell, Spragins, Stewart, Vaughan, Walker, Watts, Williams (Barbour), Williams ( Marengo ) — 52. NAYS Messrs. President, Banks, Barefield, Blackwell, Brooks, Browne, Bulger, Byars, Cardon, Carmichael (Colbert), Carmichael (Coffee), Cofer, Cornwell, Craig, Cunningham, Dent, deGraffenried, Duke, Espy, Fitts, Constitutional Convention. 1141 Foster, Freeman, Gilmore, Glover, Graham ( Montgomery ) , Graham ( Talladega ) , Grayson, Haley, Harrison, Heflin (Chambers), Hodges, Hood, Howell, Jackson, Knight, Kyle, Long (Walker), McMillan (Baldwin), Malone, Maxwell, Mulkey, ^Iiirphree, Norman, Norwood, Gates, Parker (Elmore),, Pettus, Pitts, Porter, Rogers (Sumter), Sanders, Sanford, Tayloe, Thompson, Waddell, Weakley, Weather ly. White, Whiteside, Wilson (Clarke)— 60. The question recurred upon the adoption of the amendment to the amendment offered by Mr. Wilson, of Clarke. The amendment was adopted. The question then recurred upon the adoption of the amendment offered by Mr. Wilson, of Clarke, as amended by the amendment offered by himself. The amendment was lost : Yeas, 45 ; nays, 70. YEAS. Messrs. President, Carmicliael (Coffee), Banks, Cornwell, Barefield, Craig, Blackwell, Davis (Etowah), Brooks. Dent, Browne, doGraffenried, Byars, Duke,, Cardon. Espy, €armichael (Colbert), Pitts, 1142 Journal of Alabajia Freeman, Gilmore, Glover, Oraliam (Talladega), Haley, Hood, Jackson, Kyle, Lono- (Walker), McMillan (Baldwin), Malone, Maxwell, Mulkey, INIurphree, Norman, Norw.ood, Parker (Elmore), I'ilts. Porter, Sanders, Thompson, Waddell, Weakley, Weatherly, Whiteside, Williams (Elmore), Wilson (Clarke)- — 15. NAYS. Messrs. Ashcraft, Beavers, Beddow, Bethune, Boone, Bulger, Burns, Carnathon, Chapman, Cobb, Coleman (Greene), Coleman ( AA'alker ) , Cunningham, Eley, Ferguson, Fletcher, Foster, Graham (Montgomery) Grayson, Greer (Calhomi), Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Powell, Howze, Inge, Jones (Bibb), Jones (Wilcox), Kirk, Kirkland, IvnigliL, Lomax, Lowe (Lawrence), ]iIacdonald, McMillan (Wilcox), .Merrill, Miller (Marengo), Miller (Wilcox), Gates, Onit. O'Bear, Palmer, ]*arker (Cullman), Pcnrce, Pettns, Reese, Constitutional Convention. 1143 Iveyiiolds (Henry), Sorrell, Ivogers (Sumter), Spears, Samford, Spragins, Sanford, Stewart, Scai'cy, Tayloe, Sellieimer, Vaughau, Sentell, ^Valk(M^ S'oaii, ■ Watts, «mith (Mobile), White, Smith, Mac. A. Williams (Barbour), Smith, Morgan ^1., Williams (Marengo) — 70. Mr. Whiteside offered the following amendment, to constitute a new section to the Article on Judiciary : Sec. — . After suit has been commenced on any cause of action the Legislature shall have no power to take away such cause of action, or to destroy any defense that may exist, to any suit after such suit has been com- menced. The amendment otfci-ed by Mr. ^Vhitesid(> was adopted. reconsideration. ]\Ir. Dent gave notice that on to-morrow he Avould move to reconsider the vote l)y which the following amendment was ado]7ted : Sec. — . The Legislature shall have power to abolish any court, except the Supreme Court and Probate Courts, whenever necessary, from any cause, or its jurisdiction and functions have been conferred upon some other court. Mr. Smith, of Mobile, moved that the article reported by the Committee on Judiciary he ordered engrossed for a third reading. Bv unanimous consent the motion of Mr. Smith, of Mobile, was laid upon the table, to he considered on to- morrow, after the disposition of the motion to recon- sider cer-tain sections of said article. 1144 Journal of Alabama, special order. The Conveutioji proceeded to tbe consideration of the special order, which was the resolution 194, by Mr. Mor- risette. The resolution was read as follows : Resolved by the people of Alabama, in Convention as- sembled, that the next General Assembly of Alabama shall reduce the tax on fertilizer to 10 cents per ton. Resolved further. That the General Assembly at the same time shall provide for the support of the various Agricultural Schools in this State out of the general fund of the State. Mr. Greer, of Calhoun, offered the following substi- tute for the resolution : Resolved, b}^ the people of Alabama, in Convention as- sembled, That the next Legislature of Alabama shall fix the tax on fertilizer at |1.00 per ton. Resolved further, that the Legislature at the same time shall provide for the establishment and support of an Agricultural School in each county in the State where such Agricultural School has not been established here- tofore; and that such schools be maintained and sup- ported out of the fund raised by said fertilizer tax. Mr. Pearce offered the following substitute for the resolution and the substitute offered by Mr. Greer, of Calhoun : Be it ordained by the people of Alabauui in Conven- tion assembled that after January 1, 1903, no tax on fertilizer in excess of 10 cents per ton shall be levied on the sale or manufacture of fertilizers in this State; that the proceeds arising from such tax shall be used ex- clusively for the benefit of the farmers of the State. On motion of Mr. Heflin, of Chambeis, the substitute offered by Mr. Pearce was laid upon the table. On motion of Mr. Heflin, of Chambers, the amend- ment of Mr. Greer, of Calhoun, was laid upon the table. Mr. Espy offered the following auiendment to the resolution : Amend by striking therefrom the following, words : Constitutional Convention. 1145 Resolved further, that the General Assembly, at the same time shall provide for the support of the various Agricultural Schools in this State out of the general fund of the State. Mr. Vaughan moved to table the amendment and resolution. adjournment. Pending the further consideration of resolution 194, the hour of 7 o'clock p. m. arrived, and under the rules the Convention adjourned until 9 o'clock to-morrow mornins:. SIXTY-FIFTH DAY. Convention Hall. Montgomery, Ala., Wednesday, August 7, 1901. The Convention met pursuant to adjournment. Prayer was offered by Rabbi Messing of the city. roll call. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : Messrs. President, Rvars, Ashcra.ft, Cardon, Barefield, Carmichael (Colbert), Beddow, Carmichael (Coffee), Bethune, Chapman, Blackwell, Cobb, Boone, Coleman (Greene), Brooks, Coleman (Walker), Browne, Craig, Bulger, Cunningham, 1146 Journal of Alabama Dent, deGraffenried, Eley, Espy, Ferguson, Fitts, Fosliee, Foster, Gilmore, Glover, Graham ( Montgomery ) , Graham (Talladega), Grayson, Greer (Calhoun), Haley, Handley, Harrison, Heflin (Chambers), fieflin (Randolph), Henderson, Hood, Howell, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Wilcox), lOrk, Kirkland, Knight, Kyle, Ledbetter, Locklin, Lomax, Long (Butler), Long (Walker), Lowe (Jefferson), TMacdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Murphree, NeSmith, Norman, Norwood, Gates, O'Neal ( Lauderdale) , Opp, O'Kear, Palmer, Parker (Cullman), Parker (Elmore), Pitts, Porter, lieynolds (Henry), TJogers ('Sumter), Samford, Sanders, Snnford, Searcy, Selheimer, Sentell, Sloan, Smith (Mobile), Smith, Mac, A., Smith, Morgan M. Sorrell, Stewart, Studdard, Tayloe, Vaughan, Waddell, Walker, Weakley, Weatherly, White, Whiteside, Williams (Barbour), Williams (Marengo), Williams (Elmore)— 105. Constitutional Convention. 1147 leave of absence. AVas graiited to 31essrvs. Keese for to-day; SolIi(» and Leigh iudefinitelj. report of the committee on the JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in : The Committee on the Journal beg leave to report that they have examined the Journal for the sixty-fourth day of the Convention and that the same is correct. liespectfully submitted. John *F. Proctor, Chairman. RESOLUTIONS ON FIRST READING. The following resolution was introduced, read one time at length, and referred to appropriate committee, as folio Vv'S : liesolution No. 288, by Mr. Long, of AValker : AVhereas, The delegates to this Convention appreciate the consideration of the Montgomery Street liailway Company in not making said delegates wait at the Capitol steps for a car more than fifteen or twenty min- utes in tli(^ hot sun every day when the Convention adjourns at 1 o'clock, and seldom less than fifteen min- utes at Court Square for a transfer car ; and AVhereas, the sagacious business management of the said Street Kailway ('Ompany is catering to the addi- tional passenger traffic caused by the daily sessions of ihe Conventions, with their uuxlern, noiseless, roomy, high class cars, is deserving of attention; and Whereas, It adds to the pleasure of a ride down Dex- ter avenue when the thennometer is 10-1 to have seven- teen to twenty-five delegates standing in the aisle and two or three of more tlian average weight occupying •each narrow seat; Therefore, Be it resolved, That the thanks of this Couventinn be not tendered to the Alontgomery Street Kaihoad Company for their great courtesy, considera- tion and efficieiicy in hauling delegates and visitors to the Convention in modern and elegantly fui'uished cars who have always paid full fare. 1148 Journal of Alabama The resolution was referred to the Committee ort Incidental Expenses. ORDINANCES ON FIRST READING. The following ordinances were introduced, severally read one time at length, and referred to appropriate com- mittees, as follows: Ordinance No. 443, by Mr. Williams, of Marengc) : Be it ordianed b}' the Convention, that no Solicitor shall be eligible for reelection as his successor ; provided^ this shall not apply to present incumbents, who shall at the next election be eligible to succeed themselves. The ordinance was referred to the Committee on Judiciar}'. Ordinance Xo. 444, by Mr. deGraffenried : Be it ordained by the people of Alabama, in Conven- tion assembled, That Section 28 of the article on the Judiciary heretofore adopted by this Convention be stricken therefrom, and the following inserted therein in lieu of said section : A Solicitor for each Judicial Circuit, or other terri- torial subdivision prescribed by the General Assembly, shall be selected, in the manner to be provided by law for such circuit, or other territorial subdivision, who shall be learned in the law, and who shall, at the time of his selection and during his continuance in office re- side in the circuit or other territorial subdivision for which he is selected and whose term of office shall be for four years; provided, that this article shall not ope- rate to abridge the term of any Solicitor now in office. The ordinance was referred to the Committee on Judiciary. RECONSIDERATION. Mr. Dent moved to reconsider the vote by wliich tlie section, offered by Mr. Gates to the Committee on Judi- ciary, was adopted on yesterday. The motion prevailed, and the section was reconsid- ered. Mr. Dent offered the following amendment to the sec- tion offered by Mr. Gates, which was adopted : Constitutional Convention, 1149 Amend section — adopted yesterday, giving the Leg- islature the power to abolish certain courts by striking from said section the following words : "Necessary from any cause or." On motion of Mr. Dent the section, as amended, was -adopted. reconsideration. Mr. deGraffenried moved to reconsider the vote by whicli Section 28 was adopted. On motion of Mr. Graham, of Tailadega, the motion of Mr. deGraffenried was laid upon the table : Yeas, 63; nays, 59. . Messrs. Ashcraft, Banks, Heavers, Beddow, Bethune, Blackwell, Boone, Bulger, Byars, •Chapman, ('ofer, Corn well, Craig, Davis (Etowah), Dent, Espy, Fitts, Fletcher, Foshee, Freeman, Gil more, Graham (Talladega), Grayson, Henderson, YEAS. Hood, Howell, Jones (Bibb), Kyle, Ledbetter, Lf)\ve (Lawrence), McMillan (Wilcox), Malone, Maxwell, Merrill, ]Miller (Marengo). Miller (Wilcox), ' Mulkey, Murphree, NeSmith, Gates, Palmer, Parker (Elmore), Pectus, Phillips, Pitts. Porter, Reynolds (Chilton), Rogers (Sumter), 1150 Journal of Ai.ai-.ama Sloan, Smith (Mobile), Siiiiiii, ALac. A., Suiitli, Morgan M, Sorrell, Spears, Spragins, Studdard, Tavloe, Waddell, ^^'alker, Watts, ^^'eakleY, Wliite— ()3. NAYS. Messrs. President, Karefield, liiowiie, Burnett, Cardon, Carmicliael (Colbert), Carmichael ( Coffee ) , Carnathon, Cobb, Coleman (Greene), Coleman ( Walker) , ('unningham, de(Traffenried, Duke, Eley, Ejster, Ferguson, l'^)stcr, Glover, Graham (Alontgomery), Grant, (rreer (Calhoun), Haley, Handley, Harrison, Hefliu (Chambers), Heflin (Randolph). '^oAvze, Tnge, Jackson, Jenkins, Jones (Wilcox), Kirk, Kirkland, Knight, Lomax, Long (Butler), Long (Walker), Lov e (Jefferson), AFacdonald, :Mc:\ri]hin r Baldwin}, Xor\\()od, Op]!, O'Bear, Parker (Cullman), Pearce. Reynolds ( Henry )y Sam ford, Sanford, Sc;^r.-y, Scllioiuier, Sentell, Stewart, Wentherly, Whiteside, ^"^'''lisims ( Barbour K Williams (Marengo),. "^Villijniis (Elmorel. Wilscii MMarkci— 5!). Constitutional Convention. 1151 PAIRS announced. The following pairs were announced : Messrs. Brooks and IJeese, Bartlett and Burns, Thomp- son and Wilson of Washiniiton, Hodges and Vaughan. Messrs. Brooks, Bartlett, Thompson and Hodges would vote aye, and Messrs. lieese, Burns, Wilson of >^'ashiug- ton, and Yaughan would vote nav. Mr. Oates offered the following aniendnient, to eon- stitute a new section to the Ai'ticle on Judiciary : Sec. — . It shall be the duty of the Legislature to provide by law for the ai)pointment and conipensattion of a competent number of stenograidrers as court report- ers of evidence and i)roceediugs and to prescribe the duties to be performed b}- them. On motion of Mr. Bamford the amendment otfered by Mr. Oates was laid ujxtn the table. On motion of Mr. Smith, of Mobile, the words "(len- eral Assembly" were stricken out wherever they occur in the rejxfrt of the Committee on Judiciary, and the word ''Legislature" was inserted in lieu of the same. The Article on Judiciary Avas, on motion of Mr. Smith, of Mobile, ordered to a third reading for adoption. reconsideration. Mr. deGraffenried moved to reconsider the vote by which the Article on Judiciary was ordered to a third reading, which motion goes over until to-morrow. unfinished business. The Convention proceeded to tlie consideration of thr untinished Itusiness, which was Besolution 194. The question recurred upon the motion f>f ^Ir. Yaughan to table the resolution and the amendment of- fered by Mr. Espy. A division of the question was demanded. 1152 Journal of Alabama The amendment offered by Mr. Espy was laid upon the table : Yeas, 76 ; nays, 42. YEAS. Messrs. President, Kirk, Ashcraft, Kyle, Banks, Led better. Barefield, Lomax, Beddow, Long (Walker), Bethune, Lowe (Lawrence), Blackwell, Malone, Boone, Merrill, Brooks, Miller (Marengo), Browne, .Miller (Wilcox), Burnett, Norman, Byars, Norwood, Carnathon, Opp, Cobb, O'Rear, Coleman (Greene), Palmer, "Coleman (Walker). Parker (Cullman), Cornwell, Parker (Elmore), Craig, Pettus, Davis (Etowah), Phillips, deGraffenried, Pitts, TEley, Samford, Eyster, Sanders, Fletcher, San ford, Foshee, Searcy, Freeman, Sellieinier, •Graham (Talladega), Smith (Mobile), Grayson, Spears, Haley, Stewart, Handley, Tayloe, Harrison, Vauc:han, Hinson, Waddell, Hood, Walker, Howell, Watts, Howze, Weakley, Injre. Weatherly, Jenkins, Wi 1 1 i a m s ( Ma rengo ) , Jones (Bibb), Williams (Elmore), -Jones (Wilcox), Wilson (Clarke)— 76 Constitutional Convention. 1153 NAYS. Messrs. Beavers, Bulger, Burns, Cardon, Carmicliael ( Colbert ) , Carmicliael (Coffee), Chapman, Cunningham, Dent, Duke, Espy, Fitts, Foster, Glover, Graham ( Montgomery ) , Grant, Greer (Calhoun), Heflln (Chambers), Ileflin (Randolph), Henderson, Jackson, Kirkland, Macdonald, McMillan (Wilcox), i\ [ax well, ]Mulkey, Murphree, N'eSmith, Gates, Pearce, Reynolds (Chilton), Reynolds (Henry), Sentell, Smith, Mac. A., Smith, Morgan M., Sorrell, Spragins, Studdard, Thompson, White, Whiteside, Williams (Barbour)— 42. The question recurred upon the adoption of the ori- ginal resolution. The resolution was, on motion of Mr. Vaughan, laid upon the table. ORDINANCE ON THIRD READING. Mr. Carmichael, of Colbert, asked unanimous consent to call up Ordinance 409, introduced by himself, for adoption, which was read at length as follows : An ordinance to provide for the filing and arranging of the papers and documents, pertaining to the Consti- tutional Convention, by the Secretary of the Conven- tion ; also to provide for the deliveiT- by the Secretary of a correct copy of the Journal of the Convention to the public printer with a proper index thereto ; also to provide for the superintendence of the printing of said 73 1164 Journal of Alabama Journal b}' the Secretaiy ; also to make appropriations for the compensation of said Secretary for his services. Be it ordained by the people of Alabama in Conven- tion assembled, that the Secretary of this Convention, shall within forty days after its adjournment lih% label and arrange the Journal of said Convention and all papers and documents pertaining to said Convention, in the office of the Secretary of State. He shall also copy and deliver to the public printer the Journal of said Convention with a proper index thereto within said forty days. He shall also superintend the printing, and read and correct tlie proof of said Journal. Be it further resolved, that for the services herein re- quired of said Secretary he shall receive the sum of |500 and upon the production by the said Secretary of the re- ceipt of the Secretary of State for such papers, Journal and documents so required to be filed and labeled to- gether with the receipt of the public printer for a cop}^ of the Journal of the Convention, the State Auditor shall draw his warrant uimn the State Treasury for said amount herein provided, and the said warrant shall be paid by the State Treasurer. Be it further resolved. That there is hereby appropri- ated out of any money in the State Treasury not other- wise ap})ropriated the sum of f 500 for the compensation of the said Secretary for the said services herein re- quired of him. The ordinance, 409, was thereupon adopted. Yeas,. 103; nays, 0. YEAS. Messrs. President, Brooks, Ashcraft, . Browne, Barefield, Bulger, Beavers, Burns, Beddow, Byars, Bethune, Cardon, Blackwell, Carmichael (Colbert) ^ Boone Carmichael ( Coffee )y Constitutional Convention. 1155 Chapman, Cobb, Cofer, Coleman (Greene), Coleman (Walker), Cornwell, Craig, Davis (Etowah), Dent, deGraffenried, Duke, Eley, Eyster, Esp3^, Fletcher, Foshee, Foster, Freeman, Graham ( Montgomery ) , Graham (Talladega), Grayson, Greer (Calhoun), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hinson, Hood, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Wilcox), Kirkland, Knight, Kyle, Ledbetter, Lomux, Long (Walker), Lowe (Lawrence), Macdonald, McMillan (Wilcox), Malone, Maxwell, Merrill, ^Miller ( Marengo )y Miller (Wilcox), Mulkey, Murphree, NeSmith, Norwood, Gates, Opp, O'Eear, Parker ( Cullman ) ,, Parker (Elmore), Pettus, Phillips, Pitts, Porter, Reynolds (Chilton), Reynolds (Henry), Rogers (Sumter), San ford, Searcy, Selheimer, Sentell, Sloan. Sorrell, Spears, Stewart, Studdard, Tayloe, 1156 Journal of Alabaaja Thompson, Whiteside, Vaughan, Williams (Barbour), Waddell, Williams (Marengo), Walker, Williams (Elmore), Weakley, Wilson (Clarke) — 103, White, Mr. Grayson called up for adoption liesolution 120, introduced by himself. The resolution was read at length as follows: Kesolved, That all resolutions authorizing the pay- ment of any money shall be adopted by a yea and nay vote. Resolution 120 was on motion of Mr. Grayson, adopted. RESOLUTION ON THIRD READING. Mr. Heflin, of Randolph, chairman of the Committee on Schedule, Printing and Incidental Expenses, asked unanimous consent to call up for adoption Resolution 188, which was reported favorably by way of a substi- tute. Consent was granted, and the resolution was read at length as follows and adopted : Yeas, 96 ; nays, 0. Resolution 188, by Mr. Carmichael, of Coffee : Be it resolved. That the Secretary of State is hereby authorized and instructed to contract for the printing and binding of 1,000 copies of the Journal of this Con- vention. Be it further resolved, That the printing and binding shall be done in the same manner and under the same law as that of the House and Senate Journals, and that the printing and binding shall be paid out of the State appropriation for printing and binding. Resolution by Mr. Carmichael, of Coffee. Substitute for Resolution No. 188: A resolution to provide for the printing, binding and distribution of the Journal of this Convention. Be it resolved by the people of Alabama in Conven- tion assembled. That the Committee on Printing, Sched- Constitutional Convention. 1157 iile and Incidental Expenses be authorized to contract for the printing, binding- and distribution of 1,000 copies ■of the Journal of this Convention. Be it further resolved, That upon the delivery of 1,000 copies of the Journal, printed and bound in accordance with the contract heretofore mentioned, to the Secre- tary of State, he shall certify to the Auditor the amount due to the publisher for the work, and the Auditor shall issue his warrant on the Treasurer in favor of the pub- lisher for the said amount due. Be it further resolved, That one copy of the Journal of this Convention be delivered to each delegate and offi- cer of the Convention, and to persons to whom under the existing law the Journals of the House and Senate are delivered. Be it further resolved, That the sum of |2,000, or so much thereof as may be necessary, be appropriated out of tlie moneys of the State otherwise unappropriated, to pay for the printing, binding and distribution of the Journal of this Convention. YEAS. Messrs. President, Banks, Barefield, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Bulger, Burns, Cardon, Carmichael (Colbert), Carmichael (Coffee), Chapman, Cobb, Coleman (Greene), Coleman (Walker), Cornwell, Craig, Cunningham, Davis, (Etowah), Dent, (lefrraffenried, Duke, Eley, Fletcher, Foster, Cilmore, Ci lover, Craham ( Montgomery ), Crrant, Grayson, Greer (Calhoun), Haley, Ilandley,, 1158 Journal of Alabama Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hinson, Howell, Howze, Jackson, Jenkins, Jones (Bibb), Jones (Wilcox), Knight, Kyle, Ledbettei , Lomax, Lowe (Lawrence), Macdonald, McMillan (Wilcox), Malone, ■Maxwell, Merrill, Mulkey, Murphree, NeSmith, T^orwood, Gates, O'Neal (Lauderdale), Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Phillips, I'itts, Peynolds (Chilton), Keynoldb (Henry), liOgers (Sumter), Sam ford, Sanders, Sanford, Searcy, Scllieimer, Sentell, Smith (Mobile), Smith, Mac. A., Sin i til, Morgan M., Stewart, Studdard, Thompson, Vauglian, Wnddell, Walker, \AVntlierly, Whiteside, Williams (Barbour), Williams ( Marengo ) — 96. SPECIAL ORDER. The Convention proceeded to the consideration of the regular order, which was the report of the Com- mittee on Municipal Corporations. On motion of Mr. Weakley, the report was ordered to be considered section bv section. Constitutional Convention. 1159 municipal corporations, section one. Was read at leiigtli as follows: Section 1. All municipal corporations shall have the right to sue and sliall be subject to be sued in all courts in like manner as natural persons. Mr. Hood otfered the following amendment to Sec- tion 1 : Amend Article on Municipal Corporations by strik- ing out Section 1. Mr. Merrill otfered the following amendment to the amendment offered by Mr. Hood : Amend Section 1 by striking out the following Avords ; ''In like manner as natural persons,'' and add in lieu thereof "as may be prescribed by law." On motion of Mr. Weatherly the section and pend- ing amendments were laid upon the table. SECTION TWO. Was read at length as follows : Sec. 2. Municipal coj'porations shall be invested Avith the privilege of taking private property for public use, but shall make just compensation for property taken, injured or destroyed hy the construction or en- largements of its works, highways, or improvements, which compensation shall be paid before such taking, injury or destruction. Tlie General Assembly is hereby prohibited from depriving any person of an appeal from any preliminaiy assessment of damages against any such municipal corporation made by viewers or other- wise; and the amount of such damages in all cases of appeal shall on demand of either party be determined l)y a jury according to law. On motion of Mr. Harrison the further considera- tion of Section 2 was postponed untii the report of the •Committee on Corporations was taTven up. 1160 Journal of Alabama section three. Was read at leugtli as follows : Sec. 3. The General Assembly shall have power to» establish, alter, enlarge or diminish the boundaries of any cit}'^, town or village in this State, but notice of such intended change shall be given by publication in some newspaper published in the village, town or city to be affected, for thirty days prior to the meeting of the General Assembly; if no newspaper is published in said city, town or village then said notice shall be given by posting copy thereof at three public places in said city, town or village, and said notice shall be spread upon the Journal of the House in which the bill pro- posing such cliange is introduced. Mr. Cobb offered the following amendment to Sec- tion 3 : To add the word ''incorporated'' before the word "city" in the second line of Section 3. On motion of Mr. Graham, of Montgomery, the amendment offered by Mr. Cobb was laid upon the table. Mr. Craig offered the following amendment to Sec- tion 3 : Amend Section 3 as follows: Strike out the words "meeting of the General Assem- bly" in line four of said section, and insert in lieu there- of the Avords "election held for the election of members of the next Legislature after such election.-' Mr. Sanford offered the following substitute for the amendment offered hj Mr. Craig: Amend said Section 3 by adding at the end of said section the words : "Provided, that the people residing in the territories to be annexed shall have an oppor- tunity to vote upon the question of annexation.'- RECESS. Pending the further consideration of the re|X)rt of the Committee on Municipal Corporations, the hour of 1 o'clock p. m. arrived, and under the rules the Con- vention recessed until 3:30 this afternoon. Constitutional Convention. 1161 AFTERNOON SESSION. The Convention met pursuant to adjournment. roll call. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : Messrs. President, Ashcraft, Banks, Barefield, Beavers, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Byars, Carmichael (Colbert), Carmichael (Coffee), Carnathon, Chapman, Cobb, Cofer, Coleman (Greene), Coleman (Walker), Craig, Cunningham, Dent, deGraffenried, Duke, Eley, Eyster, Espy, Ferguson, Foshec, Foster, Freeman, Gilmore, (i lover, Graham (Talladega), Grayson, Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Hendeii^ou, Hinson, Hood, Howell, Howze, Inge, Jackson, Jenkins, Jones (Wilcox),. Kirk, Knight, Kyle, Ledbetter, Lorn ax. Long (Walker), Mnrdonald, >ro:\rillan (Wilcox),. Merrill, Miller (Marengo). ^Filler (Wilcox), ^fulkey, ^Furphree, Norman, 1162 JouHNAL OF Alabama O'Neal (Lauderdale), Sloan, Opp, Smith, Mac. A., O'Rear, Smith, Morgan 31.. Palmer, Sollie, Parker (Elmore), Sorrell, Pearce, Spears, Pitts, Spra<4ins, Porter, Stewart, Reynolds (Chilton), Stnddard, Ke3^nolds (Henry), Tayloe, Rogers (Sumter), Thompson, Samford, Waddell, Sanders, Walker, Sanford, Weakley, Searcy, Weatherly, Selheimer, Williams (Barbour), Sentell, Williams (Marengo)— 100. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, wliich was the report of the Committee on ]Municipal Corporations. The question recurred upon the adoption of the sub- stitute offered by Mr. Sanford to the amendment offered by Mr. Craig. On motion of Mr. Weakley the substitute offered by Mr. Sanford was laid upon the table. The amendment offered by Mr. Craig was adopted. On motion of Mr. Hood Section 3, as amended, was laid upon the table. SECTION FOUR. Was read at length as follows : Sec. 4. No city, town or village shall be authorized or permitted to grant any franchise or privilege or make any contract in reference thereto for a term exceeding twenty years, nor shall any city, town or village grant any right of way over or right to use any street or public way or part thereof except to the person Constitutional Coxvkntiox. 1163 or corporation offering the highest sum therefor or the highest percentage of gross annual receipts, to be de- rived from the business so using the right of way or street or public place. No such privilege shall be granted until the applicant therefor shall have given notice by publication for thirty days in some newspaper published in the city, town or village, of his intention to ask for such franchise, and the date ujwn which such application shall be made and the person, firm, asso- ciation or corporation to whom such franchise is granted shall be liable for any damage inflicted upon the prop- erty of abutting 2>i'<>perties. ]Mr. Brooks offered the following amendment to Sec- tion 4, which was adopted by unanimous consent : Amend Section 4 by inserting after the word "village'' in the eighth line, the following : Or if there be no newsj^aper published therein, then by notices posted in three separate public places, in such city, town or village. Mr. Smith, of Mobile, offered the following amend- ment to Section 4 : Amend Section 4 of report of Committee on Muni- cipal Corporations by striking out the word "twenty" in the second line, and inserting the word "fifty" in lieu thereof. On motion of Mr. Dent Section 4, together with the pending amendment were laid upon the table. SECTION FIVE. Was read at lengtli as follows : Sec, 5. No street railway, gas, water, steam or hot is'ater heating, telephone, telegraph, electric light or power company within a city, town or village, shall be permitted or authorized to construct its tracks or mains or erect its poles, posts or other apparatus or string its wires upon the same, along, over, under or across the streets, avenues, alleys or public grounds of such city, town or village, without the consent of the proper muni- ■cipal authorities of such citA^, town or village being first liad and obtained. 1164 Journal of Alabama Mr. Weakley, chairman of the Committee on Muni- cipal Corporations, submitted the following substitute for Section 5, which was, by unanimous consent, ac- cepted for Section 5 : Amend by striking out Section 5 and inserting in lieu thereof the following: Sec. 5. No person, firm, association or corporation,^ shall be authorized or permitted to use the streets, ave- nues or alleys or public places of any city, town or vil- lage for the construction or operation of any public utility or private enterprise, without the consent of the proper authorities of such city, town or village being first had and obtained. Mr .Coleman, of Greene, moved to table Section 5 as amended. The motion to table was lost. On motion of Mr. Boone Section 5, as amended, was adopted. SECTION SIX. Was read at length as follows and adopted : Sec. 6. The General Assembly shall not enact any law which will permit a person, firm, corporation or as- sociation of any character to pay a privilege license or other tax to the State of Alabama, and relieve him or it from the payment of all other privilege and license' taxes in the State. RECONSIDERATION. Mr. Foster gave notice that on to-morrow he would' move to reconsider the vote by which Section 6 was- adopted. SECTION SEVEN.. Was read at length as follows : Sec. 7. No count}^, city, town, village, district or other political subdivision of a county sball have author- ity or be authorized by the General Assembly, after the Constitutional Convention. 1165 ratification of this Constitution, to issue bonds, unless such issue of bonds shall have first been approved by a majorty vote by ballot of the qualified voters of such county, cit}', town, village, district, or other political subdivision of a county, voting upon such proposition. In determining the result of any election held for this purpose, no vote shall be counted as an affirmative vote which does not show on its face that such vote was cast in api^roval of such issue of bonds. This section shall not apply to. the renewal, refunding or reissue of bonds lawfully issued, nor prevent the issuance of bonds in cases where the same have been authorized by laws en- acted prior to the ratification of this Constitution, nor shall this section apply to obligations incurred or bonds to be issued to procure means to pay for street and side- walk improvement, or sanitary or storm water sewers, the cost of wliich is to be assessed against the property abutting said improvements or drained by such sanitary or storm water sewers. Mr. Brooks offered the following amendment to Sec- tion 7 : Amend Section 7 by inserting after the word "as- sessed" in the thirteenth line thereof, the following words: -"In whole or in part.'- Tlie amendment offered by Mr. Brooks was unani- mously adopted. Mr, Macdouald offered the following amendment to Section 7 : Amend Section 7 by adding thereto, viz. : No city, town or other municipality shall make any assessment for the cost of sidewalk or street paving, or for the cost of construction of any sewers against prop- erty abutting on such street or sidewalk so paved or drained by sucli sewers, in excess of the actual increased value of such property by reason of such sidewalk or street paving, or by the construction of such sewers. And the burden of proving such increased value of said property shall be on the city, town or other municipality in all proceedings brought to enforce the collection of such assessments. And such assessments shall in no 1166 Journal of Alabama ease exceed five per cent, of tlie assessed value of said property. Mr. Coleman, of Greene, offered the following amend- ment to the amendment offered by Mr. Macdonald : Move to amend the amendment by striking out so mucli of the amendment as places the burden of pave- ment upon the municipality and so much of it as limits tlie assessment to five per cent. On motion of Mr. O'Neal, of Lauderdale, the Section, 7, together with the pending amendments, wci'e referred back to the Committee on Municipal Corporations, and they were requested to make a I'eport to the Convention on to-morrow morning. SECTION EIGHT; Was read at length as follows : Sec. 8. That no city, town or village shall here- after become indebted for any purpose or in any man- ner to an amount which, including existing indebted- ness, shall exceed 7 percentum of the assessed valuation of the real and personal property within said city, town or village, subject to taxation, as shown by the last pre- ceding assessment for State and county purposes ; pro- vided, hoAvever, that in determining the limitation of the power of such city, town or village to incur indebted- ness there shall not be included the following class of indebtedness, to-wit: (a) Notes, certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes, unless the same be not paid \\ithin two years from the date of such issue, and all such notes, certificates of in- debtedness and revenue bonds shall be provided for, and made payable from the taxes levied for the year in wliich they are issued, and shall never exceed the amount of such taxes. {!)) Bonds issued for the purpose of purchasing or otherwise providing for a supply of water or for the construction or installation of sanitary sewers, or for the extension of either of the same. Constitutional Convention. 1167 (c) Obligations incurred and bonds issued to jn'ocure means to pay for street or sidewalk improvements or storm water sewers^ the cost of which is to be assessed against the property abutting or drained by such sewers. (d) Debts created for the preservation of the public health. (e) Debts existing on the 6th day of December, 1875, or anj obligation issued to renew or refund the same. Mr. Weakley, chairman of the Committee on Muni- cipal Corporations, asked unauimous consent to with- draw Section 8. Leave Avas granted, and Section 8 was witlidrawn. section nine. Was read at length as follows : Sec. 9. No city, town or village whose present in- debtedness exceeds the limitations herein im]X)sed shall be allowed to become indebted in any further amount until such indebtedi\ess shall be reduced within such limit ; provided however, that nothing herein contained shall prevent any municipality from issuing bonds in renewal or for the refunding of obligations already ex- isting. ^Ir. Kirk offered the following amendment to Section 9: Amend Sin-tion 9 by adding thereto the following: Provided the provisions of this Section sluill not ap- ply to the cities of Sheffield and Tuscumbia. The amendnumt offered by ]Mr. Kirk was adopted. Mr. Boone offered the following amendment to Sec- tion 9 : Amend Section 9 in the second line after the word "amount" by inserting between that word and the word ''until" the following, "except as otherwise pro- vided in this Constitution." The amendment offered by Mr. Boone was adopted. Mr. Weakley offered the following amendment to Section 9 : Amend by striking out the word "herein" on line 2, and by inserting after the word "imposed" on line two^ 1168 Journal of Alabama the words "bv this Convention/'' and the amendment offered hj Mr. Weakley was adopted. Mr. Fletcher offered the following amendment to See- i:ion 9: Amend Section 9 by adding thereto the following: "Or from issuing bonds already authorized by law." The amendment offered by Mr. Fletcher was adopted. On motion of Mr. Weakley Section 9, as amended, was adopted. ADJOURNMENT. On motion of Mr. Sanford the Convention adjourned until to-morrow mornino- at 9 o'clock. SIXTY-SIXTH DAY. ^Montgomery, Ala., Thursday, August 8, 1901. The Convention met pursuant to adjournment. Prayer was offered by Eev. A. L. Andrews of the city. ROLL CALL. On a call of the roll of the Convention the following •delegates answered to their names, which constituted a quorum : Messrs. President, Carmichael (Coffee), Altman, Carnathon, Ashcraft, Chapman, Barefield, Cobb, Beddow. Coleman (Greene), Blackwell, Coleman (Walker), Boone, Craig, Browne, Davis (Etowah), Burns, Dent, Byars, deGraffenried, 'Cardon, Duke, Constitutional Convention. 1169 Eley, Norwood, Eyster, Gates, Espy, O'Neal (Lauderdale), Fitts, Palmer, Fletcher, Parker (Cullman), Foshee, Parker (Elmore), Freeman, Pearce, Gilmore, Pettus, Glover, Phillips, Orahain (Montgomery), Pitts, Oraham ( Talladega ) , Porter, Grayson, Reese, Greer (Calhoun), Renfroe, Haley, Reynolds (Henry), Handley, Rogers (Sumter), Harrison, Samford, Heflin (Randolph), Sanders, Hood, Sanford, HoAvze, Searcy, Inge, Selheimer, Jackson, Smith (Mobile), Jones (Wilcox), Smith, Mac. A. Knight, Smith, Morgan M., Kyle, Spears, Ledbetter, i^-tuddard. Lomax, Vaughan, Lowe (Lawrence), Walker, Macdonald, tVatts, McMillan (Baldwin), Weakley, McMillan (Wilcox), Weatherly, M alone, White, Martin, Whiteside, Merrill, Williams (Barbour), Miller (Wilcox), Williams (Marengo) Murphree, Williams (Elmore), Norman, Winn— 94. 74 1170 Journal of Alabama leave of absence. Was granted to ^lessrs. Foster, Tavloe, Stewart, Kirk^ Reynolds of Chilton, indefinitely; Henderson for to- day; Wilson of Wasliinj'ton for to-day, Friday and Saturday, and to Mr. Fain, assistant door keeper, for Friday and Saturday. UEPOi:T OF THE COMMITTEE ON THE JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report : The Committee on the Journal beg leave to report that they liave examined the Journal for the sixty-fifth day of the Convention, and that the same is correct. Eespectfully submitted, John F. Proctor, Chairman. RESOLUTIONS ON FIRST READING. The following resolution was introduced, read one time at length, and referred to the approi)riate com- mittee as follows : Resolution 289, by Mr. Hefiin, of Chambers: Resolved, That it is the sense of this Convention that the Committee on Order, Harmony and Consistency of the Whole Constitution be and it is hereby instructed to otfer a substitute or sul»stitutes for Section 28 -)f the Judiciary article to the Convention for its adoption or rejection. The resolution was referred to the Committee on Rules. ORDINANCES ON FIRST READING. The following ordinances were introduced, severally read one time at length, and referred to appropriate com- mittees, as follows: (^rdinanc(^ 445, by ^Ir. deCraffenried : Be it ordained by the people of Ala))ama in Conven- tion assembled, that Section 28 of the Article on Judi- Constitutional Conventio-n. 1171 iciary heretofore a(loi)te(l by this Conveution be re- pealed, and tlie followiiij; section snbstitiited in its stead : Sec. 28. A Solicitor for each Jndicial Circuit or Judi- cial subdiA'ision of the State shall be selected in the manner to be prescribed by law, who i- his continuance in office, reside in tl»e cir- cuit or other territorial subdivision for which he is se- I'^cted, and whose term of office shall be for f(nir years, and he shall receive no other compensation than a sal- ai-y, to be prescribed by law, which shall not l)e in- creased durinjj;- the time for which he was selected; jjro- '•■•iled that this article shall not operate to abridge the term of any Solicitor now in office; and provided fur- ther, that the Solicitor selected in the year 1904 shall hold office for a term of six years, and until their suc- cessors are elected and (pialified. The ordinance was referred to the Committee on Judiciary. STENOGUAI'HIC REPORT. Messrs. Craig and Sanders called tli<' attention of the Convention to certain errors in the stenograjniic repoi-t of the proceedings of yesterday. The repoi-t was ordered corrected. RECONSIDERATION. ]\rr. deGraffenried moved to reconsider the vote 1»,y which the Article on Judiciary was ordered engrossed for third reading, and asked unanimous consent that the motion to reconsider be postponed until the I'eport of the Committee on Municipal Corporations was fin- ished. The motion to postpone consideration of the Article on Judiciary was lost : Yeas, 49 ; nays, 49. 1172 Journal of Alabama YEAS. Messrs. President, Barefield, Browne, Cardon, Carmichael ( Colbert) , Carmiehael (Coffee), Carnathon, Cobb, Coleman (Greene), Coleman (Walker), deGraffenried, Eley, Eyster, Ferguson, Glover, Grayson, Greer (Calhoun), Haley, Handley, Harrison, Heflin (Kandolph), Inge, Jackson, Jones (Wilcox), Kirkland, Messrs. Ashcraft, Banks, Beddow, Bethune, Blackwell, Boone, Brooks, Bulger, Byars, Cofer, Craig, Davis, (Etowah), Knight, Loniax, Lowe (Jefferson), Macdonald, Martin, Norwood, O'Neal (Lauderdale), O'Neill, (Jefferson), Opp, O'Rear, Parker (Cullman), Pearce, Reese, Reynolds (Henry), Rogers ( Lowndes ) , Samford, Sanford, Selheimer, Smith, Morgan M., Williams (Barbour), Williams ( Marengo) , Williams (Elmore), Wilson (Clarke), Winn— 49. NAYS. Dent, Espy, Fletcher, Foshee, Gilmore, Graham (Talladega), Hood, Howze, Jones (Hale), Kyle, Lowe (Lawrence), McMillan (Baldwin), Constitutional Convention. 1173 McMillan (Wilcox), Malone, Merrill, Miller (Marengo). Miller (Wilcox), Mulkey, Murpliree, Norman, Gates, Palmer, Pettus, Phillips, Pitts, Porter, Rogers (Sumter), Sanders, Sloan, Smith (Mobile), Smith, Mac. A., Sorrell, Spragins,, Walker, Watts, White, Whiteside— 49. ANNOUNCEMENT OF PAIRS. The follo^Ying pairs were announced : Messrs. Bartlett and Burns, Proctor and Chapman, Duke and Freeman, Grant and Parker of Elmore, Searcy and IMaxwell, Kirk and Spears, Long of Walker and Studdard, Stewart and Tayloe, Vaughan and Hodges, Foster and W>akley, Wilson of Washington and Thomp- son. Messrs. Bartlett, Proctor, Duke, Grant, Searcv, Kirk, Long of Walker, Stewart, Vaughan, Foster and Wilson of Washington would vote aye; and Messrs. Burns, Chapman, Freeman, Parker of Elmore, Spears, Maxwell, Studdard, Tayloe, Hodges, Weakley and Thompson would vote nay. The question recurred upon the motion of Mr. deGraf- fenried to reconsider the vote by which the Article on Judiciary was ordered engrossed for a third reading and adoption. The motion of ]\rr. deGraffenried was lost : Yeas, 50 ; nays, 50. YEAS. Messrs. President, Barefield, Browne, Cardon, Carmichael (Colbert), riarmichael (Coffee),. r'nrnathon, Cobb, Coleman (Greene), Coleman ( Walker )y 1174 Journal of Alabama deGraffenried, Elev, Eyster, Ferguson, Glover, Grayson, Greer (Calhoun), Haley, Handley, Heflin (Chambers), Heflin (Randolph),' Howze, Inge, Jackson, Jones (Wilcox), TCirkland, Knight, Lomax, Ivowe (Jefferson), Macdonald, Messrs. Altman, Asheraft, Banks, Beddow, Bethune, Backwell, Boone, Brooks, Bulger, Byars, Cofer, Craig, Cunningham, Davis (Etowah), Dent, Espy, Fletcher, Foshee, Martin, Norwood^ O'Neal (Lauderdale), O'Neill (Jefferson), Opp, O'Kear, Parker (Cullman), Pearce, lif^ese, ]xeyn*-)lds (Henry), Kogers (Lowndes ) , Sam ford, Saiiford, Selheimer, Whiteside, ^^'^llialns (Barbour), Wi 1 ] i a m s ( Marengo ) . Williams (Elmore), Wilson (Clarke), Winn — 50. NAYS. Gilmore, Graham ( Talladega ) , Hood, Jones (Bibb), •Tones (Hale), Kyle, Lowe (LaAvrence), Mc:\nilan (Baldwin), .Mc:\[illan (Wilcox), A la lone, >rp?'riri, ^Filler (Marengo), >r;]i<>v nViicox 1. ^lulkey, Mnrphree, Norm an. Palmer, Pettus, Constitutional Convention. 1175 Phillips, Smith, Mac. A., Pitts, Siiiitli, ^Morgan M.^ Porter, Sorrell, Rogers (Sumter), Spragins, Sanders, AValker, Sloan, AVatts, Smitli (Mobile), \Vhit(- — 50. announcement of pairs. The following pairs Avere announced: Messrs. Burns and Bartlett, Proctor and Cliapman, Sentell and Fitts, Duke and Freeman, Harrison and Oates, Grant and Parker of Elmore, Searcy and Max- well, Kirk and Spears, Long of Walker and Studdard, Yaughan and Hodges, Foster and Weakley, Wilson of AVashington and Tlionqtson. Messrs. Burns, Proctor, Sentell, Duke, Harrison, (Trant, Searcy, Kirk, l^ong of Walker, Yaughan, I'oster, and AVilson of A\^ashington, would vote aye; and Messrs. Bartlett, Chapumn, Fitts, Freeman, Oates, Parker of Elmore, Alaxwell, Spears, Studdard, Hodges, A\'eakley and Thompson woukl YOte nay. unfinished business. The Convention proceeded to the consideration of the unfinished business, which was the rei)ort of the Committe'e on Municipal Corporations. Mr. Boone moved to take from the table Section 1 of the rei)()rt of the Committee on ^lunicipal Corporations. The motion prevailed, and Section 1 was taken from the table. Air. Boone offered the following substitute for Sec- tion 1 : Substitute for Section 1 of the Article on Municipal Corporations so that said Section 1 will read as fol- lows : Municipal corporations shall have the right to sue and sliall be subject to suit in the courts of this State. The substitute offered by Air. Boone was lost. 1176 Journal of Alabama On motion of Mr. Coleman, of Greene, Section 1 was laid upon the talkie. Mr. Weakley moved to take from the table Section 2 of the report of the Committee on Municipal Corpora- tions and refer it to the Committee on Corporations. The motion prevailed, and Section 2 was referred to the Committee on Corporations. Mr. Weakle}' moved that Section 4 of the Article on Municipal Cori>orations be taken from the table. The motion prevailed, and Section 4 was taken from the table. Mr. Weakley, chairman of the committee, offered the following substitute for Section 4: Substitute for Section 4 of the Article on Municipal Corporations, so that Section 4 will read as follows : No county, city, town, taxing district or other muni- cipal corporation shall be authorized or permitted to grant any franchise or privilege for a term of years^ unless the application for such franchise or privilege has been duly advertised, and l)ids received therefor publicly, and shall award the same to the highest and best bidder ; but it shall ha_ve the right to reject any and all bids. This section shall not apply to a trunk railway, nor to cities or towns or other municipal corporations having a population of less than 5,000. Mr. Murphree offered the following amendment to the substitute offered by Mr. Weakley : Amend substitute so as not to apjjly to towns and cities of less than 6,000 population. On motion of Mr. Dent, Section 4, together with the pending amendments, were laid upon the table. SECTION TEN. Was read at length as follows: Sec. 10. The General Assembly shall provide by gen- eral laws for the organization and classification of cities, towns and villages; the number of Guch classes shall not exceed four, and the powers of each class shall be de- fined by general laws so that all municipal corpora- tions of the same class shall possess the same powers Constitutional Convention. HIT and be subject to the same restrictions. The General xlssembly shall assign the citieS; towns and villages of the State to the class to which they re- spectively belong, and change assignments made as populations of such cities, towns and villages increase or decrease, and in the absence of other satisfactory information as to their population, the General As- sembly shall be governed by the last preceding Federal census; provided, however, that any city, town or vil- lage in Alabama may in the year 1905, and every ten years thereafter, cause a census of all its inhabitants to be taken, and the General Assembly may change the classification of such city, town or village according to the result of such census. Any city having a population of more than twenty thousand inhabitants may frame a charter for its own government, not in conflict with this Constitution, whenever the Mayor, authorized by a imtjority vote of the legislative body of such city, shall have made appli- cation to the Judge of the Circuit Court for the appoint- ment of the Board, to be composed of nine qualified electors, who shall have been for at least five years resi- dents of such city. If the Judge of the Circuit Court is a non-resident of the county in which said city is lo- cated, then such application may be made to the Judge of any State court of record of general common law jurisdiction, residing in such county, and the said appli- cation and the appointments made thereon shall be en- tered of record by the clerk of such court. Said Board shall within ninety days after such ap- pointment return to the chief magistrate of such city the draft of such charter signed by a majority of said Board within thirty days thereafter, such proposed charter shall be submitted to the qualified voters of such city at a special election to be called by the Mayor, and if a majority 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 super- sede any existing charter or amendments thereto, and all special acts of the General Assemblv relating to the corporate organization or government of such city other- 1178 Journal of Alabama than laws securing and enforcing the x>avment of the debts of such cit^^ 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 be authenticated by its corporate seal ; one of such certifi- cates shall be deposited in the office of the Secretary of JState, and the other shall be deposited among the ar- chives of such city, and all courts shall take judicial notice of such charter. Such charter so adopted may be amended at intervals of not less than four j^ears by pro- posals therefor, submitted by the legislative authority of the city to the qualified voters thereof at a general or special election, held at least thirty days after the publication of such proposals in two newspapers of said city, and ratified by a majority of the qualified voters voting thereat. In any such charter or amendments thereto any alternative article or proposition may be presented for the choice of the voters, and may be voted on separately without prejudice to the others. The following minority rejxtrt to Section 10, by ]Mr. Siinford, v.as read at length as follows: The (leneral Assembly shall have authority to incor- porate cities, towns and villages by a general law which sliall grant to all municipalities the same powers, rights and privileges and shall not discriminate between muui- <:-ipalities in the powers, rights and' privileges granted, •on account of population, situation, condition, the pur- suits of the i)e()ple, or for any reason whatever. The General Assembly shall grant to no municiiiality or f'ommunity the right to establish or amend its own char- ter, but all municipal charters shall be granted or amended by special law or formed under a general law e now in existence in which charter there is contained a prohi- bition against the sale, exchange, barter or giving away of sjiiritnons, vinous or malt liquors, intoxicating drinks, licjuors or beverages, or in Axhich tliere is any regulation of the sale or giving away of si)iritnous, vin- ous or malt lipT'C! ('SurnterK Sanders, 1194 Journal of Alabama * San ford, Vaui»ban, Searcy, Waddell, Selheimer, Walker, Sloan, Weakley, Smith (Mobile), Weatlierly, Smith, Mac. A., White, wSmith, Morgan M. Whiteside, Sorrell, \Villiams (Barbour), Spragins, Williains (Marengo), Studdard, \\'illiams (Elmore), Thompson, Wilson (Clarke) — 101. LEAVE OF ABSENCE Was granted to Messrs. Sentell for to-day and to- morrow; Cobh for Saturday; McMillan of Baldwin for Saturday, Monday, Tuesday and Wednesday; Graham of Montgomery for to-morrow; Miller of Marengo for to-morrow. REPORT OF THE COMMITTEE ON THE JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in : The Committee on the Journal beg leaye to report that they haye examined the Journal for the sixty-sixth day of the Conyention, and that the same is correct. Respectfully submitted, Massey Wilson, Actiuf/ Chairman. RESOLUTIONS ON FIRST READING. The following resolutions were introduced, read one time at length, and referred to the appropriate commit- tee as follows : Resolution 290, by ^Mr. Heflin, of Chambers : Resolyed, that rule 43 of this Conyention be rescinded and that in its stead the following rule shall be adopted : Any ordinance or resolution may be recalled from a committee by a yote of the majority of the delegates Constitutional Convention. 1195 voting' tliereoii; provided that at tlie time such vote is talceii there is a (jiiioruin present in the liall. And provided fiirtlier, tliat wlien anv matter is re- called from a committee, that matter shall immediately be passed upon by the Convention, and shall take pre- cedence of all previous orders. The resolution was referred to the Committee on Rules. Resolution 291, by Mr. Long, of Walker: AMiereas, Something less than 1,000 petitions, all of the same form, kind of paper and verbatim in words, and all written upon the same typewriter, have been receiviMl by this Convention from almost every section of Alabama protesting against the pass evil, which law, if adopted, would force through poverty a great many good people of Alabama to walk, thereby causing an epidemic of the foot or hoof evil, which is much worse, and more dangerous than the pass evil ; and AVHiereas, This unexplained mystery, unless made known, will go down in history as the eighth wonder of the word; Therefore, in the interest of an interested, honest and unsusi>ectiiig public, with the view of solving this, the great(\st of secrets. Therefore, be it resolved by the peox)le of Alabama, in Convention assembled, that a committee of five be ap- pointed by the Pri^sident of this Convention, whose duty it shall be to unravel the mystery above mentioned, if possible, and to report forthwith any knowledg(^ upon the subject obtained, to this Convention. The said committee shall also have full power to summon and examine under oath, any person or persons residing in the State of Alabama, as witnesses, with full pow(n' to examine all letters and letter heads that accompany said petitions when they are mailed from Montgomery to the different persons in the different counties of the State of Alabama asking for signatures. T]>e resobiticn was referred to the Committee on Cor])orations. 1196 JouuxAL OF Alabama ORDINANCES ON FIRST READING. The foil ()\\i lis;- ordinauces were introduced, severtilly read one time at length, and referred to appropriate com- mittees as follows: Ordinance 446, by ^Ir. Williams, of Marengo: To provide for indexing the stenographic report, and for supplying members of the Convention therewith, and to repeal Kesolntion 169, touching the same mat- ter. Ke it ordained by the people of Alabama, in Conven- tion assend)led, that Ilesolution No. 169, heretofore passed by this Convention be and the same is hereby rejjealed. Second. Be it further ordained that the Secretary of this ('onvention shall immediately on the adjourn- ment si IK' (lie of this Convention, contract with sonu^ competent and reliable person to make a complete and full index of the stenographic re- port of . the proceedings of this Convention, and that for such service he shall be autlKU'ized to spend not exceeding the sum of |150, and said index shall be completed within forty days after adjournment of this Convention, and shall by the Secretary be placed in the hands of a reliable printer, who shall make not less than 1,200 copies ther(M)f, and the contract entered into with such printer shall not exceed the sum of dol- lars for printing the same. The nuiking of the index and the printing thereof shall he done under the supervision of the Secretary, who shall mail or cause to be mailed to each member of this Convention at their proper homes not less than five co]jies to each uuMnber of said index, and the Secre- tary shall place in the stenographic re]jorts reserved for the uses (tf the State one each of said indexes. Be it further ordained. That there is herel)v appro- priated any money in the State Treasury not otherwise api)ro]>riated, the sums of money mentioned above for comi)ensation for the services to be rendered, anressrs. President, Almon, Altman, Ashcraft, Barefield, Bethune, Black well, Boone, Brooks, Browne, Bulger, Burnett, Burns, Cardon, Carmichael (Colbert), Carmichael (Coffee), ^Chapman, Cobb, Colenmn (Greene), Coleman (Walker), Cornwell, Craig, C'lnningham, Davis (Etowah), deCiraffenried, Duke, Eley, Evster, Fletcher, Gilmore, Clover, Graham ( Montgomery) , Graham (Talladega), 1198 Journal of Alabama Grayson, (ireer (Calhoun), Haley, Handley, Heflin (Randolph), Henderson, Hinson, Hood, Howze, Inj?e, Jackson, Jones (Bibb), Jones ( Wilcox), Kni,<»ht, Ledbetter, Lomax, L(»n.^■ (Walker), Lowe (Lawrence), ^[acdonald, Mc^rillan (Baldwin) McMilhin (Wilcox), ^lalone, Martin, Merrill, Miller (Marengo), :\Iiller (AVilcox), ]Miirphree, NeSniith, Norman, Norwood, O'Neal (Lauderdale), Opp, O'Kear, Palmer, Pnrker (Cullman), Parker (Elmore), l*earce, Pettus, Pills, Proctor, Reese, Reynolds (Henry), Rogers ( Lowndes ) , Rogers (Sumter), Sanders, San ford, Sellu'imer, Smith (:\[obile). Smith, Mac. A., Suiith, ^Morgan ]\L, Sorrel 1, Sprngius, Thompson, Vauiihan, Walker, ^^'eakley, Whiteside, AVilliams ( Barbour) , Williams (Marengo) Wilson (Clarke), ^Vil^l— 1)4. NAYS. ^Fessrs. Banks, r^cddow, Bvars, Cofer, Dent, Foshee, J^'ceman, Harrison, Kirk land, Kvlc, AFulkey, Ontos," Pliillips, Pt»rt(M-, Constitutional Convention. 119^ Reynolds (Chilton), Stiiddard, Sloan, \Miite— 19. Spears, ARTICLE — SUFFRAGE AND ELECTIONS. Section 1. Every male citizen of this State who ij a citizen of the United States, and (nery male resident of foreij^n birth, who, before the adoption of tliis Consti- tution, may have lej^ally declared his intentions to be- come a citizen of the United States, 21 years old or up- Avards, not laboring under any of the disabilities named in this article, and possessing the qualifications re- quired by it, shall be an elector, and shall be entitled to vote at an^' election by the people; provided, that all such foreigners who have declared their intentions to be- come citizens of the United States, shall cease to have the right to vote if they shall fail to become citizens of the United States after they are entitled to become such citizens. Sec. 2. To entitle a citizen to vote at any election by the peox)le, he shall have resided in the State at least two 3^ears, in the county one .year, and in the precinct or ward three months, immediately preceding the elec- tion at which he offers to vote, and he shall have been dulv registered as an elector, and shall have paid on or before the first day of February next preceding the date of the election at which he offers to vote, all poll taxes due from him for the year 1901, and for each subsequent year; provided, that any elector who, within three months next preceding the date of the election at which he offers to vote, has removed from one precinct or ward to another precinct or ward in the same county, incorporated town or city, shall have the right to vote in the precinct or ward from which he has so removed, if he would have been entitled to vote in such precinct or ward but for such removal. Sec. 3. All elections by the people shall be by bal- lot, and all elections by persons in a representative capacity shall be viva voce. 1200 Journal of Alabama Sec. 4. The following male citizens of this State, who are citizens of the United States, and evei\y male resi- dent of foreign birth, who, before the ratification of this Constitution, may have legally declared his intentions to become a citizen of the United States; provided that all such foreigners who have declared their intentions to become citizens of the United States shall cease to have the right to vote if they shall fail to become citizens of the United States after they are entitled to be- come such citizens twenty-one years old or up- ward, who, if their place of residence shall remain unchanged, will have, at the date of the next general election, the qualifications as to residence prescribed in Section 2 of this article, and who are not disqualified under Section 6 of this article, shall, upon application, be entitled to register as electors prior to the first day of January, 1903, namely: First — All who have honorably served in the land or naval forces of the United States in the war of 1812, or in the war with Mexico, or in any war with the Indians, or in the war l)etween the States, or in the war with Spain, or who honorably served in the land or naval forces of the Confederate States, or of the State of Alabama in the war between the States; or Second — The lawful descendants of persons who hon- orably served in the land or naval forces of the United States in the war of the American Revolution, or in the war of 1812, or in the war with Mexico, or in any war with the Indians, or in the War between the States, or in the land or naval forces of the Confederate States, or of the State of Alabama in the war between the States; or Third — All persons of good character and who under- stand the duties and obligations of citizenship under a republican form of government. Sec. 5. After the first day of January, 1903, the fol- fowing persons, and no others, who, if their place of residence shall remain unchanged, will have, at the date of the next general election, the qualifications as to residence prescribed in Section 2 of this article, shall be qualified to register as electors; provided, they shall not be disqualified under Section 6 of this article: Constitutional Convention, 1201 ITirst — Those who, unless prevented by physical dis- iibility can read and write an}^ article of the Constitu- tion of the United States in the English language, and who, being i^liysically able to work, have worked or been regularly engaged in some lawful employment, business or occupation, trade or calling, for the greater part of the twelve months next preceding the time the^^ offer to register; provided, that persons who can neither read nor write on account of physical disability shall be al- lowed to register and vote if otherwise qualified, as pro- vided in this subdivision; or Second — The owner in good faith in his own right or the husband of a woman who is the owner in goq4 faith in her own right, of forty acres of land situated in this State, upon Avhich they reside; or the owner in good faith -in his own right, or the husband of any woman Avho is the owner in good faith in her own right, of real estate situate in this State assessed for taxation at the value of |300 or more, or the owner in good faith, in his own right, or the husband of a woman who is the owner in good faith, in her own right, of personal prop- erty in this State assessed for taxation at |300 or more; provided, that the taxes due upon such real or personal property for the year next preceding the year in which he offers to register, shall have been paid, unless the as- sessment shall have been legally contested and is unde- termined. Sec. , 6. — The following persons shall be disqualified both from registering and from voting, namely : All idiots and insane persons; those who shall, by reason of conviction of crime, be disqualified from vot- ing at the time of the ratification of this Constitution; and those who shall be convicted of treason, murder, arson, embezzlement, malfeasance in office, larceny, re- ceiving stolen property, obtaining property or money under false pretenses, perjury, subornation of perjury, robbery, assault with intent to rob, burglary, forgery, bribery, assault and battery on the wife, bigamy, living in adultery, sodomy, incest, rape, miscegenation, crime against nature, or any crime punishable by imprison- ment in the penitentiary, or of any infamous crime or 76 1202 Journal of Alabama crime involving moral turpitude ; also, any person who shall be convicted as a vagrant or tramp, or of selling or offering to sell his vote or the vote of another, or buy- ing or offering to buy the vote of another in any election by the people or in any primary election or to procure the nomination or election of any person to any office^ or of suborning any witness or registrar to secure the registration of any person as an elector. Sec. 7. — No person shall be qualified to vote or parti- cipate in any primary election, part}' convention, mass- meeting, or other method of party action of any politi- cal party or faction, who shall not possess the qualifica- tions prescribed in this article for an elector, or who shall be disqualified under the provisions of this article from voting. Sec. 8. — No person, not registered and qualified as an elector under the provisions of this article shall vote at tlie g(Mie]'al election in 1902, or at any subsequent State, county t)r municipal election, general, local or special ; but the provisions of this article shall not apply to any election held prior to the general election in 1902. Sec. 9. — Any elector whose right to vote shall be challenged for any legal cause before an election officer shall be required to swear or affirm that the matter of the cliallenge is untrue before his vote shall be received^ and any one v\'ho Avilfully swears or affirms falsely there- to shall be guilty of perjury. Sec. 10. — The General Assembly shall provide by law for the registration, after the first day of January, 1903, of all qualified electors. Until the first day of Janu- ary, 1903, all electors shall be registered under and in accordance with the requirements of this Section as follows : First — Registration shall be conducted in each county by a board of three reputable and suitable persons resi- dent in the county, who shall not hold any elective of- fice during their term, to be appointed within sixty dnvs nfter the ratification of this Constitution bv the Governor, Auditor and Commissioner of Agriculture and Industries, or a majority of them, acting as a Board of Appointment. If one or more of the persons, ap- COXSTITUTIONAL CONYENTION. 1203 pointed on such Board of Kegistration shall refuse, neg- lect or be unable to qualify or serve, or a vacancy or vacancies occur in the membership of the Board of Reg- istrars from any cause, the Governor, Auditor and Com- missioner of Agriculture and Industries or a majority of them acting as a Board of Appointment, shall make other appointments to fill such Board. Each registrar shall receive |2 per day, to be paid by the fcjtatc, and disbursed by the several Probate Judges, for each en- tire day's attendance upon the sessions of the Board. Before entering upon the performance of the duties of his office, each registrar shall take the same oath re- quired of the judicial officers of the State, which oath may be administereji hy any person authorized by law to administer oaths. The oath shall be in writing and subscribed by the registrar and filed in the office of the Probate Judge of the count}'. Second — Prior to the first day of August, 1902, the Board of Registrars in each county shall visit each pre- cinct at least once and oftener if necessary to make a complete registration of all persons entitled to register, and remain there at least one day from 8 o'clock in the morning until sunset. They shall give at least twenty days' notice of the time when, and the place in the pre- cinct where they will attend to register applicants for registration, b}" bills posted at five or more public places in each election precinct, and by advertisement in a newspaper, if there be one published in the county, once a week for three successive weeks. Upon failure to give such notice, or to attend any appointment made by them in any precinct, they shall, after like notice, fill new appointments therein; but the time consumed by the board in completing such registration shall not exceed sixty working days in any county, except that in counties of more than 1,000 square miles in area such board may consume 75 working days in comi)letini> tlie registration in such county, and except that in counties in which there is any city of 8,000 inhabitants or over, the board may remain in session, in addition to the session hereinahove prescribed, for not more than three successive weeks in each of said cities ; and there- 1204 Journal of Alabama after the board may sit from time to time in each of such cities not more tlian one week in each month, and except that in the county of Jefferson the board may hold additional sessions, of not exceding five consecu- tive days duration for each session, in any town or city of 900 or more, and less than 8,000 inhabitants. No person shall be registered except at the county site, or in the precinct at which he resides. The registrars shall issue to each person registered a certificate of registra- tion. Third — The Board of Registrars shall register no per- son between the first day of August, 1902, and the Fri- day next preceding the day of election in November, 1902. On Friday and Saturday next preceding the day of election in November, 1902, they s'hall sit in the court house of each county during such days, and shall regis- ter all applicants* having the qualifications prescribed b}' Sections 2 and 4 of this article, and not disqualified under Sec. G, who shall have reached the age of twenty- one years after the first day of August, 1902, or who shall prove to the reasonable satisfaction of the board that, by reason of j)hysical disability or unavoidable absence from the county, they had not opportunity to register prior to the first day of August, 1902; and shall on such days register no other persons. AVhen there are two or more court houses in one county, the registrars may sit during such two days at either of such court houses they may select, but shall give ten days' notice by bills posted at each of the other court houses, desig- nating the court house at which they will so sit. Fourth — The Board of Registrars shall hold sessions at the court house of their respective counties during the entire third week in November, 1902, and for six working days next prior to the twentieth day of Decem- ber, 1902, during which sessions they shall register all persons applying who possess the qualifications pre- scribed in Sections 2 and 4, and who shall not be dis- qualified under Section 6 of this article. In counties Avhere there are two or more court houses, the Board of Registrars shall divide the time equally between them. The Board of Registrars shall give notice of the Constitutional Convention. 1205 time and place of siic-li sessions by posting notices at each court liouse in tlieir respective counties, and at each voting place and at three other public places in the county, and by publication once a week for two consecutive weeks in a newspaper, if one be pub- lished in the county; such notices to be published and such publications to be commenced as early as practi- cable in the first week in November, 1902; provided, that a failure on the part of the registrars to conform to the provisions of this section as to notices to be given shall not invalidate any registration made by them. Fifth — The Board of Registrars shall have power to examine, under oath or affirmation, all applicants for registration, and to take testimony touching the quali- fications of such applicants; each member of such board is authorized to administer the oath to be taken by the applicants and witnesses, which shall be in the follow- ing form, and subscribed by the person making it, and preserved by the board, namely: "I solemnly swear (or affirm) that in the matter of the application of for registration as an elector, I will speak the truth, the whole truth, and notliing but the truth, so help me Uod." Any person, who, upon such examination, makes any wilfully false statement in reference to any material matter touching the qualification of any applicant for registration shall be gnilty of perjury. Sixth — The action of the majority of the Board of Registrars shall be the action of the board. Any per- son denied registration shall have the right to appeal, without giving security for costs, within thirty days after such denial, l)y filing a petition in the Circuit Court or court of like jurisdiction held for fi^f county in which he seeks to vote, to have his qualifications as an elector determined. Upon filing the petition the clerk of the court shall give notice there- of to anv Solicitor authorized to represent the State in said county, whose duty it shall be to appear and defend acrainst the petition on behalf of the State. Upon such trial, the court shall charge the iurv onlv as to what constituted the qualifications that entitled the ap- 120G Journal of Alabama plicant to become an elector at the time he applied for registration, and the jury shall determine the weight and effect of the evidence and return a verdict. From the judgment rendered an appeal will lie to the Supreme Court in favor of the petitioner, to be taken within thirty days. Final judgment in favor of the petitioner shall entitle him to registration as of the date of his ap- plication to the registrars. Seventh — The Secretary of State shall, at the expense of the State, have prepared and furnished to the regis- trars and Probate Judges in the several counties, a suffi- cient number of registration books, and of blank forms of certificates of registration and of oaths and of the notices required to be given by the registrars. The cost of the publication in newspapers of the notices required to be given by the registrars shall be paid by the State, the bills therefor to be rendered to the Secretary of State, and approved by him. Eiglitli — Any elector who registers for another, or ^vho registers more tlian once, and any registrar who enters tlie name of anv elector on the list of registered voters, without such elector having made application in person, under oath on a form provided for that purpose, or who knowingly registers any person more than once, or who knowingly enters a name upon the registration list as the name of a voter without any -one of that name applying to register, shall be guilty of a felony. Sec. 11. — Tlie Board of Registrars in each county shall, on or before the first day of February, 1903, or as soon thereafter as is practicable, file in the Probate Court of their county, a complete list, sworn to by them, of all persons registered in their county, showing the age of such persons so registered, with tlie precinct or wai*d in which each of such ])ersons reside set o])posite the name of such persons and shall also file a like list in the office of the Secretarv of State. Tlie Judge of Probate shall, on or before the first day of March, 1903, or as «oon thereafter as is practicable, cause to be made from such list in duplicate in tlie books furnished bv the Secre- tary of State, an alphabetical list by precincts of the persons shown by the list of the registrars to have been COXSTITUTIONAL CONVENTIOX. 1207 registered in the county, and shall file one of such alpha- betical lists in the office of Secretary of State ; for which services by the Probate Judges compensation shall be provided by the General Assembly. The Judges of Pro- bate shall keep both the original list filed by the regis- trars and the alphabetical list made therefrom as rec- ords in the Probate Court of the county. Unless he shall become disqualified under the pro- visions of this article, any one who shall register prior to the first day of Januarj^ 1903, shall remain an elec- tor during life, and shall be required to register only in case of a change of residence, on production of his cer- tificate. The certificate of the registrar or of the Pro- bate Judges or of the Secretary of State shall be suffi- cient evidence to establish the fact of such life regis- tration. Such certificate shall be issued free of charge to the elector, and the General Assembly shall provide by law for the renewal of such certificates wliej^ lost, mutilated or destroyed. Sec. 12. — From and after the first day of January, 1903, any applicant for registration may be required to state under oath, to be administered by the registrar or by any person authorized hj law to administer oaths, where he lived during the five years next preceding the time at which he applies to register, and the name or names that he was knowTi by during that period, and the names of his emploj^er or employers, if any, during such period. Any applicant for registration who re- fuses to state such facts, or any of them, shall not be entitled to register, and any person so offering to regis- ter who wilfully makes a false statement in regard to such matters or any of them, shall be guilty Of perjury. Sec. 13. — In the trial of any contested election, and in proceedings to investigate any election, no person other than a defendant shall be allowed to withhold his testi- mony (tn the ground that he may criminate himself or subject himself to public infamy; but such person shall not be prosecuted for Anj offense arising out of the transaction concerning wbicb he testified, but may be prosecuted for perjury committed on such examina- tion. 1208 Journal of Alabama Sec. 14. — The General Assembly shall pass laws not inconsistent with this Constitution to regulate and gov- ern elections, and all such laws shall be uniform throughout the State; and shall provide by law for the manner of holding elections and of ascertaining the re- sult of the same, and shall provide general registration laws not inconsistent with the provisions of this article, for the registration of all qualified electors from and after the first day of January, 1903. The General As- sembly shall also make provisions by law, not incon- sistent with this article, for the regulation of primary elections, and for punishing frauds at the same, but shall not make primary elections compulsory. The Legislature shall by law provide for purging the registration list of the names of those who die, becoaie insane, convicted of crime or otherwise disqualified as electors under the provisions of this Constitution of any whose names may have been fraudulently entered on such list by the Registrars; provided, that a trial by jury may be had on the demand of any person whose name is proposed to be stricken from the list. Sec. 15. — It shall be the duty of the General Assembly to pass adequate laws giving protection against the evils arising from the use of intoxicating liquors at all elections. Sec, 16. — 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. Sec. 17. — Returns of elections for all civil officers who are to be commissioned by the Governor, except Secretary of State, Auditor, Treasurer, Commissioner of Agriculture and Industries, Attorney General and Superintendent of Education, and for the members of the General Assembly, shall be made bv the Secretary of State. Sec. 18. — The poll tax mentioned in this article shall be |1.50 upon each male inhabitant of the State, over the age of twenty-one years, and under the age of forty- five years, who would not now be exempt by law. Such poll tax shall become due and payable on the first dav Constitutional Convention. 1209 of October in each year and become delinquent on the first day of the next succeeding February, but no legal process nor any fee or commission shall be allowed for the collection thereof. The Tax Collectoc shall make returns for poll tax collections separate from other col- lections. Sec. 19. The Legislature is authorized to raise the limit of age to which payment of poll tax is required under this article from 45 years to not more than GO years. Sec. 20. Any person who shall pay the poll tax of an- other, or advance him money for that purpose in order to influence his vote, shall be guilty of bribery and pun- ished accordingly. Sec. 21. If any section or subdivision of this article shall, for any reason be or be held by any court of com- petent jurisdiction, and of final resort, to be invalid, in- operative or void, the residue of this article shall not be thereby invalidated or affected. article ordered printed. On motion of Mr. Jackson, 5,000 copies of the en- grossed article on Suff'rage and Elections were ordered printed. stenographic report. Messrs. Greer of Calhoun, Graham of Talladega, and Sanford called the attention of the Convention to cer- tain errors in the stenographic report of the proceed- ings of yesterday. The report was ordered corrected. question of personal privilege. Mr. Davis of Etowah arose to a question of personal privilege, and proceeded to state his question of per- sonal privilege. committee ox order, consistency and harmony of- 1210 Journal of Alabama THE WHOLE COXSTITUTIOX. On motion tlie Committee on Order, Consistency and Harmony o.f the Whole Constitution Ayas granted leave to sit during the session of to-day. RECONSIDERATION. Mr. Greer of Calhoun moved to reconsider the vote ■by which Section 7 of the Article on Municipal Cor- porations was adopted on yesterday. The mcttion prevailed : Yeas, 87; navs, 22. YEAS. Messrs. President, Aim on, Altman, Banks, Barefield, Bethune, Blackwell, Brooks, Bulger, Burns, Bvars, Cardon, Carmichael (Coffee), Carnathon, Chapman, Cobb, Coleman (Greene), Coleman (Walker), Davis (DeKalb), Duke, Eyster, Espy, Fergvson, Fletcher, Freeman, Gilmore, Glover, Grayson, Greer (Calhoun), Haley, Hand ley, Harrison, Heflin (Chambers), Hefliu (Randolph), Henderson, Hinson, Hood, ITowze, Inge, Jones (Bihlt), Jones (Wilcox), Kirkland, Knight, Ledbetter, Lomax, Long (Butler), Long (Walker), Lo\ye (Lawrence), Macdonald, MclMillan (Baldwin), ^rcMillan (Wilcox), Malone, Constitutional Convention. 1211 Martin, Merrill, ^Miirphree, NeSniitb, Norwood, Gates, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Phillips, Pillans, Proctor, Reese, Jieynolds (Henry), Rogers (Lowndes), Rogers (Sumter), Sanders, Searcy, Sloan, Smith, Mac. A., Smith, ^Morgan M. Vaughan, AVaddell, Walker, Watts, Weakley, AVeatlierh^, Williams (^Marengo), Williams (Elmore), ^^Inn— ST. NAYS. Messrs. Ashcraft, Beddow, Browne, Cofer, Cunningham, Dent, Eley, P"'oshee, Craham (Montgomery), Jackson, Jenkins, Kyle, Miller (Marengo), Mulkey, Pettus, Pitts, Porter, Reynolds (Chilton), Sm'ith (]\robile), Thompson, Whiteside, Wilson (Clarke)— 2i: PAIRS announced. The following pairs were announced: Messrs. Nornuiu and Craig, Williams of Barbour and dedraffenried, Miller of \vilcox and Pitts. Messrs. Norman, Williams of Barbour, and Miller of Wilcox would vote aye; and Messrs. Craig, deGraffenried and Fitts would vote nay. 1212 Journal of Alabama Mr. Coleman of Greene moved to reconsider tlie vote- by which the amendment offered b}' Mr. Craig was- adopted. The motion prevailed. Mr. Coleman of Greene offered the following substi- tute for the amendment offered by Mr. Craig : To authorize contracting of the obligations or issue of bonds mentioned in Section 7 of this article, the same shall be first submitted to a vote of the qualified electors of said county, city, town, village, district or other political subdivision of this State, and voted for by a majority thereof in numbers and value of taxable property voting at such election. Mr. liogers of Sumter moved to table the amend- ment of Mr. Craig and the substitute for the amend- ment offered by Mr. Coleman of Greene for the amend- ment of Mr. Craig. A division of the question was demanded. The amendment of Mr. Craig was laid upon the table. The question recurred upon the motion to table the substitute. The motion prevailed, and the substitute was laid upon the table. On motion of Mr. O'Xeal, of Lauderdale, Section 7 was thereupon adopted. Mr. Kogers of Sumter moved to reconsider the vote by which the new section offered by Mr. deGraffenried to the Article on Municipal Corporations was adopted on yesterday. The motion prevailed. On motion of Mr. IJogers of Sumter the new section offered by Mr. deGraffenried was laid upon the table. Mr: deGraffenried asked unanimous consent to add the following amendment to Section 11 of the Article on Munici])al Corporations : Amend Section 11, Municipal Corporations, by add- ing the following: And provided further, that this section shall not ap- ply to the town of Andalusia, whicli town may levy and collect a tax not to exceed one-half of 1 per centum, in addition to the tax of one-half of 1 per centum as here- Constitutional Convention. 1213 inbefore allowed to be levied and collected, siicb special tax to be applied exclusively to the payment of inter- ■est on the bonds of said town of Andalusia now author- ized b}' law to be issued, and for a sinking fund to pay off said bonds at the maturity thereof. Consent was granted and the amendment was adopted. On motion of Mr. IJogers of Sumter the Article on Municipal Corporations was ordered engrossed for a third reading and adoption. REPORT OF COMMITTEE ON TAXATION. Mr. Browne, chairman of the Committee on Tax- ation, called the attention of the Convention to the re- port of the Committee on Taxation, which had certain sections laid upon the table, to be considered imme- diately^ after the consideration of the report of the Committee on Municipal Corporations, On motion of Mr. Browne Section 7 of the Article XI on Taxation was laid upon the table. Mr. Browne offered the following amendment to Sec- tion 10: Provided, This section shall not apply to the cities of Sheftleld and Tuscumbia. The amendment was adopted. On motion of Mr. Browne Section 10, as amended, was adopted. SECTION ELEVEN. Mr. Browne, chairman of the Committee on Tax- tion, offered the following amendment to the Article on Taxation, said amendment to constitute a new sec- tion : Sec. 11. The Legislature may levy a tax of not more than two and one-half per centum on every |100 of the value of all estate, real, personal and mixed, money, public and private securities of every kind i)assing from any person who may die, seized and possessed thereof, being in this State, or any part of such estate, money or securities, or interest therein transferred by 1214 Journal of Alabama the intestate laws of this State, or by will, deeSinUh, O'Neal (Lauderdale), O'Neill, (Jefferson), O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pill Hips, Pillans, Pitts, Porter, Reese. Reynolds (Henry), Rogers (Lowndes), 1216 , Journal of Alaba^ia Kogers (Sumter), Vaughan, Samford, Waddell, Sanford, Walker, Searcy, Weatlierly, Smith (Mobile), Williams (Barbour), Smith, Mac. A., Winn — 95. On motion the privileges of the floor were extended to Hon. C. W. Thompson. RECONSIDERATION. Mr. Wilson of Clarke moved to reconsider the vote by which the Article on Municipal Corporations Avas ordered engrossed for a third reading and adoption, which motion under the rules goes over until to-mor- row. Mr. Wilson of Clarke moved to take from the table a. motion to reconsider Section 6, and make it and the consideration of the motion to reconsider Section 6 a special order immediately after the consideration of the motion to reconsider the vote by which the article was ordered to a third reading. Mr. Ashcraft raised the point of order that a motion to take from the table, and the motion to fix a time when a motion to take from the table might be made, are both out of order and cannot displace the regular order without a suspension of the rules, to make any motion in reference to any matter that is now pending before the Convention. . The President stated that he would rule on the point of order made by Mr. Ashcraft after conferring with some parliamentarians. The point of order was not ruled upon. QUESTION OF PERSONAL PRIVILEGE. Mr. Carmichael of Coffee arose to a question of per- sonal privilege and proceeded to state his question of jDersonal privilege, in regard to the letter accompany- Constitutional Convention. 1217 ing the petition introduced by himself this morning, and stated that he desired to withdraw the letter. Objection was made to his withdrawing said letter. Mr. Coleman of Greene moved that Mr. Carmichael of Coffee be allowed to withdraw his letter. Mr. Helliu of Chambers moved to table the motion of Mr. Coleman of Greene. The motion was lost. The question recurred upon the motion of Mr. Cole- man of Greene. The motion of Mr. Coleman of Greene prevailed. REGULAR ORDER. The Convention proceeded to the consideration of the regular order, which was the report of the Com- mittee ou Amending the Constitution and Miscellaneous Provisions. On motion of Mr. Merrill, the acting chairman, the Teport was considered section by section. SECTION one. Was read at length as follows, and adopted : Sec. 1. No person holding an office of profit under the United States, except postmasters, whose annual salaries do not exceed |200, shall, during his continu- ance in such office, hold any office of profit under this State; nor shall any person hold two offices of profit at one and the same time under this State except Justices of the Peace, Constaltles, Notaries Public and Commis- sioners of Deeds. SECTION TWO. Was read at length as follows, and adopted : Sec. 2. The salary, fees or compensation of any offi- cer holding any civil offiee of profit under this State, or any county or municipality thereof, shall not be in- creased or diminished during the term for which he :shall have been elected or appointed. 1218 Journal of Alabama section three. Was read at lengtli as follows, and adopted: Sec. 3. It is made the diit}^ of the Geiieral AssemblT to enact all laws necessary to "ive elfect to the provis- ions of this Constitution. On motion of Mr. ^lerrill, actini* chairman of the committee, the report was ordered engrossed for a third reading- and adoption. The Convention proceeded to the (•onsiderati<>n of an ordinance to jjrescrihe the mode in which the Consti- tution may be amended. SECTION ONE. AVas read at k'ugth as follows: 1. Amendments may be proposed to this Constitu- tion by the General Assembly in the manner following: The proposed amendments shall be read in the House in whicli they originate on three several days, and if upon the third reading three-fifths of all the members elected to that House shall vote in favor thereof the proposed amendments shall be sent to the other House, in which they shall likewise be read on three several days, and if upon the third reading, three-fifths of all the members elected to that House shall vote in favor of the proposed amendments, the General Assembly shall order an elec- tion by the qualified electors of the State upon such pro- posed amendments, to be held either at the general elec- tion next succeeding the session of the General Assem- bly at which the amendments are proposed or upon an- otlier day appointed by the General Assembly not less than three months after adjournment of the session of the General Assembly at which the amendments are pro- posed. Notice of such election, together with the pro- posed amendments shall 'be given by proclamation of the Governor, which shall be published in every county in such manner as the General Assembly shall direct, for at least eight weeks successively next preceding the day appointed for such election. On the day so ap- pointed an election shall be held for the vote of the Constitutional Convention. 1219 qualified electors of the State on tlie proposed aiiiend- ments. If such election be held on the day of the gen- eral election, the officers of the general election shall open a poll for the vote of the (pialified electors on the proposed amendments; if it l)e held on a day other than that of a general election, officers for snch election shall be appointed and the election shall be held in all tilings in accordance with the law governing general elections. In all elections upon such proposed amendments the votes cast thereat shall be canvassed, tabulated, and re- turns thereof made to the Secretary of State, and counted, in the same manner as is done in elections for Representatives in the General Assembly, and if it shall thereupon appear that a majority of the qualified elect- ors who voted at such election upon the proposed auiend- ments, in favor of the same, such amendments shall be valid to all intents and purposes, as parts of this Con- stitution, The result of such election shall be made known by proclamation of the Governor. ]Mr. Coleman of Gi'eeue ottered tlie foHowing amend- ment to Section 1 : ProA'ided, That rei)reseiitation in the Legislature shall be based upon population, and such basis of re])- resentation shall not l)e changed by Constitutional amendment. yiv. Cunningham moved to table the amendment of- fered by ]Mr. Coleman of Greene. Tlic motion to table was lost: Yeas, 27; nays. 82. YEAS. IMessrs. Beddow, Henderson, Rnrnett, Jackson, Ryars, Long (Walker), Cardon, I.,oue (Lawrence), Cofer, ^lurphree, Cunningham, Oates, Eyster, Parker (Cullman), Haley, Pearce, Harrison, Phillips, 1220 Journal of Alabama Porter, Sorrell, Proctor, Spears, Reynolds (Henry), Studdard, Sanders, White— 27. Sloan, « NAYS. Messrs. Almon^ Heflin (Randolph), Altman, Hinson, Banks, Hood, Barefield, Howze, Betbime, Inge, Blackwell, Jenkins, Browne, Jones (Bibb), Bulger, Jones (Hale), Burns, Jones (Wilcox), Oarmichael (Coffee), Knight, Carnathon, Ledbetter, Chapman, Lomax, Cobb, Macdouald, Coleman (Greene), McIMillan (Wilcox), Coleman (Walker), Malone, Craig, Martin, Davis (Etowah), Merrill, Dent, Miller (Marengo), deGraffenried, Miller (Wilcox), Duke, NeSmith, Eley, Norman, Espy, Norwood, Ferguson, O'Neal (Lauderdale), Fletcher, Opp, Gilmore, O'Rear, Glover, Palmer, Graham (Montgomery), Parker (Elmore), Graham (Talladega), Pettus, Grayson. Pillans, Greer (Calhoun), Pitts, Greer (Perry), Reese, Handley, Rogers (Lowndes), Heflin (Chambers), Rogers (Sumter), Constitutional Convention. 1221 Sanford, Watts, Seai'oy, Weakley, Smith (Mobile), Weatherly, Sprag-ins, Williams (Barbour), Thompson, Williams (Marengo),. Vaughan, Williams (Elmore), Waddell, Wilson (Clarke), Walker, Winn— 82. Mr. O'Neal of Lanjclerdale offered the following; amendment to Section 1 : Amend by striking out the words "three-fifths'' wherever they occur in said section, and insert the words ''two-thirds" in lieu thereof. On motion of Mr. Jenkins the amendment offered by Mr. O'Neal of Lauderdale was laid upon the table. Mr. Sanford offered the following amendment to Section 1: Amend Section 1 by striking out the words "three fifths" in the third and sixth lines of said section, and inserting in lieu thereof the words "a majority of the votes of all the members elected to each House of the Legislature." On motion of Mr. Dent the amendment was laid upon the table. On motion of Mr. Merrill Section 1, as amended, was adopted. SECTION TWO. Was read at length as follows: 2. Upon the ballots to be used at all elections pro- vided in Section 1 of this article, the substance or sub- ject matter of each proposed amendment shall be printed so that the nature thereof shall be clearly indicated, following each proposed amendment on the ballot shall be printed the words "Yes" and immediately following that shall be printed the word "No," The choice of the elector shall be indicated by a cross mark before the answer he desires. 1222 JuuiiXAL OF Alabama Mr. ^Vatts offered the following amendment to Sec- tion 2, which was adopted : Add at the end of Section 2 the followini^-: And no amendment shall be adopted unless it receives the affirmative vote of a majority of all the qualified electors who vote at such election. On motion of Mr. Merrill Section 2, as amended, "was adopted. SECTION THREE. 3. No convention shall hereafter be held for the pur- pose of altering- or amending the Constitution of this State, unless after the General Assembly, by a vote of a majority of all the members elected to each House, has passed an act or resolution calling a Convention for such purpose, the question of Convention or No Conven- tion shall first be submitted to a vote of all the qualified electors of the State, and approved by a majority of those voting at such election. No act or resolution of the Oeneral Assembh' calling a convention for the purpose of altering or amending the Constitution of this State shall be repealed except upon the vote of a majority of all the members elected to each House at the same ses- sion at which such act or resolution was passed. Was read at length. Mr. Weatherly offei'cd the following amendment to Section 3, which was adopted: Provided, Nothing herein contained shall be con- strued as restricting the jurisdiction and power of the Convention when Stiiddard, \Vliitc>side, Tayloe, Williams (Barbour), Thompson, Williams (^larengo), Waddell, Williams (Elmore), Walker, Wilson (Clarke), Watts, Wilson (Washington), White, Winn— 96. LEAVE OF ABSENCE. Was granted to Messrs. Kyle for to-day, Monday and. Tuesday; Burnett for to-day and Monday; Bulger for Monday, Tuesday and Wednesday; Locklin from 5th of August to and including to-day; M. M. Smith for Monday and Tuesday; Pitts for Monday and Tuesday. STENOGRAPHIC REPORT. Messrs. O'Neal of Lauderdale, and Browne called the attention of the Convention to certain errors in. the stenographic report of the proceedings of yesterday. The report was ordered corrected. REPORT OF THE COMMITTEE ON THE JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in : The Committee on the Journal beg leave to report that they have examined the Journal for the sixt3^-seventh day of the Convention, and that the same is correct. Respectfully submitted, John F. Proctor, Chairman. QUESTION OF PERSONAL PRIVILEGE. Mr. Pitts arose to a question of personal privilege, and proceeded to state his question of personal privi- lege. Mr. O'Neal of Lauderdale also arose to a question of personal privilege, and proceeded to state his question of privilege. 1226 JouuxAL OF Alabama RESOLUTION OX FIRST READING. The following resolution Avas introduced, read one time, and on motion of Mr. Williams of Elmore, the rules were susj^ended and the resolution was adopted : Resolution 292, by Mr. AMlliams, of Marengo: Resolved, That this Convention adjourn at 1 o'clock to-day and convene again at 12 o'clock on ^Monday next. ORDINANCES ON FIRST READING. The following ordinances were introduced, severally read one time at length, and referred to appropriate com- mittees, as follows : Ordinance 447, by Mr. Long, of Walker : Be it ordained by the people of Alabama, in Conven- tion assembled. That the Secretary of this Convention is instructed to obtain a sufficient number of the stenograhpic report with the indic(\s thereto and to have the same properly bound so that he may forward each member of this Convention one of the said copies, and he is hereby instructed to forward to each mem- ber of this Convention one of said copies as he has ob- tained the same, and for his services he shall be paid the sum of |25, for which amount the Auditor is author- ized to draw his warrant on the State Tre^isurer, and said sum is hereby appropriated out of the moneys of the State not heretofore otherwise appropriated for paying for such services. The ordinance was referred to the Committee on Kules. REGULAR ORDER. The Convention proceeded to the consideration of the regular order, which was the supplementary report 'Of the Committee on Amending the Constitution and ]Vriscellaneous Provisions. Ordinance 412, by Mr. Merrill was thereui)on read iit length as follows: An ordinance relating to the bonded indebtedness of CUN.STITUTION AL CON VENTIUN. 1227 the State. Be it ordained hy the peoph' of tlu^ State of Ahibania in Conventiou assembled, that an act of the (Jeneral Assembly of Ahibama entitled "An act to consolidate and adjnst the b(mded debt of the State of Ahibama/' approved Febrnary 18tli, 1895, and an act amendatory thereto entitled "An act to amend Section G of an act to consolidate and adjust the bonded debt of the State of Alabama," approved February 18th, 1895, which said last named act was api)roved lY'bruary KJtli, 1899, be and tlie same are hereby made vali. YEAS. Messrs. President, Almon, Altaian, Banks, Barelield, Beavers, Beddow, Bethune, Black well, Browne, Bulkier, Burns, Cardon, Chapman, Coleman (Greene); r.'ivis (DeKalb), Davis (Etowah), Dent, deGraffeuried^ Duke, Eley, Eyster, Fletcher, Gilmore, Glover, Graham (Talladega), Greer (Oalhonn), Greer (Perry), 1228 Journal of Alabama Haley, Handle}^ Heflin (Chambers), Heflin (Randolph), Hend3rson, Hinson, Hood, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Wilcox), Kirkland, Knight, Long (Walker), Macdonald, McMillan (Wilcox), Malone, Martin, Merrill, Miller (Marengo), Mulkey, Mnrphree, NeSmith, Norman, Gates, 0-Neal (Lauderdale), Opp, O'Rear, Palmer, Parker ( Cullman )» Parker ( Elmore i. Pettus, Pii;ans, Pitts, Porter, Proctor, Reynolds (Henry), Rogers (Lowndes), Rogers (Sumter), Samford, Sanders, San ford, Smith (Mobile),. Spears, Spragins, Studdard, Waddell, \Yalker, Watts, White, Whiteside, Williams (Barbour), Williams (Marengo), Williams (Elmore)— 84. NAYS. Messrs. Brooks, Byars, Cofer, Freeman, Phillips, Sloan— 6. On motion of Mr. Merrill Ordinance 412 was ordered engrossed and referred to the Committee on Order, Consistency and Harmony of the Whole Constitution. The Convention proceeded to the regular order, which was the supplementary report to the Committee' on Amending the Constitution and Miscellaneous Pro- visions. OOXSTITUTIOXAL CONVENTION. 1229 Ordinauce 390, by Mr, Sp(^ai'.s, was read at U'ligth as follows : An ordiiiauc(^ to provide for the establishment of a court house and jail at some point, to be determined by an election by the people, in tliat portion of St. Clair which lies south and southeast of Back Bone Moun- tain, and which is embraced in precincts numbered 9, 10, 11, 12, 13, 14, 15, 10, 17, 19, 20 and 21 in said county. Be it ordained by the people of Alabama in Conven- tion assembled : First— That it shall be tlie duty of tlie Probate Judge of St. Clair county to order an election to be held in precincts numbered 9, 10, 11, 12, 13, 14, 15, 10, 17, 19, 20 and 21, in St. Clair county, not later than sixty days after the ratification of the Con- stitution to be submitted by this Convention, for a vote of the qualified electors in said pre- cincts, at which a court house and a jail shall be erected and maintained. Officers for such election shall be appointed, and the election in all things in ac- cordance with the law governing general elections. Upon the ballot to be used at such election the names of all places to be voted on shall be printed, and the choice of the elector shall be indicated by a cross mark before the place of his choice. The votes cast at such election shall be canvassed, tabulated, returns thereof made, and counted, in the same manner as is done in elections for Sheriff and other county officers. At the place receiving the highest number of votes at such election there shall be erected and maintained a court house and jail for the trial of all cases and the trans- action of all legal business originating in said precincts 9, 10, 11, 12, 13, 14, 15, IG, 17, 19, 20 and 21. The venue of all actions and suits (other than such as are to be tried before Justices of the Peace) in which only residents of that portion of said St. Clair Avhich lies south and southeast of Back Bone mountain are de- fendants, shall, except as otherwise provided by law. be at the court house herein provided for; provided, however, that Asheville, in St. Clair county, shall con- 1230 JouRXAi. OF Alabama tiiiue to be the county seat until clian.ii.ed by vote of the (inalified electors residing in that part of St. Clair eonnty which lies north and northwest of said Back Bone ^lonntain. Second — The (Nuirt of County Coniniissioners of St. Clair county shall, at its first regular meeting after the election provided for in Section 1 of this ordinance, take all the necessary steps and make all necessary orders to issue and sell bonds of St. Clair county to the amount of |10,000, the proceeds to be used only for the erection and e(iuipment of such court house and jail, or to provide by other means a sufficient amount of money to erect a suitable court house and jail at the place which shall have been selected in accordance with said Section 1, and to properly ecpiip and furnish the same with record books and other necessiiry e(]uip- nieuts; provided however, that if said Court of Count}' C(mimissioners shall levy a tax for such purjiose, sucli tax shall be levied on all taxable i)roi)crty in said county, but all of such tax sliall not be levied and c(d- lected in one year. And i)rovi amendment to the ordinance 390, introdnoed by INIr. S])ears: Amend ordinance No. 39(1, as re])orted bv tlie Com- mittee on Amending the (Vmstitntion and Miscellane- ons Provisions, as folh)\vs: Amend caption by addini> thereto the following;: And also to (stablisli a conrt liouse and jail foi- Shelby connty at some pf)int on the Central of Oeorjuia railway in Shelby county, to be determined by an elec- tion by the qualified voters of that portion of Shelby county lyin^- in i)recincts numbered 8, 9, 10, 11, 13, 14, 15, IG and IS, in said county. Amend vSe<-tion 1 by adding' thereto the following: That it shall be the duty of the Judge of Probate of Shelby connty to order an election to be held in pre- cincts nund)ered 8, 9, 10, 11, 13, 14, 15, 16 and 18, in Shelby county, not later than sixty days after the rati- fication of the Constitution to be submitted by this Convention, for a vote of the (jualified electors in said precincts for the selection of a place at which a court house and jail shall be erected and maintained. Officers of said election shall be appointed and the election conducted and the resu.lt ascertainiMl in all things as provided by the la\\'S governing general elections so far as the same are applicable. T^})on the ballots to be used at said election the najnes of all places to be vnter, Burns, Byars, Cardon, Carmichael (Coffee), €ofer, Davis (Etowah), deGraffenried, Duke, Fletcher, Freeman, Gilmore, Glover, Graham (Talladega), Grayson, Greer (Calhoun), Haley, Handley, Heflin (Chambers), HeUiu (Randolph), Henderson, Hinson, Ifc.d Howze, Inge, Jackson, 78 Jones (Bibb), Jones (Wilcox), Kirkland, Knight, Ledbetter, Lomax, Long (Walker), Lowe (Lawrence), Macdonald, McMillan (Wilcox), Malone, Miller (Marengo), Mulkey, Murphree, NeSmith, Norman, O'Neal (Lauderdale), Gpp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pliillips, Pillans, Pitts, Porter, Reynolds (Henry), Rogers (Lowndes), Rogers (Sumter), Sanders, Sloan, Smith (Mobile), Spears, Studdard, Wad dell, Walker, 1234 Journal of Alabama Watts, Weatherlv. White, Whiteside, Williams (Barbour), "Williams (Marengo), Williams (Elmore), Winn— 80. NAYS. Messrs. Eley, E^^ster, Jenkins, Merrill, Oates, Pettus, Sam ford, Spragins — 8. The ordinance 390 was ordered engrossed and re- ferred to the Committee on Order, Consistency and Harmony of the Whole Constitntion. REPOUT OF THE COMMITTEE OX SCHEDl'LE. PRINTING; AND INCIDENTAL EXPENSES. yiv. Hetlin of Randolph, chairman of the Connnittee on Schedule, Printing and Incidental Expenses, sub- mitted the following report, which was read at length, laid upon the table and 300 copies ordered printed: Keport of the Committee on Schedule, Printing and Incidental Expenses. Mr. President : The Committee on Schedule, l*rinting and Incidental Expenses has instructed me to make the following par- tial report, viz. : The committee has audited the accounts hereto at- tached, and finds that the State of Alabama is cliarged by parties named in this report the amounts set o])po- site their names for articles furnislu'd said State for use of Constitutional Convention, all of said accounts are itemized as sliown by bills hereto attached. We find said State of Alabama charged by I). I'\ Cioi*- rie, of .Montgomery. Ala., |22.50. We find said State chaiged by Jose])h S. ^^'illg, of :\Iontg()mery, Ala., |44.70. We find said State charged by Tennille Furniture Co., of Montgomery, Ala., 112.00. Constitutional Convention. 1235 We tiiid Sfiid State of Alahama rliarjj;ed by IV Wolff,, of ]Moiit<;(»mei'y, Ala., |12.75. We timl said State cliai-j^ed Ity John L. Coltbs & Co., of Moiito-oiuery, Ala., |2!).'l5. AVe tiiid said State cliariied by Wollf cV: Loeb, of Moiitiioiuery, Ala., f28.5(). A\'e find said State chai-ined by Ellis & Gay, of Mont- gomery, Ala., 118.00. Yonr committee has carefully examined each account and after a careful examination of each item named in said accounts lun'e come to the conclusion that many of the charges are excessive, and we recommend that the following named parties or firms be paid the fol- lowing amounts : D. V. (Jorrie |17.50 Joseph S. Wing 28 . 50 Tennille I'^urniture Company 12.00 B. Woltt" ' 11.00 John L. Coblis ^ ('o 20.00 AVol ff ,K- Loeb 25 . 0() Ellis cV: (lay 10.00 ^[iss Mamie ( )ff u tt 8 . 00 All of which is res])ectfully submitted, John T. Hp:flin, CJuiirman. Committee on Schedule, I'rinting and Incidental Ex- penses. REGULAR ORDER. Th(^ Convention proceeded to the consideration of the regular order, which was the report of the Com- mittee on Representation. On motion of Mr. Pitts the report was ordered con- si dcn-ed section by section. SECTION ONE. Was read at length as follows, and adopted : Section 1. The whole number of Senators shall be not less than one-fourth, or more than one-third of the whole number of Representatives. 1236 Journal of Alabama section two. Was read at length as follows : Sec, 2 The House of Representatives shall consist of not more than one hundred and five members, unless new counties are created, in which event each county shall be entitled to one Kepresentative. The members of the House of Kepresentatives shall be apportioned by the General Assembly among the several counties of the State, according to the number of inhabitants in them respectively, as ascertained by the decennial census of the United States; which ai)portionment when made shall not be subject to alteration until the next session of the General Assembly after the next decennial census of the United States shall have been taken. The minority rei^ort, as heretofore adopted, was, by unanimous consent, withdrawn. Section 2 was thereupon adopted. SECTION THREE, Was read at length as follows, and adopted : Sec, 3. It shall be the duty of the General Assembly at its first session after the taking of the decennial census of the United States in the jear 1910, and after each subsequent decennial census, to fix by law the num- ber of Eepresentatives, and apportion them among the several counties of the State, according to the number of inhabitants in them respectively ; provided, that each county shall be entitled to at least one Representative. SECTION FOUR. Was read at length as follows and adopted : Sec, 4. It shall be the duty of the General Assembly at its first session after the taking of the decennial cen- sus of the United States in the year 1910, and after each subsequent decennial census, to fix by law the number of Senators, and to divide the State into as many Sena- torial districts as there are Senators, which districts shall be as nearly equal to each other in the number of Constitutional Convention. 1237 inhabitants as may be, and each shall be entitled to one Senator, and no more ; and which districts, when formed, shall not be changed until the next apportioning ses- sion of the General Assembly after the next decennial census of the United States shall have been taken ; pro- vided, that counties created after the next preceding: apportioning session of the General Assembly may be attached to Senatorial districts. No county shall be divided between two districts, and no district shall be made of two or more counties not contiguous to each other. section five. Was read at length as follows, and adopted : Sec. 5. Should the decennial census of the United States, from any cause, not be taken, or if when taken, the same, as to this State, is not fully satisfactory, the General Assembly shall have power at its first session after the time shall have elapsed for the taking of said census, to provide for an enumeration of all the inhabi- tants of this State, and once in each ten years there- after, upon which it shall be the duty of the General Assembly to make the apportionment of Representatives and Senators, as provided for in this article. section six. Was read at length as follows, and adopted : Sec. 6. Until the General Assembly shall make an apportionment of Representatives among the several counties, at its first session after the taking of the de- cennial census of the United States in the year nine- teen hundred and ten, as herein provided, the counties of Autauga, Baldwin, Bibb, Blount, Cherokee, Chilton, Choctaw, Clay, Cleburne, Coffee, Colbert, Conecuh, Coosa, Covington, Crenshaw, Cullman, Dale, DeKalb, Escambia, Fayette, Franklin, Geneva, Greene, La- mar, Lawrence, Limestone, Macon, Marion, Marshall, Monroe, Pickens, Randolph, St. Clair, Shelby, Wash- ington, and Winston shall each have one Representa- 4 1238 Journal of Alabama tive; the counties of Barbour, Bullock, Butler, Cal- houn, Chambers, Clarke, Elmore, Etowah, Hale, Henry, Jackson, Lauderdale, Lee, Lowndes, Madison, Marengo, Morgan, Perrv, Pike, Russell, Sumter, Talladega, Tala- poosa, Tuscaloosa, Walker and Wilcox shall each have two Representatives; the counties of Dallas and Mobile shall each have three Representatives; the county of Montgomery shall have four Rei^resentatives; and the county of Jefferson shall have seven Representatives. SECTION SEVEN. Was read at length as follows : Sec. 7. Until the General Assembly shall divide the State into Senatorial districts, as herein provided, the Senatorial districts shall be as follows: First district, Lauderdale and Limestone; Second district, Lawrence and Morgan; Third district, Blount, Cullman and Winston; Fourth district, Madison; Fifth district, Jackson and Marshall ; Sixth district, Etowah and St. Clair; Seventh district, Calhoun; Eighth dis- 'trict, Talladega ; Ninth district, Chambers and Ran- dolph; Tenth district, Tallaixtosa and Elmore; Eleventh -district, Tuscaloosa; Twelfth district, Fa^'ette, Lamar sind Walker; Thirteenth district, Jefferson; Fourteenth district, Pickens and Sumter; Fifteenth District, Au- tauga, Chilton and Shelby; Sixteenth district, Lowndes; Seventeenth distrct, Butler, Conecuh and Cpvington; Eighteenth district, Bibb and Perry; Nineteenth dis- trict, Choctaw, Clarke and Washington ; Twentieth dis- trict, Marengo ; Twenty-first district, Baldwin, Escam- bia and Monroe; Twenty-second district, Wilcox; Twen- ty-third district, Henry; Twenty-fourth district, Bar- bour; Twenty-fifth district. Coffee, Crenshaw and Pike; Twenty-sixth district, Bullock and ^lacon; Twenty- seventh district, Lee and Rus'sell ; Twenty-eighth dis- trict, Montgomery; Twenty-ninth district, Cherokee and DeKali); Thirtieth district, Dallas; Thirty-first district, Colbert, Franklin and ^Lirion ; Thirty-second district, Greene and Hale; Thirty-third district. Mobile; Thirty-fourth district, Cleburne, Clay and Coosa: Thir- ty-flftli district, lUile and Geneva. Constitutional Convention. 1239 Mr. Jeukiiis off'cn-ed the following amendnient to Sec- tion 7, wliicli was adopted : Anieiid Section 7, in line twelve, by striking out the word "Henry" and insei-ting in lien thereof the words "Dale and (Jeneva"; also amend line eighteen by strik- ing ont tlie words "Dale and (xeneva" in inserting in 2)la('e thereof the A\'ord ''Henry." Ob motion of Mr. Pitts, Section 7, as amended, was adoptc^d. On motion of 31r. Pitts the Article on Kepresentation was ordered engrossed for a third reading and adopt- tion. eeconsideeation. INlr. Samford moved to reconsi'der the vote by which the Article on Kepresentaticni was ordered to a third reading. ^li-. Williams of .Marengo moved to suspend the rules in order that he might move to reccnisider the vote by which tile Article on Tvepresentation was ordered to a third reading. The motion jji-evailed. ^Iv. Williams of ^larengo moved to lay the motion on tlie tabl(^ to reconsider, and the motion })revailed. UEGII.AK OEDEE. The Convention procecMled to the consideration of the regular order, which was the c(msideration of the re- l)ort of the Committee on Exemptions. On motion of Mr. Howze the report was considered >iection by section. SECTION ONE. Was read at length as follows, and adopted : Section 1. The personal property of any resident of this State to the value of |1,000, to be selected by such resident, shall be exempted from sale on execution, or other process of any court, issued for the collection of 1240 Journal of Alabama any debt contracted since the thirteenth day of July^ 1868, or after the ratification of this Constitution. SECTION TWO. Was read at length as follows : Sec. 2. Every homestead, not exceeding 80 acres, and the dwelling and appurtenances thereon, to be selected by the owner thereof, and not in any city, town or vil- lage, or in lieu thereof, at the option of the owner, any lot in a city, town or village, with the dwelling and ap- purtenances thereon owned and occupied b}- any resi- dent of this State, and not exceeding the value of |2,000, shall be exempt from sale on execution or any other pro- cess from a court, for any debt contracted since the thirteenth day of July, 1868, or after the ratification of this Constitution. SUch exemption, however^ shall not extend to any mortgage lawfully obtained, but such •mortgage, or other alienation of said homestead by the owner thereof, if a married man, shall not be valid with- out the voluntary signature and assent of the wife to the same. Mr. Watts offered the followii>^- amendment to Sec- tion 2 : Add to Section 2 of the report of the Committee on Exemptions the following: Prowled, That the Legislature shall provide for the disposition of the homestead in the event of the in- sanity of the wife or husband. On motion of Mr. Howze the amendment of Mr. Watts was laid upon the table. Mr. :Murp]iree offered the following amendment to Section 2 : Strike out SO acres and insert ''shall be 160 acres, and no more." On motion of Mr. Howze the amendment of Mr. iMur- phree was laid upon the table. Section 2 was, on motion of Mr. Howze, adopted. Constitutional Convention. 1241 section three. Was read at length as f ollowsy and adopted : Sec. 3. The homestead of a family, after the death of the owner thereof, shall be exempt from the payment of any debt contracted since the thirteenth day of July, 1868, or after the ratification of this Constitution, in all cases, during the minority of the children. SECTION FOUR. Was read at length as follows and adopted : Sec. 4. The provisions of Sections 1 and 2 of this- article shall not be so construed as to prevent a labor- ers' lien for work done and performed for the person, claiming such exemption, or a mechanic's lien for work done on the premises. SECTION FIVE. Was read at length as follows, and adopted : Sec. 5. If the owner of a homestead die, leaving a widow, but no children, such homestead shall be ex- eonpt, and the rents and profits thereof shall inure to her benefit. SECTION SIX. Was read at length as follows, and adopted : Sec. 6. The real or personal property of any female in this State, acquired before marriage, and all prop- erty, real or peft'sonal, to which she may afterwards be entitled by gift, grant, inheritance or devise, shall be and remain the separate estate and property of such female, and shall not be liable for any debts, obligations and engagements of her husband, and may be devised or bequeathed by her, the same as if she was a feme sole. 12i2 JuuuxAL OF Alabama SECTION SEVEN. Was read at length as follows: Sec. 7. The right of exemption liereinbefore 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. Mr. Mulkey moved to strike out Section 7. On motion of Mr. Howze the motion of Mr. Mulkey was laid upon the table. Mr. Sanford offered the following substitute for Sec- tion 7 : The right of exemption hereinbefore secured shall not be waived or the real estate exempted, be mort- gaged ; but the property so exempted may be sold by the husband and wife by an instrument in writing On motion of Mr. Long of AValker the substitute of Mr. Sanford was laid upon the table. On motion (»f Mi-. Howze Section 7 was adopted. On motion of .Mr. Howze the Article on Exemptions Avas ordered engrossed for a third reading and adoption. ADJOURNMENT. On motion of Mr. Coleman of Oreene the Convention adjourned, under the resolution heretofore adopted, until Mondav morning at 12 o'clock m. SIXTY-NINTH DAY. Convention Hall, Montgomery, Ala., :Monday, August 12, 1901. The Convention met pursuant to adjournment. ROLL call. On a call of the roll of the Convention, the following delegates answered to their names, which constituted a quorum : Constitutional Convention. 1243 -Messrs. President, Almon, Altman, Ash craft, Banks, Barefield, Beavers, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Burns, Bjars, 'Cardou, Carmichae] (Coffee), Chapman, Cobb, 'Cofer, Coleman (Greene), Cunningham, Davis (DeKalb), Davis (Etowah), Dent, deGraffenried, Duke, Eley, Eyster, IE spy, Ferguson, Fitts, Fletcher, Foshee, Foster, Freeman, Oil more, Glover. . I*rovi(leb), Keynolds (Henry), Jones (Hale), Samford, Jones ( Montgomery ) , Sanders, Jones (Wilcox), SSanford, Knight, Searcy, Lomax, S^oan, Long (Butler), Smith, Mac. A. Long (Walker), Spears, Lowe (Jefferson), Spragins, Lowe (Lawrence), Vaughan, Malone, Waddell, Martin, Walker, Merrill, Watts, Miller (Marengo), AVilliams (Barbour), Moody, Williams (Marengo) Miirphree, Williams (Elmore), Norman, Wilson (Clarke), Norwood, Wilson (Washington) Oates, Winn— 9L O'Neal (Lauderdale), report of committee on engrossment. Tlie cljainiian of the Committee on Engrossment sumbitted the following report: Mr. President : The Committee on Engrossment have examined and compared the following articles, to- wit : Judiciary, and 'Taxation, and find the same correctly engrossed. Kespectfully submitted, AVm. H. Samford, Chair in an. 79 1250 Journal OF Alabama ARTICLES ON THIRD READING. Mr. Samford moved that the above articles be ordered read a third time at length and adopted. The motion prevailed and the Article on Taxation was taken up, read a third time at length, as follows,, and adopted: Yeas, 85; nays, 2. ARTICLE XI. TAXATION. Section 1. All taxes levied on property in this State shall be assessed in exact proportion to the value of such propert}^, but no tax shall be assessed upon any, debt for rent or hire of real or personal property, while owned by the landlord or hirer during the current year of such rental or hire, and wlien such real or personal property is assessed at its full value; provided how- ever, the General Assembly may levy a poll tax, not to exceed |1.50 on each poll, which shall be applied ex- clusively in aid of the public school fund in the county so paying the same. Sec. 2. No i>ower to levy taxes shall be delegated to individuals or private corporations. Sec. 3. After the ratification of this Constitution, no new debt shall be created against, or incurred by this State, or its authority, except to repel invasion or sup- press insurrection, and theii only by a concurrence of two-thirds of the members of each House of the General Assembly, and the vote shall be taken by yeas and nays and entered on the Journals; and any act creating or incurring any new debt against this State, except as herein provided for, shall be ab.>ohitely void; provided, the (lovernor may be authorized to negotiate tempor- ary loans, never to exceed J)i;300,()00, to meet the defi- ciencies in the Treasury; and until tlte same is ]>aid no new loan shall be negotiated; provided further, that this section shall not be so construed as to prevent the- issuance of bonds for the purpose of refunding the State's existing indebtedness. Constitutional Convention. 1251 Sec. 4. The Greneral Assembly shall not have the power to levy in any one year a greater rate of taxation than sixty-five one-luindreilths of 1 per centum on the value of the taxable property within this State. Sec, 5. No county in this State shall be authorized to levy a larger rate of taxation in any one year on the value of the taxable property therein than one-half of one per centum; provided, that to pay debts existing at the ratification of the Constitution of 1875 an addi- tional rate of one-foui'th of one per centum may be levied and collected, which shall be exclusively appro- priated to the payment of such debts or the interest thereon; provided, further, that to pay any debt or lia- bility now existing against any county, incuiTed for the erection, construction and maintenance of the necessary public buildings or bridges, or that may hereafter be created for the erection of necessary public buildings, bridges or roads, any county may lev^' and collect such special taxes, not to exceed a rate of one- fourth of one per centum, as may have been or may hereafter be authorized by law, which taxes so levied and collected shall be applied exclusively to the purpose for which the same was so levied and collected. Sec. G. The property of private corjHjrations, asso- ciations and individuals of this State shall forever be taxed at the same rate; provided, this section shall not apply to institutions devoted exclusively to religious, educational or chr.ritable purposes. Sec. 7. The General Assembly shall not have the power to require the counties or other municipal cor- porations to pay any charges which are now payable out of the State Treasury. Sec. 8. No county shall become indebted in an amount greater than three and one-half per centum of the tax- able value of the property thereof; provided, this limi- tation shall not apply to any existing indebtedness, in excess of such three and one-half per centum, which has already been created or authorized by now existing law to be created. Sec. 9. No city, town or other municipal corpora- tion shall become indebted in an amount, including 1252 Journal of Alabama present indebtedness, exceeding 5 per centum of the as- sessed value of the property thereof, except for the con- struction or purchase of water works, gas, or electric light plants, and sewerage, or for the improvement of streets for which purpose an additional indebtedness, not exceeding 3 per cent, may be created; provided, this limitation shall not apply to any debt now authorized by law to be created; and excepting also tem- porary loans to be paid within one year, made in anticipation of the collection of taxes, not to exceed one-fourth of the general revenues of such cities and towns; provided, however, that this limitation shall not appl}^ to towns and cities having a population of six thousand or more, or to the city of Gradsden and Ensley, the towns of Andalusia, Decatur aud New De- catur, which last described cities and towns shall not become indebted in an amount, including present indeb- tedness exceeding 7 per centum of the assessed valuation of the property thereof, and provided further, that there shall not be included in the limitations of the indebted- ness of such last described cities and towns the follow- ing classes of indebtedness, to-wit: Temporary loans, to be paid within one year, made in anticipation of the collection of taxes, and not to exceed one-fourth of such taxes; bonds or other obligations already issued or which may hereafter be issued for the purpose of ac- quiring, providing or constructing school houses, Avater Avorks and sewers, and obligations incurred and boud^ issued for street or sidewalk improvement, where the cost of the same, in whole or in part, is to be assessed against the property abutting said improvement; pro- vided, that the proceeds of all obligations issued as herein provided in excess of said 7 per centum shall not be used for any purpose other than that for which said obligations were issued. N'othing herein contained shall prevent the funding or refunding of existing in- debtedness; provided, this section shall not apply to the cities of Sheffield and Tuscumbia. Sec. 10. The Legislature may levy a tax of not more than two and one-half per eentum on every |100 of the value of all estate, real, personal and mixed, money, Constitutional Convention. 1253; public and private secnrities of every kind, passing from any person Avho may die, siezed and possessed thereof, being in this State, or any part of such estate^ mone}^ or securities, or interest therein, transferred by the intestate hiws of this State, or by will, deed, grant, bargain, sale or gift, made or intended to take effect in possession after the death of the grantor, devisor, or donor, to any person or persons, bodies politic or cor- l>orate, in trust or otherwise, other than to or for the use of the father, mother, husband, wife, brothers, sis- ters, children or lineal descendants of the grantor, de- visor, donor or intestate. YEAS. Messrs. President, Almon, Altman, Ashcraft, Banks, Barefleld, Beddow, Bethune, Blackwell, Brooks, Browne, Burns, Bya rs, Cardon, Chapman, Cobb, Coleman (Greene), Cunningham, Davis (DeKalb), Davis, (Etowah), Dent, deOraffenried, Duke, Eley, Eyster, Gilmore, Ci lover, Graham (Talladega), Graj'son, Greer (Perry), Handley, FTnrrison, Heflin (Randolph), Henderson, Rood, Inge, Jackson, Jenkins, Jones (Bibb), Jones ( ^fontgomery ) , Joups (Wilcox), KnioJit, Lomax, Long (Walker), r.owe (Jefferson), Lowe ( Lawrence ) , :\[acdonald, :\rartin, ^raxwell, :\rerrill, AFiller (]\rarengo), ^ Foody, 1254 Journal of Alabama Mulkey, Murphree, Norman, Norwood, Gates, O'Neal (Lauderdale), Opp, O'Kear, Palmer, Parker (Elmore), Pettus, Phillips, Pillans, Porter, Reynolds (Henrj), Ixogers (Lowndes), Samford, Fosliee, Sanford, Searcy, Sloan, vSuiitl], Mac. A., Spears, Sprajiins, Va US' ban, Waddell, ^^'alker, Watts, Williams ( Barbour ) , Williams ( Marengo ) , Williams (Elmore), Wilson (Clarke) Wilson (Washington), Winn — 85. NAYS. Freeman — 2. The Article on JudiciaiT- was taken up, read a third time at length as follows, and adopted : Yeas, 87 ; nays, 1. JUDICIAL DEPARTMENT. Section 1. The judicial powers of the State shall be vested in the Senate sitting as a court of impeachment, a Supreme Court, Circuit Courts, Chancery Courts, Courts of Probate, such courts of law and equity infer- ior to the Supreme Court, and to consist of not more than five members, as the Legislature from time to time may establish, and such persons as may be by law invested with powers of a judicial nature; but no court lof general jurisdiction, at law or in equity, or both, shall hereafter be established in and for any one county haAdng a population of less than 20,000, or property as- sessed for taxation at a less valuation than |3,500,000. COXSTITUTIOXAL COXVEXTIOX. 1255 Sec. 2. Except in cases otherwise directed in this Constitution, the Supreme Court shall have appellate jurisdiction only, which shall be coextensive with the State, under such restrictions and regulations, not re- pugnant to this Constitution, as may from time to time be prescribed by law, except where jurisdiction over ap- peals is vested in some inferior court, and made final therein; provided, that the Supreme Court shall have power to issue writs of injunction, habeas corpus, quo warranto, and such other remedial and original writs as may be necessary to give it a general superintendence and control of inferior jurisdictions. Sec. 3. The Supreme Court shall be held at the seat of government, but if that shall become dangerous from any cause, it may adjourn to another place. Sec. 4. Except as otherwise authorized in tliis arti- cle, the State shall be divided into convenient circuits. For each circuit there shall be chosen a judge, who shall, for one year next preceding his election and dur- ing his continuance in office, reside in the circuit for which he is elected. Sec. 5. The Circuit Court shall have original juris- diction in all umtters civil and criminal within the State not otherwise excepted in this Constitution; but in civil cases, other than suits for libel, slander, assault and battery, and ejectment, it shall have jurisdiction only where the matter or sum in controversy exceeds fifty dollars. Sec. 6. A Circuit Court, or a court having the juris- diction of the Circuit Court, shall be held in each county in the State at least twice in every year, and judges of the several courts mentioned in this section may hold court for each other when they deem it expedient, and shall do so when directed by law. The judges of the sev- eral courts mentioned in this section shall have power to issue writs of injunction, returnable in the Courts of Chancery, or courts having the jurisdiction of Courts of Chancery. Sec. 7. The Legislature shall have power to establish a Court or Courts of Chancery, with original and appellate jurisdiction, except as otherwise author- 1256 Journal of Alabama ized in this article. The State shall be divided by the Legislature into convenient Chancery districts;, each division shall be divided into districts, and for each division there shall be a chancellor, who shall have re- sided for one year next preceding his election or ap- pointment, and at the time of his election or appoint- ment, and during his continuance in oltice in tlie divi- sion for Avliich he shall be elected or appointed. Sec. 8. A Chancery Court, or a court having the juris- diction of the Chancery Court, shall be held in ea:h dis- triet, i\t a place to be fixed by law, at least twice in each year, and the chancellors may hold court for each other when they deem it necessary. Sec. 9. Any count}' having a population exceeding 20,000, according to the next preceding Federal census,, and also taxable property exceeding |3, 500,000 in value^ according to the next preceding assessment of property for State and county taxation, need not be included in any circuit or chancery division; but if the value of its taxable property shall be reduced below that limit, or if its population shall be reduced below that number, the Legislature shall include such county in a circuit and chancer}- division or either, embracing more than one county. No circuit or chancery division shall contain less than three counties, unless there be embraced therein a county having a population exceeding 20,000, and taxable prop- erty exceeding |3,500,000. Tlie Legislature may confer upon the Circuit Court or tlie Chancery Court the jurisdiction of both of said courts. In counties hav- ing two or more courts of record, the Legislature may provide for the consolidation of all or any of such courts of record, except the Probate Court, Avith or without separate divisions, and an appropriate number of Judges for the transaction of the business of such consolidated court. Sec. 10. The Legislature shall have power to establish in each county within the State a court of Pro- bate, with general jurisdiction to grant letters testa- mentary and of administration, and of orphans' busi- ness; provided, that whenever any court having equity Constitutional Convention. 1257 powers has taken jurisdiction of the settlement of any estate, it shall have power to do all things necessary for the settlemeiit of such estate, including the appointment and removal of administrators, executors, guardians and trustees, and including action upon the resignation of either of them. Sec. 11. The Justices of the Supreme Court, Chancel- lors, and the Judges of the Circuit Courts, and other courts of record, except Probate Courts, shall, at stated times, receive for their services a compensation which shall not be diminished during their official term; 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. Sec. 12. The Supreme Court shall consist of one Chief Justice and such number of Associate Justices as- may be prescribed by law. Sec. 13. The Chief Justice and Associate Justices of the Supreme Court, Judges of the Circuit Courts, Pro- bate Courts, and Chancellors, shall be elected by the qualified electors of the State, circuits, counties and chancery divisions, for which such courts may be estab- lished, at such times as may be prescribed by law, except as herein otherwise provided. Sec. 11. The Judges of such inferior courts of law and equity as may be by law established, shall be elected or appointed in such mode as the Legislature may pre- scribe. Sec. 15. Chancellors and Judges of all courts of rec- ord, shall have been citizens of the United States and of this State for five years next preceding their election or appointment, and shall be not less than 25 years of age; and, except Judges of Probate Courts, shall be learned in the law. Sec. 16. Except as otherwise provided in this article, the Chief Justice and Associate Justices of the Supreme Court, Circuit Judges, Chancellors, and Judges of Probate, shall hold office for the term of six years, and until their successors are elected or appointed, and qualified; and the right 1258 Journal of Alabama of such Judges and Chancellors to hold their offices for the full term hereby prescribed shall not be attected by any change hereafter made by law in any circuit, divi- sion or county, in the mode or time of election. Sec. 17. The Chief Justice and Associate Justices of the Supreme Court shall be chosen at an election held at the time and place fixed by law for the election of members of the House of Representatives of the Con- gress of the United States, until the Legislature shall, by law, change the time of holding such election. The term of office of the Chief Justice, who shall be elected in the year 1904, shall be as provided in the last preceding section. The successors of two of the Asso- ciate Justices elected in 1901 shall be elected in the year 190G, and the successors of the other two Associate Justices elected in 1904 shall be elected in the 3'ear 1908. The Associate Justices of said court elected in the year 1904 shall draw or cast lots among themselves to deter- mine which of them shall hold office for the terms end- ing, respectively, in the years 1906 and 1908, and until their respective successors are elected or appointed and qualified. The result of such determination shall be certified to the Grovernor, by such Associate Justices, or a majority of them, prior to the first day of January, 1905, and such certificate shall be entered upon the min- utes of the court. In the event of the failure of said As- sociate 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. In the event of an increase or reduction by law of the number of As- sociate Justices of the Supreme Court, the Legislature shall, as nearly as may be, provide for the elec- tion, each second year, of one-third of the members of said court. Sec. IS. All judicial officers within their respective jurisdictions shall, by virtue of their offices, be conser- vators of the peace. Sec. 19. Vacancies in the office of any of the judges who hold office by election, or chancellors of this State, shall be filled by appointment by the Governor; such Constitutional Convention. 1259 appointee shall hold his office until the next general election held at least six months after the vacancy oc- curs, and until his successor is elected and qualified; the successor chosen at such election shall hold office for the unexpired term and until his successor is elected and qualified. Sec. 20. Whenever any new circuit or chancery divi- sion is created the Judge or Chancellor therefor shall be elected at the next election for Kepresentatives to the Legislature for a term to expire at the next general election for Judges and Chancellors; provided, that if said new circuit or chancery division is created more than six months before the next election of Rep- resentatives to the Legislature, the Governor shall ap- point some one as Judge or Chancellor, as the case may be, to hold the office until such election. Sec. 21. If in any case, civil or criminal, pending in any Circuit Court, Chancery Court, or in any court having the jurisdiction of a Circuit or Chancery Court, or either of them, in this State, the presiding Judge or Chancellor shall, for any legal cause, be incompetent to try. 1 ear or render judgment in such case, the parties, or their attorneys of record, if it be a civil case, or the solicitor or prosecuting officer, and the defendant or de- fendants, if it be a criminal case, may agree upon some disinterested person, practicing in the court and learned in the law, to act as special judge or chancellor to sit as a court, and to hear, decide and render judgment in the same manner and to the same ei¥ect as a Chancellor or as a Judge of the Circuit Court, or of a court having the jurisdiction of a Circuit and Chancery Court, or either, sittina* as a court might do in such case. If the case be a civil one, and the parties or their attorneys of record do not agree; or if it be a criminal one and the prosecuting officer and the defendant or defendants do not agree upon a special Judge or Chancellor, or if either party in a civil cause is not represented in court, the Register in Chancery or the clerk of such Circuit or other court, in which said cause is pending, shall ap- point a special Judge or Chancellor, who shall preside, try and render judgment as in this section provided. 1260 Journal of Alabama The Legislature may prescribe other methods of sup- plying special Judges in such cases. Sec, 22. The Legislature shall have power to provide for the holding of Chancery and Circuit Courts, and for the holding of courts having the jurisdiction of Circuit and Chancery Courts, or either of them, when the Chancellors or Judges thereof fail to attend regular terms. Sec. 23. No Judge of any court of record in this State shall practice law in any of the courts of this State or of the United States. Sec. 24. Registers in chancery shall be appointed by the Chancellors of the respective divisions, and shall have been at least twelve months before their appoint- ment, and shall be at the time of their appointment and during their continuance in office, resident citizens of the district for which they are appointed. They shall hold office for the term for which the Chancellor making such appointment was elected or appointed. Such regis- ters shall receive as compensation for their ser- vices only such fees and commissions as may be spe- cifically prescribed by law, which fees shall be uniform throughout the State. Sec. 25. The clerk of the Supreme Court shall be ap- pointed by the Judges thereof, and shall hold office for the term of six ,years, and the clerks of such inferior courts as may be established l)y law shall be selected in such manner as the Legislatui-e may provide. Sec. 26. Clerks of the Circuit Court shall be elected by the qualified electors in each couut}^ for the term of six years, and ma}^, when appointed by the Chancellor, also fill the office of Register in Chancery. Vacancies in such office of clerk shall be filled by the Governor for the unexpired term. Sec. 27. The clerk of the Supreme Court and regis- ters in Chancery may be removed by the Jus- tices of the Supreme Court, and by the Chancellor re- spectively, for cause, to be entered at length upon the minutes of the court. Sec. 28. A Solicitor in each county shall be elected by the qualified electors therein every four years, whose- Constitutional Convention. 1261 salary shall be fixed by bnv, according to the require- ments in each count}'. The office of Circuit Solicitor shall cease at the termination of the terms of the pres- ent incumbents. Sec. 29. In each precinct not lying within, or partly within, any city or incori>orated town of more tlran 1,500 inhabitants, there shall be elected, by the qualified elec- tors of such precinct not exceeding two Justices of the Peace and one Constable. AVhere one or more precincts lie within, or partly within, a city or incorporated town having more than 1,500 inhaV)itants, the Legislature may provide by law for the election (^f not more tlian two Justices of the Peace and one Constable, for each of such precincts, or an inferior court for such precinct or precincts, in lieu of all Justices of the Peace therein. Justices of the Peace, and the inferior courts herein provided for, shall have jurisdiction in all civil cases where the amount in controversy does not exceed flOO, except in cases of libel, slander, assault and bat- tery, and ejectment. The Legislature may pro- vide by law what fees may be charged by Justices of the Peace and Constables, which fees shall be uniform throughout the State. The right of appeal from any judgment of a Justice of the Peace, or from any infer- ior court authorized by this section, without the prepay- ment of costs, and also in the term of office of such Jus- tices, and of the Judges of such inferior courts, and of Notaries Public, shall be provided for by law. The Gov- ernor may appoint Notaries Public without the powers of a Justice of the Peace, and may, except where other- wise provided by an act of the Legislature, ap- point not more than one Notary Public with all of the powers and jurisdiction of a Justice of the Peace for each precinct in which the election of Justices of the Peace shall be authorized. Sec. 30. The Attorney General shall be elected by the qualified electors of the State at the same time and places of election of members of the Legislature, whose term of office shall be for four years and until liis successor is elected and qualified. He shall reside 1262 JOL'RXAL OF Ar.AHAMA at the seat of government, shall be the law officer of the State, and shall perform such duties as may be required of him by law. Sec. 31. The style of all process shall be "The State of Alabama" and all prosecutions shall be carried on in the name and by the authority of the same, and shall conclude "Ajjainst the peace and dignity of the State." Sec. 32. After suit has heen commenced on any cause of action the Legislature shall have no power to take away such cause of action, or to destroy- any defense that may exist to any suit after such suit has been com- menced. Sec. 33. The Legislature shall have the power to abolish any court (except the Supreme Court and the Probate Courts I Avhenever its jurisdiction and func- tions have been conferred upon some other court. Sec. 34. Nothing in this article shall be so construed as to effect the term of office of any officer now in office. YEAS. Messrs. President, .\lmon, Altnian, Aslicraft, Banks, Barefield, Bartlett, I»eavers, Beddow, Betlnme, Black well. Brooks, Browne, Burns, Cjirdon, '"liapman, Cobb, f'olciiian (Greene), <^"'iinningham. Davis (DeKalb), Davis, (Etowah), Dent, i^f^l vi-alfenricd, Duke, Eley, Eyster, Espv, iMttS, Foshee, i-'reeiuan, ( rihi'ore, Clover, Craliam ( Montgomery ) ( !i-;iliaiM (Talladega ), Crnvson. frreer (Perry), FTnndley, ITarrison, Reflin (Randolph),. ITcMiderson, Constitutional Convention. 1263 Hood, Inge, Jackson, Jenkins, Jones (Bibb), Jones ( 3lontgomerj ) , Jones ( Wilcox ), Knight, Lomax. Long (Walker), Lowe (Jefferson), Lowe (Lawrence), Macdonald, Martin, Maxwell, Merrill, Miller (Marengo). Moody, Mnlkey, Norman, Norwood, Gates, O'Neal ( Lauderdale) , Opp, O'Rear, Palmer, Parker (Elmore), Pettus, i'hillips, I'illans, I'ortei', Reynolds (Henry), Kogers (Lowndes), Samford, Searcy, Smith, Mac. A , Spragins, Vaughan, \^^ad"dell, AValker, Watts, WMlliams (Barbour), W\ 1 1 i a m s (Ma re n go ) , Williams (Elmore), Wilson (Clarke), Wilson ( "Washington ) , Winn— 87. Mr. Bvars — 1. NAYS. reconsideration. Mr. deGraffenried gave notice that on to-morrow he wonld move to reconsider the vote by which the Article on Judiciary was adopted. regular order. The Convention proceeded to the consideration of the regular order, which was the report of the Com- mittee on Impeachments. Gn motion of Mr. Hood the report was considered section bv section. 1264 Journal of Alabama section one. Was read at length as follows : Section 1. The Governor, Lieutenant Governor, Sec- "•etary of State, Auditor, Treasurer, Attorney General, Superintendent of Education, Commissioner of Agri- <'ulture and Industries, and Judges of the Supreme Court may be removed from office for willful neglect of duty corruption in office, incompetency, or intemper- ance in the use of intoxicating liquors or narcotics to such an extent, in view of the dignity of the office and importance of its duties, as unfits the officers for the discharge of such duties, oi- for any offense involving moral turpitude while in office, or committed under ■color thereof or connected therewith by the Senate sit- ting as a court for that purpose, under oath or affirma- tion on articles or charges preferred by the House of Eepresentatives. The following minority report to Section 1 was read at length as follows: Section 1. The Governor, Lieutenant Governor, Sec- retary of State, Auditor, Treasurer, Attorney General, Superintendent of Education, Commissioner of Agri- ■c-iilture and Industries, and Judges of the Supreme Court may be removed from office for willful neglect of duty, corruption in office, habitual drunkenness, in- competency, or any offense involving moral turpiture while in office, or committed under color thereof or connected therewith, by the Senate, sitting as a court for that purpose, under oath or affirmation, on articles or charges preferred by the House of Representatives. The minority report was lost. The question recurred upon the adoption of Section 1. Section 1 was, on motion of ]Mr. Hood, adopted. SECTION TWO. Was read at length as follows : Sec. 2. The Chancellors Judges of the Circuit Court, Judges of the I'robate Court, Sheriffs, Solicitors of the Circuits and Judges of the inferior courts, from Avhich Constitutional Convention. 1265 an appeal may be taken directly to the Supreme Court, may be I'emoved from office for any of the causes speci- fied in the preceding- section, by the Supreme Court, under such regulations as may be prescribed by law. The following minority report to Section 2 was read at length as follows : Sec. 2. The Chancellors, Judges of the Circuit Courts, Judges of the Probate Courts, Solicitoi's, and Judges of the Inferior Courts, from which an appeal may be taken directly to the Supreme Court, may be removed from office for any of the causes specified in the preceding section, by the Supreme Court, under such regulations as may be prescribed by law. Mr. Hood moved to table the minority report. The motion prevailed: Yeas, 47; nays, 39. YEAS. Messrs. President, Altman, Ashcraft, Banks, Barefield, Beddow, Blackwell, Brooks, Byars, Cunningham, Davis (Etowah), Dent, Duke, Eley, Espy, Ferguson, Fitts, Fosliee, Freeman, Graham (Talladega), Greer (Perry), Harrison, Henderson, Hood, 80 Jones (Montgomery), Jones (Wilcox), Lomax, Lowe (Jefferson), Maxwell, Merrill, ^filler (Marengo), Mulkey, Murphree, Norman, Norwood^ Gates, O'Neal (Lauderdale), Palmer, Phillips, Pillans, Searcy, Spears, Vaughan, Wnddell, Watts, AVilson (Clarke), Winn — 47. 1266 Journal of Alabama NAY&.- Messrs. Almon, Bethune, Browne, Burns, Oardon, Chapman, Cobb, Coleman (Greene), Davis (DeKalb), Eyster, Glover, Graham (Montgomery), Grayson, Handley, Heflin ^Randolph), Inge, Jackson, Jenkins, Jones (Bibb), Knisht, Long (Walker), Lowe ( Lawrence )y Macdonald, Martin, Moody, Opp, O'Eear, Parker (Elmore), Pettus, Ke^noids (Henry), Rogers (Lowndes), Samford, San ford, Smith, Mac. A. Spragins, AA'alker, Williams (Barbour), Williams (Elmore), Wilson ( Washington ) —39. PAIRS ANNOUNCED. The following pairs were announced : Messrs. Porter and Heflin of Chambers, Sloan and Williams of Marengo. Messrs. Sloan and Porter would vote aye; and Messrs. Heflin of Chambers and Williams of Marengo would vote nay. Mr. Barefield offered the following amendment to Section 2 : Amend Section 2 by adding at end thereof: Provided, That Sheriffs shall be eligible to succeed themselves in the office of Sheriff. ^Iv. Burns offered the following amendment to the amendment otfered by Mr. Barefield : Amend l)y adding after tlie word Sheriff the Avords and Probate Judge. On motion of ^Ir. Barefield the amendment offered by ]\rr. Burns was laid upon the table. Constitutional Convention. 1267 The question recurred upon the a(h)ption of the amend- ment offered "bj Mr. Barefield. Mr. Mulkey moved to table the amendment offered by Mr. Barefield. The motion was lost: Yeas, 30; nays, 49. YEAS. Messrs. Bethune, Blaekwell, Brooks, Browne, Byars, Chapman, Coleman (Greene), Davis (DeKalb), Dent, Espy, Fitts, F'oshee, Freeman, Glover, ' Harrison, Henderson, Inge, Jackson, Jenkins, •Jones (Bibb), Lowe (pJefferson), Martin, ^[errili, Mulke}^, .\rurphreo, Norman, Gates, Palmer, Phillips, Rej^nolds (Henry), Sanford, Smith, Mac. A., Spears, Walkei', Watts, Williams ( Barbour -36. nays. Messrs. President, Almon, Altraan, Ash craft, Banks, Barefield, Beddow, Burns, Cardon, Cobb, Cunningham, Davis (Etowah), Duke, Eley, Eyster, Ferguson, Graham (Montgomery), Gra ha m ( Tall adega ) , Grayson, Greer (Perry), Handley, Heflin (Randolph), Hood, Jones ( Montafomery ) ,, 1'268 Journal of Alabama Jones (Wilcox), Pettiis, Knight, Pillans, Lomax, IJoSers (liowndes), Long (Walker), Samford, Lowe (LaAvrence), S'^arcy, Macdoiiald, Spragins, Maxwell. Vaughan, Miller (Marengo), Waddell, Norwood, Williams (Elmore), O'Neal (Lauderdale), Wilson (Clarke), Opp, Wilson (Washington), O'Hear, Winn— 49. Parker (Elmore), PAIRS ANNOUNCED. The following pair was announced : Messrs. Sloan and Williams of Marengo. Mr. Sloan would vote aye, and Mr. Williams of Marengo would vote nay. The (juestion recurred upon the adoption of the • "lendment offered by Mr. Barefield. The amendment was adopted. Mr. Coleman of Greene offered the following aniend- •iiienl to Section 2 : Amend Section 2 by striking out the words '^of the circuit" in the second line of the minority report. The amendment .was adopted. Mr. Coleman of Greene offered the following amend- ment to Section 2, which was adopted by unanimous consent : Amend by adding at the end of the amendment as follows : ''Provided, That Sheriffs shall not hold for more than two successive terms." Section 2 was, on motion of Mr. Hood, as amended, adopted. SECTION THREE. Was read at length as follows : Sec. 3. The clerks of the Circuit or courts of like jurisdiction, of Criminal Courts, Tax Collectors, Tax Constitutional Convention. 12686 Assessors ( 'i-iint}^ Trefisnrers, County Superintendents of Education, County Solicitors, Coroners, Justices 6f the Peace, Notaries Public, Constables, and all other- r.iiinty oi'ncers, Mayors, intendents and all other offi- cers of incorporated cities and towns in this State may be removed from office for any of the causes specified in Section 1 of this article, by the Circuit or other Courts of like jurisdiction, or Criminal Court of the county in which such officers hold their office, under such regu- lations as may be prescribed by law ; provided, that the right of trial by jury and appeal in such cases be se- cured. The minority report to Sections 3 and 4 was^ by unanimous consent, withdrawn. Mr. Hood offered the following amendment to Sec- tion 3, which was adopted : Amend Section 3 of the report of the majority by striking out the words ''County Solicitors'' in the thii'd line of the section. On motion of Mr. Hood, Section 3, as amended, was adopted. section four. Was read at length as follows, and adopted : Sec. 4. The penalties in cases arising under the three preceding sections shall not extend beyond removal from office, and disqualifications from holding office, under the authority of this State, for the term for which he was elected or appointed ; l)ut the accused shall be liable to indictment and punishment as pre- scribed by law. On motion of Mr. Hood, the article on Impeachments was ordered engrossed for a third reading and adoption. The Convention proceeded to the consideration of ordinance 404, which was favorably reported by the Committee on Impeachments. The ordinance was read at length as follows : Ordinance 404, by Mr. Coleman, of Walker: Whereas, Ample provision is made by law for the impeachment of officers, and 1270 Journal of Alabama Whereas, It is contrary to the policy of this govern- ment that any part of the powers of one department should be exercised by an officer of another department, and Whereas, It is contrary to the spirit of our institu- tions that any person should be punished before trial ; Now, therefore, be it ordained by the people of Ala- bama in Convention assembled, that the following part of Section 28 of Article V adopted by this Convention 'l)e and the same is hereby annulled, to-wit: "And the (lovernor, when satisfied after hearing the Sheriff, that he should be impeached, may suspend him from office until the impeachment proceedings are decided." Mr. Joues, of Montgomery, moved to table the ordi- nance 404. The motion was lost : Yeas, 42 ; nays, 43. YEAS. IMessrs. President, Altman, Ashcraft, l^anks, Barefield, Beddow, Brooks, Byars, Cunningham, Davis (Etowah), Dent, Duke, Eley, Espy, Ferguson, Pitts, Foshee, freeman, Jones (Montgomery), Jones (Wilcox), XCnight, Lomax, ^laxwell, ^liller (Marengo), ^furphree, Norman, Oates, O'Neal (Lauderdale), Palmer, Parker (Elmore), Phillips, Pillans, Porter, Beynolds (Henry), Searcy, '^r>oars. Vaughan, Waddell, Williams (Barbour), Williams (Elmore), Wilson (Clarke), Winn— 42. Constitutional Convention. 1271 NAYS. Messrs. Almon, Bethune, Blaekwell, Browne, Burns, Cardon, Chapman, Cobb, Coleman (Greene), Davis (DeKalb), Eyster, Glover, Graham ( Montgomery ) , Grayson, Greer (Perry), Handley, Harrison, Heflin ( Randolph ) , Henderson, Hood, Inge, Jackson, Jenkins, Jones (Bibb), Long (Walker), Lowe (Jefferson), Lowe ( Lawrence ) , ^Facdonald, Martin, :\rerrill, Moody, Norwood, Opp, O'Kear, Pettiis, Rogers (Lowndes), Samford, Sanford, Smith, Mac. A., Spragins, Walker, Watts, Wilson (Washington) — 43. The question recurred upon the adoption of the ordi- nance 404. The ordinance 404 was lost : Yeas, 38 ; nays, 45. YEAS. Messrs. Almon, Bethune, Blaekwell, Browne, Burns, Cardon, Chapman, Cobb, Coleman (Greene) Davis (DeKalb), Evster, Glover, Graham ( Montgomery) , Grayson, Greer (Perry), Handley, Heflin (Randolph), Hood, Inge, Jackson, 1272 Journal of Alabama Lowe (Jefferson), Lo\ye (Lawrence), Macdonald, Mailin, Merrill, Moodv, Norwood, Opp, O'Kear, Messrs. President, Altman, Ashcraft, Barefield, Beddow, Brooks, Byars, Cunninojham, Davis (Etowah), Dent, Duke, Eley, Espy, FerguriCE, Fitts, Foshee, Freeman, Graham (Talladega), Harrison, Henderson, Jones (Montgomery), Jones (Wilcox), Knight, Pettus, Samford, JSanford, ^liuitii, Mac. A,, Spragins, Walker, Watts, Williams (Barbour), Wilson (Washington)— 38. NAYS. Lomax, Long (Walker), ■NLaxwell, Miller ( Marengo ) ,. ^lurphree, Norman, Oates, O'Neal ( Lauderdale )y Palmer, Parker (Elmore), Phillips, Pillans, Porter, TJeynolds (Henry), l\ogers ( LoAvndes ) , Searcy, Spears, Vaughan, Waddell, Williams (Elmore), Wilson (Clarke), Winn— 45. RECONSIDERATION. Mr, Long, of Walker, gave notice that on to-morrow he would move to reconsider the vote by which ordi- nance 404 was lost. Constitutional Convention. 127a adjournment. On motion of Mr. Jones, of Montgomery, the Conven- tion adjourned until 9 o'clock to-morrow morning. SEVENTIETH DAY. Convention Hall. Montgomery, Ala., Tuesday, August 13, 1901 . The Convention met pursuant to adjournment. ROLL CALL. On a call of the roll of the Convention, the following delegates answered to their names, which constituted a quorum : Messrs. President, Almoii, Altman, Ashcraft, Barefield, Beavers, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Burns, Byaxs, Cardon, Carmichael (Coffee), Chapman, Cobb, Cofer, Coleman (Greene), Cunningham, Davis (DeKalb), Davis (Etowah), Dent, Duke, Eley, Evster, Espy, I'^erguson, Fitts, Foshee, Gilmore, Glover, Graham ( ^fontgomery ) , '^-rnbnm (Talladega). Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, 1274 Journal of Alabama Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hood, Howze, Inge, Jackson, Jones (Bibb), Jones (Montgomery), Jones (Wilcox), Kirk, Knight, Ledbetter, Lomax, Long (Walker), Lowe (Jefferson), Lowe (Lawrence), Macdonald, Malone, Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Mulkey, Murphree, NeSmith, Norman, Norwood, Oates, O'Neal (Lauderdale), Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pet tui<. Phillips, Pillans, Porter, Peesp, Reynolds (Henry), Samford, Sanders, Sanford, Searcy, Sloan, Smith, Mac. A., Smith, Morgan M. Sollie, Spears, Spragins, Thompson, Vaughan, Waddell, Walker, Watts, Williams (Barbour), Williams (Marengo), Williams (Elmore), Wilson (Clarke). Winn— 104. LEAVE OP ABSENCE. Was granted to Messrs. deGratfenried indefinitely; Beese for yesterday; Sollie for Saturday and Mon- 'day; Pitts for to-day. REPORT OF THE COMMITTEE ON THE JOURNAL. The chairman of the Committee on the Journal sub- Tnitted the following report, which was concurred in: COXSTITUTIONAL CoXVExXTJON. 1275 The Committee on tlie .lounial beg leave to report that they hav(^ examined the Journal for the sixty-ninth day of the Convention, and that the same is correct. Ivesjieetfnlly submitted, Massey \^'Ir.sox, Acting Chairman. PlUVlEE(iE.S OF THE FLOOR. On motion of Mr. Wilson of Clarke the privileges of the floor was extended to Hon. R. D. Poole of Lowndes, member of the House of Representatives. STEXOGRAPHIC REPORT. Mr. Barefleld called the attention of the Convention to certain errors in the stenographic report of the pro- ceedings of yesterday. The report was ordered corrected. QUESTIOX OF PERSOXAL PRIVILEGE. • Messrs. Opp and Brooks arose to questions of per- sonal privilege and proceeded to state their questions of personal privilege. Resolution 29(), l>y Mr. Handley : Resolved, That if in the future a quorum be not pres- ent at roll call all members absent without a sufficient excuse, to be determined by the Chair, shall be fined |5 each. Mr. Handley moved tliat the rules be suspended for the purpose of putting the resolution upon its imme- cliate passage. The motion w^as lost, and the resolution v.as referred to the Committee on Rules. RECONSIDERATIOX. Mr. Ooleman of Greene moved to reconsider the vote by Avhich the Article on Judiciary was adopted on yes- terday. Mr. Graham of Talladega made the point of order that under rule 27, a motion to reconsider was out of 1276 Journal of Alabama order, in that a motion to reconsider tlie vote bv whicli the Article on Judiciary Avas ordered engrossed for a third reading had once before been defeated. The point of order was oYerruled. The question recurred upon the motion of Mr. Cole- man of Greene. The motion to reconsider prevailed: Yeas, 54; nays, 50. YEAS. Messrs. President, Almon, Barefield, Beavers, Browne, Burns, Carmichael (Coffee), Cobb, Coleman (Greene), Duke, Eley, Eyster, Ferguson, Glover, Graham (Montgomery), Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Heflin ( Randoli.li), TTinson, Howze, Inge, Jackson, Jenkins, Jones (IMontgomery),. Kirk, Kniglu, Locklin, Long (Walker), Lowe (Jefferson), Macdonald, Martin, O'Neal (Lauderdale), O'Rear, Parker (Cullman), Pillans, Proctor, Reese, Rogers (Lowndes), Samford, San ford, Searcy, Smith, Morgan M., Sollie, Waddell, Williams (Marengo) Wilson (Clarke), Wilson (Washington),. Winn— 54. Constitutional Convention. 1277 nays. Messrs. Altman Aslicraft, Banks, Bartlett, Beddow, Betlmne, Blackwell, Boone, Brooks, Bjars, Cardon, Cofer, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, Pitts, Foshec, Freeman, Gilmore, Graham (Talladega), Henderson, Hood, Jones (Bibb), Kirk, Lowe (Lawrence), Mai one, Maxw.-ll, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Mulkey, Murphree, NeSmith, Norman, Palmer, Parker (Elmore), Pettns. Phillips, Porter, Reynolds (Chilton), Sanders, Sloan, Smith, Mac. A. Spears, Spragins, Walker, Watts— 50. PAIR announced. The following pairs were announced : Messrs. Carnathon and Chapman, Jones of Wilcox and iMcMillan of Baldwin, Lomax and Pitts, Norwood and Sorrell, Opp and Weakley, Reynolds of Henry and White, Sentell and Thompson, Vaughan and Hodges, Williams of Barbour and Bulger, Williams of Elmore and McMillan of Wilcox, Weatherly and Gates. Messrs. Carnathon, Jones of Wilcox, Lomax, Nor- wood, Opp, Reynolds of Henry, Sentell, Vaughan, Wil- liams of Barbour, Williams of Elmore, and Weatherly Avould vote aye; and Messrs. Chapman, McMillan of 1278 JoTRXAL OF Alabama Baldwin, Pitts, Sorrell, Weakley, White, Thompson^ Hodges, Bulger, McMillan of Wilcox, and Gates would vote nay. Mr, Samford moved that the Article on Judiciary be recommitted to the Committee on Judiciary. Mr. Graham of Talladega made the point of order that the article could not be recommitted to the Com- mittee after it had been engrossed. The point of order was sustained. Mr. Heflin of Chambers moved that the further con- sideration of the article be postponed until 12 o'clock to-morrow morning, and that it be made a special order for that time. yiv. Samford moved to amend the motion of Mr. Hef- lin of Chambers by making the consideration of the article a special order for to-day at 4 o'clock p. m. Mr. Graham of Talladega moved to table the motion of Mr. Hefliu. Tiie motion to table was lost : Yeas, 49 ; nays, 51. YEAS. Messrs. Altman, Ash craft, Banks, Bartlett, Beddow, Black well, Boone, Brooks, Byars, Cardon, Cofer, Cunningliam, Davis (Y)eKalb), Davis (Etowah), Dent, Esp?, Fitts, l''"oshee. Freeman,. ( rrahaiu ( Talladega ) . Hendersou, Flood. Jones (Bibb), Ledbetter, Lowe (Lawrence), Malone, Maxwell, ]\[errill. Miller (Marengo), >r!ller (Wilcox), Moody, Murphree, XeSmith, Norman, Pahiier, Parker (Elmore),. Pettus, IMiil]ii»s, Constitutional Convention. 1279' Pillans, Porter, Reynolds (Chilton), Banders, Sloan, Smith, Mac. A., Spears, Sprajiins, Waddell, Walker, Watts, AVinn— 49. nays. Messrs. President, Almon, Barefleld, Bethune, Browne, T'nrns, Carmiehael (Coffee), Cobb, Coleman (Greene), Duke, Elev, Ferguson, Glover, Graham (MontgomerY), Grant, Grayson, (ireer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers). Heflin (Randolph), Hinson, [lowze. Jackson, Jenkins, Jones ( Montgomery ) , Kirk, Knight, Locklin, Long (Walker), Lowe (Jefferson), Macdonald, Martin, O'Neal (Lauderdale), O'Rear, Parker (Cullman), Proctor, Reese, Rogers (Lowndes), Simford, Sanford, Searcy, Smith, ^Morgan M., Sollie, Thompson, Williams (Marengo), Wilson (Clarke), Wilson (Washington) — 51. PAIRS announced. The following pairs were announced : Messrs. Carnathon and Chapman, McMillan of Bald- win and Jones of Wilcox, Pitts and Lomax, Sorrell and Norwood, Gates and Weatherly, Weakley and Opp,. 1280 Journal of Alabama White and Reynolds of Henry, Hodges and Vauglian, Bulger and Williams of Barbour, McMillan of Wilcox and Williams of Elmore, Mulkey and Eyster. Messrs. Carnathon, McMillan of Baldwin, Pitts, Sor- rell, Oates, Weakley, White, Hodges, Bulger, McMil- lan of Wilcox, and Mulkey would vote aye; and Messrs. Chapman, Jones of Wilcox, Lomax, Norwood, Weath- erly, Opp, Reynolds of Henry, Vaughan, Williams of Barbour, Williams of Elmore, and Eyster would vote nay. The amendment of Mr. Samford to the motion of Mr. Hefliu of Chambers was adopted. The question recurred upon the motion of Mr. Heflin ■of Chambers, as amended by the amendment of ]Mr. Samford. The motion, as amended, was adopted : Yeas, 56 ; nays, 52. YEAS. Messrs. President, Almon, Barefield, Beavers, Bethune, Browne, Burns, Carmichael (Colbert), Carmichael (Coffee), Cobb, Colenmn ( Greene ) , Duke, Eley, Eyster, Ferguson, GloA'er, G ra h a m ( M ontgom ery ) , Grant, Grayson, (Jreer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Hinson, Howze, Inge, Jackson, Jenkins, Jones ( ^lontgomery ) , Kirk, Knight, Locklin, Long (Walker), Lowe (Jefferson), ^Nlacdonald, Martin, O'Neal (Lauderdale), O'Rear, Parker (Cullman), 'Constitutional Convention. 1281 ProctoT, Rogers (Lowndes), Samford, San ford, Searcy, Beddow, Selheimer, Smith, Morgan M., Sollie, Thompson, Waddell, Williams (Marengo). Wilson (Clarke), Wilson (Washington) — 56. NAYS. Messrs. Altman, Ashcraft, Banks, Bartlett, Beddow, Blackwell, Boone, Brooks, Byars, Cardon, Cofer, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, Espy, Fitts, Foshee, I'reeman, Gilmore, Graham (Talladega) Henderson, Hood, Jones (Bibb), Ledbettei, Lowe (Lawrence), Malone, Maxwell, Merrill, Miller ( Marengo ) , Miller (Wilc(»xj, Moody, Mulkey, Murphree, NeSmith, Norman, l*almer, Parker ( Elmore ) , Pettus, Phillips, Pilhms, Porter, IfevDolds (Chilton) Sfaiders, Sloan, Smith (Mobile), Smith, Mac. A., Spears, Spragins, Walker, Watts, Winn— 52. PAIRS announced. The following pairs were announced : Messrs. Carnathon and Chapman, Jones of Wilcox and McMillan of Baldwin, Lomax and Pitts, Weatherly 81 1282 Journal of Alabama and Gates, Opp and Weakley, Vaugiian and Hodges, Williams of Barbour and Bulger. Messrs. Carnathon, Jones of AAllcox, Loniax, Weatlierly, Opp, Vauolian, Williams of Barbour, would vote aye; and Messrs. Chapman, McMillan of Baldwin, Pitts, Gates, Weak- ley, Hodges and Bulger would vote nay. RECONSIDERATION. Mr. Long of AValker moved to reconsider the vote by which ordinance 404 was lost on yesterday. Mr. G'Neal of Lauderdale moved to table the motion of Mr. Long of AYalker. The motion was lost. Mr. Jones of Montgomery moved to reconsider the A'ote by which the amendments to Section 2 of the Arti- cle on Impeachments was adopted. (In regard to Sheriffs having two terms.) ]Mr. Knox moved that the motion to reconsider be postponed until after the consideration of the present mition. (Gf Mr. Long of Walker.) The motion was adopted. RECESS. Pending tlie further consideration of the motion to reconsider the vote by which ordinance 404 was lost on yesterday, the hour of 1 o'clock having arrived, under the rules, the Convention recessed until 3:30 this afternoon, AFTERNGGN SESSIGX. The Convention met pursuant to adjournment. ROLL CALL. Gn a call of the roll of the Convention, the following delegates answered to their names, which constituted a (juorum : Constitutional Convention. 128a Messrs. President, Almou, Altman, Ashcraft, Banks, Barefield, Bartlett, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Burns, Byais, Cardon, Carmichael (Colbert), Carmicliael ( Coffee) , Chapman, Cobb, Coleman (Greene), Cunningham, Davis ( DeKalb ) , Davis (Etowah), Dent, deOraffenried, Duke, Ele.v, Eyster, Espv, Fero-nson, Foshee, Freeman, Gilmore, Glover, Graham (Talladega), Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handlej^ Harrison, Heflin (Chambers), Meflin (Randolph), Ilendeif^on, Hinson, Hood, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (MontgomeryJ^ Jones (Wilcox), Kirk, Knight, Ledbetter, Locklin, Lomax, Long (Walker), Lowe (Jefferson), Lowe (Lawrence), Maedonald, Malone, Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Mulkey, Murphree, \>Smith, Norman, Norwood, Gates, O'Neal (Lauderdale), Opp, O'Rear, Palmer, Parker (Cullman), 1284 Journal of Alabama Parker (Elmore), Pettus, Phillips, Pi Hans, Porter, Prot't.or, Eeese, Eeynolds (Chilton), Reynolds (Henry), Eogers ( Lowndes ) , Samford, Sanders, Sanford, S(-tircy, Selheimer, Sloan, Smith (Mobile), Smith, Mac. A. Smith, Morgan M., Sollie, Spears, Spragins, Thompson, Vaughan, Waddell, Walker, Watts, Weakley, Williams (Barbour), Williams (Marengo), Williams (Elmore), Wilson (Clarke), Wilson ( Washing-ton ) , Winn— 116. The question recurred upon the motion of Mr. Long of Walker to reconsider the vote by which ordinance 404 was lost on yesterday. Under the motion adopted this morning, making the motion to reconsider the Article on Judiciary a special order at 4 o'clock this afternoon, the motion of Mr. Long of Walker was temporarily postponed, and the Convention proceeded to the consideration of the Arti- cle on Judiciary. Mr. Heflin of Chambers moved to lay the Article on Judiciary on the table. The motion prevailed, and the Article was laid upon the table. Yeas, 55; nays, 54. YEAS. Messrs. President, Almon, Barefield, Beavers, Browne, Burns, Carmichael (Colbert), Carmichael (Coffee), Coleman (Greene), Coleman (Walker), Duke, Eley, Constitutional. Convention. 1285 Eyster, Fergrson, Glover, Graham (Montgomery), Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Hinson, Howze, Inge, Jackson, Jenkins, Jones (Montgomery), Kirk, Knio'ht, Loeklin, Long (Walker), Lowe (Jefferson), Macdonald, Martin, O'Neal (Lauderdale), Opp, O'Rear, Parker (Cullman), Proctor, Reese, Rogers (Lowndes), Samford, Sanford, Searcy, Selheimer, Smith, Morgan M., Sollie, Waddell, Williams (Marengo), Wilson (Clarke), Wilson (Washington) — 55. NAYS. Messrs. Altman, Ashcraft, Banks, Rnrtlett, Beddow, Bethune, Blackwell, Boone, Brooks, Byars, Cardon, Cofer, Cunningham, Davis (DeKalh), Davis (Etowah), Dent, Espy, Foshee, Foster, Freeman, Gil more, Graham (Talladega)> Henderson, Hood, Jones (Bibb), Ledbf'tter, Lowe (Lawrence), Mai one, ]\Tnxwell, Morrill. Miller (Marengo), ^rnipr- (Wilcox), Moody, MulkeVr 1286 Journal of Alabama Murphree, Sanders, NeSmith, Sloan, Norman, Smith (Mobile), Norwood, Smith, Mac. A., Palmer, Spears, Parker (Elmore), Spragins, Pettus, Walker, Phillips, NVatts, Pillans, Williams (Barbour), Porter, AVinii — 54. Reynolds (Chilton), PAIRS ANNOUNCED. The followinii pairs were aiinonnced : Messrs. Carnathon and Chapman, Cobb and Leigh, deGraffenried and Fitts, Jones of Wilcox and ]\[c^[il- lan of Baldwin, Lomax and Pitts, Weatherly and Gates, Sentell and Thompson, Vanghau and Hodges, Foster and Weakley. Messrs. Carnathan, Cobb, deGraffenried, Jones of Wilcox, Lomax, Weatherly, Sentell, Vaughan, and Fos- ter would vote aye; and Messrs. Chapman, Leigli, Fitts, McMillan of Baldwin, Pitts, Gates, Thompson, Hodges, and Weakley would vote nay. RECONSIDERATION. Mr. Wilson of Clarke called up for reconsideration the vote whereby the Article on Municipal Corporations was ordered engrossed for a third reading . Mr. Wilson of Clarke thereupon moved to take from the table his motion to reconsider the vote by which Section 6 of the Article on Municipal Corporations was adopted, and moved to make it a special order imme- diately after the disposition of his motion to reconsider the vote whereby the article was ordered engrossed for a third reading. The motion to make the motion to take from the table a special order was b^st. Constitutional Convention. 1287 The question recurred upon the motion of Mr. Wil- son of Chirke to take from the table the motion to re- consider Section G of the Article on Municipal Cor- porations. On motion of Mr. Pitts the motion of Mr. AYilson of Clarke was laid upon the table. adjournment. On motion of Mr. Proctor the Convention adjourned nntil 9 o'clock to-morrow morninu". SEVENTY-PIPvST DAY. Convention Hall. Montgomery, Ala., Wednesday, August 14, 1901. The Convention met pursuant to adjournment. Prayer was offered by Mr. Ashcraft of tlie Conven- tion. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : Messrs. President, Boone, Almon, Brooks, Altman, Browne, Ashcraft, Burns, Banks, Cardon, Barefield, (Jarmichael (Colbert), Bartlett, Carmichael (Coffee), Beavers, Chapman, Beddow. Cobb, Blackwell, Cofer, 1288 Journal of Alabama, Coleman (Greene), Coleman (Walker), Craig, Davis (DeKalb), Davis (Etowah), Duke, Eley, Eyster, Espy, Ferguson, Fitts, Foshee, Foster, Freeman, Gilmore, Glover, Graham ( Montgomery ) , Graham (Talladega), Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hood, Howze, Inge, Jackson, Jones (Bihb), Jones (Montgomery), Jones (Wilcox), Knight, Locklin, Lomax, Long (Walker),. Lowe (Jefferson), Lowe (Lawrence),. Macdonald, Malone, Martin, Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Mulkey, Murphree, Ne Smith, Norman, Norwood, Gates, O'Neal (Lauderdale),. Opp, Palmer, Parker (Cullman), Pearce, Pettus, Phillips, Pillans, Pitts, Porter, Proctor, Reese, Reynolds ( Chilton )> Rogers (Lowndes), Samford, Sanders, Sanford, Searcy, Selheimer, Smith ( Mobile) y Smith, Mac. A. Constitutional Convention. 1289 Smith, Morgan M., Watts, Sollie, \\ eakley, Spears, White, Spragins, Williams (Barbour),. Stewart, Williams (Marengo), Thompson, Wilson (Clarke) , Vaiighan, Wilson (Washington), Waddell, Winn— 113. Walker, LEAVE OF ABSENCE. Was granted to Messrs. Reynolds of Henry for to- day and to-morrow; Hodges for yesterday, to-day and to-morrow. report OF the committee on the JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in : The Committee on the Journal beg leave to report that they have examined the Journal for the seventieth day of the Convention, and that the same is correct. Respectfully submitted, John F. Proctor, Chairman. stenographic report. Mr. Long of Walker called the attention of the Con- vention to certain errors in the stenographic report of the proceedings of yesterday. question of personal privilege. Messrs. Long of Walker and O'Neal of Lauderdale arose to questions of personal privilege, and proceeded to state their question of personal privilege. committee ox order, consistency and harmony of the avhole constitution Were granted leave to sit during the session of to- day. 1290 Journal of Alabama ordinances on first reading. The following- ordinances were introdnced, severally read one time at length, and referred to appropriate committees as follows : Ordinance 450, l>y ~Slv. Sanford : To prohibit a municipality or other political division of this State granting a franchise that mav endure for fifty years without the consent of the people expressed at an election held for tl;at purpose. The (n-dinance was referred to the Committee on Municipal Corporations. Ordinance 451, by ]\[r. Ledbetter: To provide for the estal)lishment of a court house and jail at some point, to be determined by an election by the people, in that portion of Talladega county, Avithin the limits of precincts numbered 9, 10, 11, 12, and 13, in said county. The ordinance was referred to the Committee on Amending the ("onstitution and Miscellaneous Provis- ions. RESOLUTIONS ON FIRST READING. The following resolution was introduced, read one time at length, and referred to the appropriate com- mittee as follows : Resolution 270, by Mr. Long, of Walker: Whereas, There is a difference of opinion in regard to the selection or election of Circuit or County Solicit- ors, which has been manifested to such an extent by this Convention as to leave questionable all ideas of com- promise on the subject, and to leave doubtful the en- tire Article on Judicary; Therefore, Avith the view of harmony and in the in- terest of the public good. Re it I'esolved by the people of Alabama, in Conven- tion assembled, That a committee consisting of the President of this Convention and each chairman of the several different committees of this Convention, be and they are hereby ai)]>ointerosecutions for rape and assault with intent to rape, the court may, in its discretion, exclude from 1292 Journal of Alabama the court room all persons except such as may be neces- sary in the conduct of the trial. The report was laid upon the table and 300 copies ordered printed. RESOLUTIONS. Mr. Samford offered the following resolution, which was read at length one time, as follows : Resolution 298, by Mr. Samford: Be it resolved by the Convention that the enrolling and engrossing clerk be and she is hereby instructed to employ one assistant clerk at an amount not to exceed |4.00 per day, for such time as she may deem advisable. Mr. Samford moved that the rules be suspended in order to put the resolution on its immediate passage. The rules were suspended. Mr. Eyster thereupon moved the adoption of the resolution. The resolution was lost. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was the motion of Mr. Long of Walker to reconsider the vote by which ordi- nance 404 was lost. Mr, Dent moved to table the motion to reconsider. The motion was lost: Yeas, 56; nays, 56. YEAS. INIessrs. Asbcraft, T^^avis (Etowah), Banks, Dent, Barefield, Duke, Bartlett, Eley, Beddow, Espy, Boone, Pitts, Brooks, Posheo, Byars, Preeman, Cofer, Gil more, Constitutional Convention. 1293 Oraham (Talladega), Greer (Calhoun), Harrison, Henderson, Hinson, Howze, Jones (Montgomery), Kirk. Ledbetter, Lomax, Maione, Maxwell, Miller (Marengo), Miilkej^, Murphree, NeSmith, Norman, Norwood, Gates, G'Neal (Lauderdale), Palmer, Parker (Elmorej, Phillips, Pi Hans, Porter, Reynolds (Chilton), Sanders, Searcy, Selheimer, Sloan, Spears, Vaughan, Waddell, Weakley, White, Whiteside, Will iams ( Marengo ) , Winn— 56. nays. Messrs. Almon, Altman, P>ethune, Blaekwell, Browne, P n nis, Carmichael (Colbert), Carmichael (Coffee), Chapman, Cobb, Coleman (Greene), Coleman (Walker), Davis (DeKalb), Ferguson, Glover, Graham ( Montgomery ) , Grant, Grayson, Greer (Perry), Haley, Hand ley, tfetlin (Chambers), Hefiin (Randolph), Hood, Inge, Jackson, Jones (Bibb), Knight, Locklin, Long (Walker), Lowe (Jefferson), Lowe (Lawrence), Martin, Merrill, Miller (Wilcox), Moody, 1294 Journal of Alabama Opp, Smith, Mac, A., O'Rear, Smith, Morgan M., Parker (Cullman), SpragiUvS, Pettiis, Stewart, I'itts, iliompson, Procto.r, Walker, Keese, Watts, Kogers (Lowndes), Williams (Barbour), Sanford, Wilson (Clarke) Smith (Mobile), Wilson ( Wasliiniiton i — 5G. PAIUS ANXOUXCKD. The following pairs were announced : ^lessrs. Cunningliam and Cardon, President and ^Veather]Y, Jones of Wilcox and ^IcMillan of Baldwin. Messrs. Cunningham, President and Jones of Wilcox would vote are; and Messrs. Cardon, AVeatherly and Mt^Millan of Baldwin would vote nay. Tlie motion to reconsider the vote by which ordi- nance 404 was lost, prevailed. Tlie question recurred upon the motion of Mr. Jones of Montgomery to reconsider tlie vote whereby certain amendments relative to Sheriffs having two terms of office was adoi>ted. Mr. Jitnes of ^lontgomery moved to post])one the fur- ther consideration of his motion to reconsider until after the rejtort of the Committee on Journal (m Fri- day. Tile motion was lost. Mr. (^'Xeal of Lauderdale moved to postpone the fur- ther consideration of the motion of Mr. Jones of Mont- gomery to reconsidei- until after the disposition of ordi- nance 404. Air. Long of AValker moved lo amend the motion of ]Mr. O'Neal of Laud(u-dale l)y making it a special order for 12 o'clock to-day. On motion of ^\v. Proctor, the motion of Mr. O'Neal of Lauderdale and Long of Walker were laid u]>on the table. Constitutional Convention. 1295 Mr. Reese moved to table the motion of Mr. Jones of Montgomery. The motion was lost : Yeas, 45 ; nays, 23. YEAS. Messrs. Almon, Altman, Baretield, Boone, B rooky, Burns, Carmichael (Colbert). Carmichael (Coffee), Chapman, Cobb, Coleman (Greene), Duke, Eley, Eyster, (riover, Graham (iNIonttjomery) Graham (Talladega), Grayson, Greer (Perry), Haley, I lundley, Heflin (Chambers), Heflin (Randolph), Hinson, ll'..„| Locklin, Long (Walker), Miller ( Marengo), .Miller (Wilcox^ Moody, .Alurphree, NeSmith, Opp, O'Rear, Palmer, Parker (Cullman), Pettus, Proctor. Reese, Smith, Morgan M.. Stewart, Vaughan, Williauis (Marengo), Wilson (Clarke) Wilson (AVashington) -45. NAYS. Afessrs. Aslicraft, I' links, Hiirtlett, Reddow, Bethune. Rlackw611, Browne, Burnett, Bvars. Cardon, Cofer, ( ^)]eman ( Walker ) , Davis (DeKalb), Davis (Etowah), Dent. Espy, ri^pronson, Fittsi 1296 Journal of Alabama Foshee, Freeman, Gilmore, Orant^ Greer (Calhoun), Harrison, Henderson, Howze, ]nge, Jackson, Jenkins, Jones (I3ibb), Jones (Montgomery), Jones (Wilcox), Kirk, Knight, Ledbetter, Lomax, Lowe (Jefferson), Malone, Martin, Maxwell, Merrill, Mulkey, Norman, Norwood, Gates, O'Neal (Lauderdale), PAIRS Parker (Elmore), Phillips, Pillans, Pitts, Porter, Keynolds (Chilton), Kogers (Lowndes), 8am ford, Sanders, Sanford, Searcy, Selheimer, Sloan, Smith (Mobile), Smith, Mac. A., Sollie, Spears, Spragins, Thompson, Waddell, Walker, Watts, Weakley, White, Whiteside, ^yilliams (Barbour) Winn— 73. ANNOUNCED. The following pair was announced : Messrs. Weatherly and President. Mr. Weatherly ■would vote aye; and Mr. President would vote nay. The question recurred upon the motion of Mr. Jones of Montgomery to reconsider the vote by which the amendment offered by Mr. Barefield in regard to Sheriffs having two terms was adopted. Mr. Hood raised the point of order that the motion of Mr. Jones of Montgomery was out of order, in that the article had been ordered engrossed and to a third reading, and that it would be necessary to reconsider Constitutional Convention. 1297 the vote by which the article on Impeachments was ordered engrossed and to a third reading'. Mr. Lowe, of Jeiferson, raised tlie point of order that the point of order made by Mr. Hood came too hite, in that the Chair and the Convention had entertained the motion to reconsider the vote whereby the amendment ottered by Mr. Bare- field in regard to Sherilt's having two terms was adopted, and that said motion had been entered at a former session of the Convention and set down for con- sideration after the motion to reconsider the article relating to Impeachments of Sheriffs, and at this ses- sion of the Convention the Convention had considered the motion to reconsider and had voted down a motion to table the same, and that objection to its considera- tion must, therefore, be considered as having been waived by unanimous consent, and that the considera- tion of the motion to reconsider the vote whereby the amendment offered by Mr. Barefield in regard to Sher- iffs having two terms operated, under the circumstances to reconsider the vote whereby the article on Impeach- ments was ordered engrossed and to a third reading, and the vote whereby Section 2, as amended, was adopted by unanimous consent. The Chair stated that the Chair was in doubt on the point of order, and would submit the question for the decision of the Convention. Thereupon the Chair submitted the question to the Convention upon the point of order raised by Mr. Lowe of Jefferson, and the point of order was sustained. Thereupon the Chair overruled the point of order raised by Mr. Hood. The question recurred upon the motion of Mr. Jones of Montgomery to reconsider the vote whereby the amendments to Section 2 were adopted. The motion prevailed, and the vote was reconsidered. Thereupon Mr. Fitts moved to table the amendment offered by Mr. Barefield to Section 2. The motion prevailed : Yeas, 77 ; nays, 38. S2 1298 Journal of Alabama YEAS. Messrs. President, Altman, Ashcraft, Banks, Bartlett, Beddow, Betliime, Blackwell, Brooks, Browne, Burnett, Byars, Cofer, Coleman (Greene), Coleiiiau (Walker), Craiii", r;ivis (DeKalb), Davis (Etowah), Dent, Espy, Feriiuson, Fitts, Fosliee, Freeman, Oil more, Grant, Greer (Calhoun), Harrison, Henderson, Mood, ITowze, Jackson, Jenkins, Jones (Bibb), .T(^^M'«; (AVilcox), Kyle, Kiiiirht. T^edbetter, Lomax, Lowe (Jefferson), Malone, Martin, Maxwell, Merrill, Mulkey, Norman, Norwood, Gates, O'Neal (Lauderdale), O'Neill (Jefferson), Tarker (Cullman). Parker ( Elmore), Phillips, I'irts, Porter, Pructor, Keyuolds (Chilton), Koners (Lowndes), Sanders, Sanford, Seiheimer, Sb)an, Smith (Mobile), Smith, Mac. A., Sollie, Spears, S])raiiins, Stewart, Thompson, Vanahan, Waddell, Walker, Watts, Weakley, White, "^ Wliiteside. Williams (Barbour) — 77 Constitutional Convention. 1299 nays. Messrs. Barefield, Boone, Burns, Garden, Carmicliael ( Colbert ) , Chairman, Cobb, Duke, Eley, Eyster, Glover, Graham (Montgomery), Graham (Talladega), Grayson, Greer (Perry), Handley, Heflin (Chambers), Heflin (Randolph), Hinson, Jones (Montgomery), Long ("Walker), Lowe (Lawrence), ^[iller (Marengo), .Miller (Wilcox), Moody, ATiirphree, NeSmith, Opp, O'Kear, Palmer, Pettus, Reese, Searcy, Smith, Morgan M., Williams ( Marengo ) , Wilson (Clarke) Wilson ( Washington ) , Winn— 38. question of personal privilege. Mr. Long of Walker arose to a question of personal privilege, and proceeded to state his question of per- sonal privilege. The question recurred upon the adoption of Section 2 as originally reported and amended by the amend- ment of Mr. Coleman of W^alker, which amendment was adopted by unanimous consent. On motion of Mr. Hood Section 2, as originally re- ported by the Committee, and amended, was thereupon adopted. Oil motion of Mr. Hood the Article on Impeachments was ordered engrossed for a tliird reading and adopt- ion. On motion of Mr. Hood, ordinance 404 was taken up. Mr. O'Neal of Lauderdale moved to table the ordi- nance 404. 1300 Journal of Alabama The motion of Mr. O'Xeal of Lauderdale was lost. On motion of Mr. Hood ordinance 404 was read at length, as follows, and adopted: Yeas, 74; nays, 44. Ordinance 404, by Mr. Coleman, of Walker : Whereas, Amj^le provision is made by law for the impeachment of officers, and Whereas, It is contrary to the policy of this govern- ment that any part of the powers of one department should be exercised by an officer of another depart- ment, and Whereas, It is contrary to the spirit of our institu- tions that any person shauld be punished before a trial. Now, therefore, be it ordained by the people of Ala- bama, in Convention assembled, that the following part of Section 28 of Article V, adopted by this Convention be and the same is hereby annulled, to-wit: "And the Governor, when satisfied after hearing the Sheriff, that he should be imi>eached, may suspend him from office until the impeachment proceedings are decided." YEAS. Messrs. Almon, Altman, Beavers, Bethune, Blackwell, Browne, Burnett, Burns, Carmichael (Colbert), Carraichael (Coffee), Chapman, Cobb, Coleman (Greene), Coleman (Walker), Cornwell, Davis (DeKalb), Eley, Eyster, Ferguson, Foshee, Foster, Glover, Graham ( Montgomery ) , Grant, Grayson, Greer (Calhoun), Greer (Perry), Handley, Heflin (Chambers), Heflin (Randolph), Henderson, Hood, Inge, Jackson, Jones (Bibb), Knight, Constitutional Convention. 1301 Locklin, Long (Walker), Lowe (Jefferson), Lowe ( Lawrence) , Martin, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Norwood, Upp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pettus, Pitts. Proctor, Reese, Rogers (Lowndes), Samford, Sanford, Smith (Mobile), Smith, Mac. A., Smith, Morgan M., Sollie, Spears, Stewart, Spragins, Thompson, Vaughan, W^alker, Watts, Williams (Barbour), Williams ( Marengo ) , Wilson (Clarke), Wilson (Washington) Winn — 74. nays. Messrs. Ashcraft, Banks, Barefield, Bartlett, Beddow, Boone, Brooks, B jn rs, Cofer, Craig, Dent, Duke, Espy, Pitts, Freeman, Graham (Talladega), Harrison, Hinson, Howze, Jones (Montgomery), Jones (Wilcox), Kirk, Ledbetter, Lomax, ]\ralone, ^laxwell, ^Julke}^, Murphree, VeSmith, Norman, Gates, G'Neal (Lauderdale), Phillips, Pi Hans, Porlor, Reynolds (Chilton), Sanders, Seai'cv, 1302 Journal of Alabama Selheimer, Weakley, Sloan, White, Waddell, Whiteside— 44. PAIRS ANNOUNCED. The following pairs were announced: Messrs. Weatherlv and President, Cardon "and Cun- ningham. Messrs. Weatherlv and Cardon Avould vote aye; and Mr. President and Mr. Cunningham would vote nay. The ordinance 404 was referred to the Committee on Order, Consistency and Harmony of tlie Whole Consti- tution. REGULAR ORDER. The Convention proceeded to the consideration of the regular order, wliich was the report of the Com- mittee on Education. On motion of 31r. (Iraham of Talladega the report was considered section hy section. EDUCATION. SECTION ONE. Was read at length as follows and adopted: Section 1. The General Assembly shall establish, or- ganize and maintain a liberal system of public schools throughout the State for the benefit of the children thereof between the ages of 7 and 21 3^ears. The public school fund shall l)e apportioned to the several counties in proportion to the number of school children of school age therein, and shall be so a])]>ortioned to the schools in the districts or to^^'nships in the county as to pro- vide, as nearly as practicable, school terms of equal duration in such school districts or townships. Separ- ate schools shall be provided for • white and colored children and no child of either race shall be permitted to attend a school of the other race. Constitutional Convention. 1303 section two. Was read at length as follows and adopted: 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 entrusted to this State or given by the United States foi' education- jil purposes, shall l)e preserved inviolate and uudimin- islied; and the income arising tlierefrom shall be faith- fully applied to the specific object of the original grants or appropriation^^. SECTION THREE. V\ as read at length as follows and adopted: Section 3. All lands or other property given by indi- viduals, 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 ap- plied to the maintenance of the public schools. SECTION FOUR. Was read at leng-th as follows and adopted : Sec. 4. All poll taxes levied and collected in this State shall be applied to the support of the public schools in the respective counties where levied and col- lected. SECTION FIVE. Was read at length as follows : Sec. 5. The income arising from the Sixteenth Sec- tion 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, together with the special annual tax of 30 cents on each flOO dollai^ of taxable property in this State shall be applied to the support and maintenance of the public schools and it shall be the duty of the General Assem- bly to increase, from time to time, the public school 1304 JoL'itXAL OF Alabama fund as the necessity therefor and the condition of the treasury and the resources of the State may justify. Provided, that nothing- herein contained shall be so con- strued as to authorize the G(meral Assembly to levy in any one year a greater rtite of taxation than 65 cents on each |100 worth of taxable property. Mr. Dent offered the following amendment to Sec- tion 5 : Moves to amend Section 5 of Article on Education by striking therefrom the following words, ''together Avith the special annual tax of 31) cents on each |100 of taxable property of this State," in lines three and four of said section, and insert in lieu thereof the following, "together with such sum as the Legislature may de- cide." Mr. O'Neal of Lauderdale otfered the following amendment to the amendment otfered by Mr. Dent : Amend amendment by striking out the words "to- gether with the special annual tax of 30 cents on each |100 of taxable property in the State," and insert in lieu thereof "with such other moneys to be not less that 1100,000 ])er annum, as the (leneral Assembly shall provide by taxation or otherwise." RECESS. Pending the further consideration of the report of the Committee on Education, the hour of 1 o'clock hav- ing arrived, under the rules, the Convention recessed until 3 :30 this afternoon. AFTEENOON SESSION. The Convention met pursuant to adjournment. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : Constitutional Convention. 1305- Messrs. President, Jones (Bibb), Ashcraft, Kirk, Bartlett, Knight, Beavers, Kyle, Beddovv, Ledbetter, Bethune, Locklin, Blackwell, Lomax, Boone, Lowe (Lawrence), Brooks, Macdonald, Browne, Malone, Bulger, Martin, Burns, Maxwell, Byars, Merrill, Cardon, }.liller (Marengo), Case, Miller (Wilcox), Chapman, Moody, Cobb, Murphree, Coleman (Greene), Norman, Davis (DeKalb), Norwood, Davis (Etowah), Gates, Eley, O'Neal ( Lauderdale) , Eyster, Opp, Fletcher, O'Rear, Foshee, Pnlnier, Foster, Parker (Cullman), Freeman, Parker (Elmore), Gilmore, Pettus, Graham (Talladega), Phillips, Grant, Lilians, Grayson, Pitts, Greer (Calhoun), Proctor, Greer (Perry), Peese, Haley, Rogers (Lowndes), Handley, Samford, Heflin (Randolph), Sanders, Henderson, Snnford, Hood, Searcy, Howze, Selheimer, Inge, Smith, Mac. A. 1306 Journal of Alabama Smith, Morgan M., Walker, Sollie, Watts, Sorrell, Weakley, iSpears, White, Spragins, Whiteside, Stewart, ^' i ] ! i ams ( Barbour ) , Thompson, Williams (Marengo) Vaughan, Wilson (Clarke) — 93. REPORT OF THE CO.M.MITTEE OX EXGROSSMEXT. Mr. Samforcl, chairman of the Coniniittee on En- grossment, submitted the follo^ying report, which was concurred in: Mr. Fresident : We, Your Committee on Engrossment^ beg leave to report that we have examined and compared the follow- ing ordinances, articles and resolutions, to-wit : On Amending the Constitution, on Relating to the Bonded Indebtedness of the State, Ordinance No. 409, Kepre- sentation, Exemptions, ^lunicipal Corporations, Reso- lution Xo. 188, and tind tlie same to be correct. Wm. H. Samford^ Chairman Committee on Engrossment. ARTICLES ox THIRD READIXG. The Article on Amending the Constitution and ^lis- cellaneous Provisions was read at length a tliird time, as follows, and adopted: Yeas, 87; nays, 7. An ordinance to prescribe the mode in wliich the Con- stitution may be amended. Be it ordained by tlie people of Ahibnma, in Conven- tion assembled, tliat Article XVII of the Constitution he stricken out, and tl>e folh^wing article insfM-ted iu lieu thereof : Constitutional Convention. 1307 ARTICLE XVII. MODE UF A-MENIUNG THE rONSTITITlON. 1. Amendments may be proposed to this Constitu- tion by the General Assembly in the manner following: The proposed amendments shall be read in the House in which they originate on three several days, and if upon the third reading three-fifths of all the members elected to that House shall vote in favor thereof the proposed amendments shall be sent to the other House, in which they shall likewise be read on three several days, and if upon the third reading, three- fifths of all the members elected to that House shall vote in favor of the proposed iimendments, the General Assembly shall order an elec- tion by the qualified electors of the State upon such pro- posed amendments, to be held either at the general elec- tion next succeeding the session of the General Assem- bly at which the amendments are proposed or upon an- other day appointed by the General Assembly not less than three months after adjournment of the session of the General Assembly at which the amendments are pro- posed. Xoticc of such election, together with the pro- posed amendments shall be given by proclamation of the Governor, which shall be published in every county in such manner as the General Assembly shall direct, for at least eight weeks successively next preceding the day appointed for such election. On the day so ap- pointed an election shall be held for the vote of the f|ualified electors of the State on the proposed amend- ments. If such election be held on the day of the gen- eral election, the officers of the general election shall open a poll for the vote of the qualified electors on the ]iroposed amendments; if it be held on a day other than that of a general election, officers for such election shall be appointed and the election shall be held in all things in accordance with the law governing general elections. In all elections upon such proposed amendments the votes cast thereat shall be canvassed, tabulated, and re- turns thereof made to the Secretary of State, and counted, in the same manner as is done in elections for 1308 Journal of Alabaima Representatives in the General Assembly, and if it shall thereupon appear that a majority of the qualified elect- ors who voted at such election upon the proposed amend- ments voted in favor of the same, such amendments shall be valid to all intents and purposes as parts of this Con- stitution. The result of such election shall be made known by proclanuition of the Governor; provided, that representation in the Legislature shall be based upon population, and such basis of representation shall not be changed by constitutional amendment. 2. Upon the ballots to be used at all elections pro- vided for in Sec. 1 of this article, the substance or sub- ject matter of each proposed amendment shall be printed so that the nature thereof shall be clearly indicated, following eacli proposed amendment on the ballot shall be printed the words "Yes'' and immediately following that shall be printed the word ''No." The choice of the elector shall be indicated- by a cross mark before the answer he desires and no amendment shall be adopted unless it receives the affirumtive vote of a majority of all the (puilified electors who voted at such election. 3. No convention shall hereafter be held for the pur- pose of altering or amending the Constitution of this State, unless after the General Assembly, by a vote of a majority of all the members elected to each House, has passed an act or resolution calling a Convention for such purpose, the question of Convention or No Conven- tion shall first be submitted to a vote of all the qualified electors of the State, and approved by a majority of those voting at such election. No act or resolution of the GeneJ'al Assembly calling a convention for the purpose of altering or amending the Constitution of this State shall be repealed except upon the vote of a majority of all the members elected to each House at the same ses- sion at which such act or resolution was passed; pro- vided, nothing herein contained shall be construed as re- stricting the jurisdiction and i)ower of the Convention Avhen duly assembled in pursuance of this section, to es- tablish such ordinances and to do and ])erform such othei- things as to the Convention may seem necessary or proper to alter, revise or amend tlie existing Constitu- tion. Constitutional Convention, 1309 4. All votes of the General Assembly upon proposed amendments to this Constitution, and upon bills or resolutions calling a Convention for the purpose of al- tering or amending the Constitution of this State shall be taken by yeas and nays and entered on the Journals, No act or resolution of the General Assembly passed in accordance with the provisions of this article proposing amendments to this Constitution, or calling a conven- tion for the jDurpose of altering or amending the Con- stitution of this State shall be submitted for the ap- proval of the Governor, but shall be valid without his approval. YEAS. Messrs. President, Glover, Almon, Graham (Talladega), Altman, Grant, Ash era ft. Greer (Calhoun), Barefield, Greer (Perry), Reddow, Haley, Bethune, Handley, B hick well, Harrison, Boone, Heflin (Randolph}, Brooks, Henderson, Browne, Hood, Bulger, IIoAvze, Burnett, Inge, Burns, Jones (Bibb), Cardon, Jones (Wilcox), Chapman, Kirk, Coleman (Greene), Knight, Coleman (Walker), Ledbetter, Craig, Lomax, Davis (DeKalb), Lowe (Lawrence), Davis (Etowah), ^facdonald. Dent, Malone, Eley, !Mnxwell, Eyster, Merrill, Espy, Miller (Marengo), Foster, Miller (Wilcox), Moody, 1310 JouuxAL OF Alabama Norwood, Gates, O'Neal (Lauderdale), O'Rear, Palmer, Parker (Cullman), Peitiis, Pillans, Pitts. Proctor, Reese, IJouers (Lowndes), Sam ford, Sanders, San ford, Searcy, Smith (Mobile), Smith, Mac. A., Smith, Morgan ^L, Stewart, Thompson, Vaughan, Waddell, Walker, AYatts, Weakley, White, Whiteside, Williams (Barbour), Williams (Marengo), Wilson (Clarke), "Wilson (Washington). Winn — 8(>. NAYS. Messrs. Bartlett, Byars, Foshee, Crayson, L<.nu- (Walker), Pliillip.s, Porter — 7. The ordinance to amend Article XVI of the Consti- tution was read a third time at length as follows, and adopted: Yeas, 89; nays, 4. An ordinance to amend Article XYI of the Consti- tution. Be it ordained by the people of A]al)ama, in Conven- tion assendjled, that Article XVI of the Constitution be stricken out, and the following article inserted in lieu tlun-eof: ARTICLE XVI. MISCKLI^AXKOrs PUOVISIOXS. 1. No person holding an oflftce of ])rofit under the Ignited States, except postmasters, whose annual sal- aries do not exceed .*200, shall, nlger, Burnett, Burns, Cardon, Carmichael (Colbert), Chapman, Cobb, Citleiuan (Greene), Coleman (Walker), Cunuingham, Davis (DeKalb), Davis (Etowah), Dent, ^^spy, Foster, Graham ( Talladega ) , Grant, Giayson, (xreer ( Calhoun), (xieer (Perrv), Ha lev. Hand ley, Harrison, Hefiin (Randolph), Henderson, Hood, Howze, Inge, •Tones ( Bibb), Jones (Wilcox), Kirk, Knight, Locklin, r.omax, Long (Walker), Lowe (Jefferson), Lowe (Lawrence), Macdonald, Martin, ^Maxwell, Merrill, 1312 Journal of Alabama Miller (Marengo), Murphree, Norwood, Gates, O'Neal (Lauderdale), O'Rear, Palmer, Parker (Cullman), Parker (Elmore), -Pettus, Pillans, Porter, Proctor, Reese, Rogers (Lowndes), Samford, . Sanders, Searcy, Selheimer, Smith, Mac. A. Smith, Morgan M., Spragins, Stewart, Tayloe, Thompson, Vaughan, Waddell, Walker, Watts, Weakley, ^Vhite, AMiiteside, Williams ( Barbour) , Williams ( Marengo ) , Wilson (Clarke), Wilson (W^ashington), Winn— 89. NAYS. Messrs.Bartlett, : By ars , Foshee, Phillips— 4. The Article on Representation was read a third time at length, as follows, and adopted : Yeas, 109 ; nays, 3. ARTICLE — . REPRESENTATION. Section 1. The whole number of Senators shall be not less than one-fourth, or more than one-third of the whole number of Representatives. Sec. 2 The House of Representatives shall consist of not more than one hundred and five members, unless new counties are created, in which event each county shall be entitled to one Representative. The members of the House of Representatives shall be apportioned by the General Assembly among the several counties of the State, according to the number of inhabitants in Constitutional Convention. 1313 them respectively, as ascertained by the decennial census of the United States; which apportionment vi^hen made shall not be subject to alteration until the next session of the General Assembly after the next decennial census of the United States shall have been taken. Sec. 3. It shall be the duty of the General Assembly at its first session after the taking of the decennial census of the United States in the year 1910, and after each subsequent decennial census, to fix by law the num- ber of Representatives, and apportion them among the several counties of the State, according to the number of inhabitants in them respectively ; provided, that each count}^ shall be entitled to at least one Representative. Sec. 4. It shall be the duty of the General Assembly at its first session after the taking of the decennial cen- sus of the United States in the year 1910, and after each subsequent decennial census, to fix by law the number of Senators, and to divide the State into as many Sena- torial districts as there are Senators, which districts shall be as nearly equal to each other in the number of inhabitants as may be, and each shall be entitled to one Senator, and no more; and which districts, when formed, shall not be changed until the next apportioning ses- sion of the General Assembly after the next decennial census of the United States shall have been taken; pro- vided, that counties created after the next preceding apportioning session of the General Assembly ma,v be attached to Senatorial districts. No county shall be divided between two districts, and no district shall be made up of two or more counties not contiguous to each other. Sec. 5. Should the decennial census of the United State, from any cause, not be taken, or if when taken the same, as to this State, is not full and satisfactory, the General Assembly shall have power at its first session after the time shall have elapsed for the taking of said census, to provide for an enumeration of all the inhabi- tants of this State, and once in each ten years there- after, upon which it shall be the duty of the General Assembly to make the apportionment of Representatives and Senators, as provided for in this article. 83 1314 Journal of Alabama Sec. 6. Uutil the General Assembly shall make an apportionment of Representatives among the several counties, at its iirst session after the taking of the de- cennial census of the United States in the year nine- teen hundred and ten, as herein provided, the counties of Autauga, Baldwin, Bibb, Blount, Cherokee, Chilton, Choctaw, Clay, Cleburne, Coffee, Colbert, Conecuh, Coosa, Covington, Crenshav^', Cullman, Dale, DeKalb^ Escambia, Fayette, Franklin, Geneva, Greene, La- mar, Lawrence, Limestone, Macon, Marion, Marshall, Monroe, Pickens, Randolph, St. Clair, Shelby, Wash- ington, and Winston shall each have one Representa- tive; the counties of Barbour, Bullock, Butler, Cal- houn, Chambers, Clarke, Elmore, Etowah, Hale, Henry, Jackson, Lauderdale, Lee, Lowndes, Madison, Marengo, Morgan, Perry, Pike, Russell, Sumter, Talladega, Tala- poosa, Tuscaloosa, Walker and Wilcox shall each have two Representatives; the counties of Dallas and Mobile shall each have three Representatives; the county of Montgomery shall have four Representatives ; and the county of Jefferson shall have seven Representatives. Sec. 7. Until the General Assembly shall divide the State into Senatorial districts, as herein provided, the Senatorial districts shall be as folloAvs: First district, Lauderdale and Limestone ; Second district, Lawrence and Morgan; Third district, Blount, Cullman and Winston; Fourth district, Madison; Fifth district, Jackson and ^Nfarshall ; Sixth district, Etowah and St. Clair; Seventh district, Calhoun; Eighth dis- trict, Talladega; Ninth district. Chambers and Ran- dolph; Tenth district, Tallapoosa and Elmore; Eleventh district, Tuscaloosa; Twelfth district, Fayette, Lamar and Walker ; Thirteenth district, Jefferson ; Fourteenth district, Pickens and Sumter; Fifteenth District, Au- tauga, Chilton and Shelby; Sixteenth district, Lowndes; Seventeenth distrct, Butler, Conecuh and Covington; Eigliteenth district, Bibb and Perry; Nineteenth dis- trict, Choctaw, Clarke and Washington ; Twentieth dis- trict, Marengo; Twenty-first district. Baldwin, Escam- bia and Monroe; Twenty-second district, Wilcox; Twen- ty-third district. Dale and Geneva; Twenty-fourth di^^- Constitutional Convention. i;U5 trict, Bai'bour; T^Yeuty-tiftll district, Coffee, Crenshaw and Pike; Twenty-sixth district, Bulk^ck and Macon; Twenty-seventh district, Lee and Knssell ; Twenty-eighth district, Montgomery; Twenty-nintli district, Cherokee and DeKalb; Thirtieth district, Dallas; Thirty-first district, Colbert, Franklin and Marion; Thirty-second district, Greene and Hale; Thirty-third district. Mobile; Thirty-fourth district, Cleburne, Clay and Coosa; Thir- ty-fifth district, Henry. YEAS. Messrs. President, Almon, Altman, Ashcraft, P>anks, Barefield, Beavers, Beddow, Bethune, Black well, Boone, Brooks, Browne, Bulger, Burnett, Burns, Cardon, Carmichael (Colbert), Chapman, Cobb, Coleman (Greene), Coleman (Walker), Cornwell, Craig, Davis (DeKalb), Davis (Etowah), Dent, Eley, Eyster, Espy, Fitts, Foster, Freeman, Glover, Graham (Montgomery), Graham ( Talladega ) , Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin ^Randolph), Henderson, Hood, FFowze, Inge, Jones (Bibb), •Tones (Wilcox),, Kirk, Knight, Led better, Locklin, Lomax, Long (Walker), Lowe ("Jefferson), Macdonald, Malone, Martin, 1316 JouRiSAL OF Alabama Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, 3[urpbree, NeSmith, Norman, Norwood, ' Gates, O'Neal (Lauderdale), Opp, O'Kear, Palmer, Parker (Cullman), Parker (Elmore), Pettus, Phillips, Pillans, Pitts, Proctor, Reese, Rogers ( Lowndes ) , Samford, Sanford, Sean-j, Selheimer, Smith (Mobile), Suiith, Mac. A. Smith, Morgan M., Sollie, Spears. Spragins, Stewart, Thompson, Vaughan, Wacldell, Walker, Watts, Weakley, Weatherly, Wliite, Whiteside, Williams (Barbour), Williams (Marengo), Wilson (Clarke), Wilson ( Washington ) , Winn— 109. Messrs. Byars, Foshee, NAYS. Porter— 3. The Article on Municipal Corporations was read a third time at length, as follows, and adopted : Yeas, 102; nays, 4. MUNICIPAL CORPORATIONS. Section 1. No person, firm, or association or corpora- tion shall be authorized or permitted to use the streets, avenues or alleys and public places of any city, town or Tillage for the construction or operation of any public utility or private enterprise, without the consent of the proper authorities of such city, town or village being first had and obtained. Constitutional Convention. 1317 Sec. 2. The General Assembly sliJiU not eiuict any law which will permit a person, firm, corporation or asso- I'iation of any character to pay privilege license or other tax to the State of Alabama, and relieve him or it from the payment of all other privilege and license taxes in the State. Sec. 3. No connty, city, town, village, district or other political subdivision of a county shall have authority,, or be authorized by the General Assembly, after the rati- fication of this Constitution, to issue bonds, unless such issue of bonds shall have first been approved by a ma- jority vote by l)allot of the qualified voters of such county, cit}^, town, village, district or other i)i>litical sub- division of a county, voting upon such proposition. In determining the result of any election held for this pur- pov«,e no vote shall be counted as an affirmative vote which does not sliow on its face that such vote was cast in ap- proval of such issue of bonds. This section shall not ap- ply to the renewal, refunding or re-issue of bonds law- fully issued, nor prev(Uit the issuance^ of bonds in cases where the same have been authorized by laws enacted prior to the ratification of this Constitution, nor shall this section apply to obligations incui'red or bonds to be issued to procure means to pay for street and sidewalk improvements, or sanitary or stoi-m water sewers, the cost of which is to be assessed in whole or in part against the property abutting said improvements, or drained by such sanitary or storm water sewers. No city, town, or other municipality shall make any assessments for the cost of sidewalk or street paving, or for the cost of the construction of any sewers against prop- erty abutting on such street or sidewalk so paved or drained l>y such sewers in excess of obligations al- ready existing, or from issuing bonds already authorized by la^y; proyidedj the proyisions of this section shall not ai^ply to the cities of Sheffield and Tuscumbia. Sec. 5. Xo city, town, village or other municipal cor- poration other than provided for in this article shall levy or collect a higher rate of taxation in any one year on the property situated therein than one-half of 1 per ■centum of the value of such property as assessed for State taxation during the preceding year; provided, that for the purpose of paying debts existing on the 6th day of December, 1875, and tlie interest thereon a tax of 1 per centum may be levied and collected, to be applied exclusively to the payment of such indebtedness; and provided further, that this section shall not apply to the €ity of Mobile, which city may, from and after the rati- fication of this Constitution, levy a tax not to exceed the rate of three-foui'ths of one per centum, to pay the ex- penses of the city government, and may also levy a tax not to exceed three-fourths of one per centum to pay the debt existing on the 6tli day of December, 1S75, with the interest thereon, or any renewal of such debt; and pro- vided further, that this section shall not apply to the cities of Birmingham and Huntsville, which cities may levy and collect a tax not to exceed one-half of one per centum in additinn t(» tlie tax of one-half of one per cen- tum as hereinabove allowed to be levied and collected, such special tax to be applied exclusively to the payment of interest on the bonds of said cities of Birmingham and Huntsville, as heretofore issued in pursuance of law or now authoi'ized by laAv to be issued, and for a sinking fund to pay off said bonds at the maturity thereof; and provided further ,that this section shall not apply to the cities of Troy, Attalla, Gadsden, Bessemer, Wooodlawn, Brewton, Pratt City, Ensley and Wylam and Avondale, Avhich cities may, from and after the ratification of this Constitution, levy and collect an additional tax not ex- ceeding one-half of one ])er centum per annum, and pro- vided further, that this section shall not apply to the cities of Decatur and New D(M-;itnr, rnllman, which Constitutional Convention. 1310' ■cities may from ami after the ratification of this Cousti- tiitioii, lev3' ami collect an additional tax not exceeding three-tenths of one per centnm. Such special tax to be .:api)lied exclusively to paying" the current expenses of the public schools, to public imx)i-ovements, and to the pa}'- nient of the current expenses of their city governments; "but this additional tax shall not be levied unless author- ized by a majority A'ote of the qualified electors voting at a special election held for the purpose of ascertaining Avhether or not said tax shall be levied; and provided further that tlu^ i)nrpr.se for Avliich such special tax is sought to l)e levied shall be stated in such election call, and if authorized the revenue derived from such tax shall be used for no other purpose than that stated; and pro- vided further, that the additional tax authorized to be levied l)y the city of Troy shall, when so levied and col- lected, be used exclusively in ]>ayments of bonds and in- terest coupons thereon hereafter issued in the adjust- ment of the present bonded indebtedness of said city; and provided further that this section shall not apply to the city of Montgomei-y, which city shall have the right to levy and collect a tax of not exceeding one-half of one percentum per year upon the value of the taxable prop- erty therein, as fixed for State taxation, for general ex- penses, and an additional tax of not exceeding three- fourths of one per centum per year upon the value of the property therein, as fixed for State taxation, to be de- voted exclusively to the payment of its public debt, in- terest thereon, and rene\>al thereof, and to tlu^ mainten- ance of its public schools and public conveniences; and provided further, that this section shall not apply to the town of Andalusia, which town may levy and collect a tax not to exceed one-half of one per centum in addi- tion to the tax of one-half of one percentum, as herein- "before allowed to be levied and collected; such special tax to be applied exclusively to the payment of interest on bonds of said town of Andalusia now authorized by law to lie issued ; and for a sinking fund to pay off said bonds at the maturity thereof. Sec. B. Any person, firm, association or corporation, who may construct or operate any public utility along or 1320 Journal of Alabama across the public streets of any iiumicipal eorporatioii,. under auv privilege or franchise permitting such con- struction,"^ in or through said municipal corporation, shall be liable to abutting proprietors for the actual damages done to the abutting propert}^ on account of such construction or operation. YEAS.. Messrs. President, Almou, Altman, Ashcraft, Banks, Barefleld, Beddow, ! lethune, Blackwell, Boone, Brooks, Browne, Bui;nett, Burns, Cardou, Carmichael (Colbert; Chapman, Cobb, Coleman (Greene), Coleman (Walker), Cornwell, Craig, Davis (DeKalb), Davis (Etowah), Dent, Duke, Eley, Eyster, "^/•^OV, Fitts, Foster, Freeman, (iilmore, (Hover, Craliam (Montgomery), (Jrahaiu (Talladega).. (Jrant, Grayson, ( Jreer ( Calhoun), Greer (Perry), Handley, Harrison, II ell in (Kandolph), Henderson, Hnod, How ze, Inge, .1(mes (Bibb), •Tones ( \Vilcox), Kirk, Knight, Ledbetter, Locklin, Lomax, Long (Walker), Lowe (Jefferson), Macdonald, Mai one, Martin, Maxw.-ll, Alerrill. Miller (Marengo), Miller (Wilcox), Moody, Constitutional Con vention. 1321 Miirphree, NeSmitli, Norman, ]!'Cor\vood, O'Neal (J^auderdale), Opp, O'Kear, Palmer, Parker (Cullman), Parker (Elmore), Pettus, Lilians, Pitts, Proctor, Rogers ( Lowndes ) , Sam ford, Sanders, Searcy, Sellieimer, Smith (Mobile), Smith, Mac. A., Smith, Morgan M. So] lie, Spears, Spragins, Stewart, Thompson, Vaughan, Waddell, Walker, Watts, ^^'eakley, ^Vhite, " Whiteside, AMlliams ( Barbour ) , Williams ( Marengo ) , Wilson (Clarke), ^Vilson ( Washington ) , Winn— 1U2. NAYS. Messrs. Bjars, Cofer, Gates, Sanford — 4. The Article on Exemptions was read a third time at length, as follows, and adopted: Yeas, 106 j nays, 1. Section 1. The personal property of any resident of this State to the value of |1,000, to be selected by such resident, shall be exempted from sale on execution, or other process of any court, issued for the collection of any debt contracted since the thirteenth day of July, 1868, or after the ratification of this Constitution. Sec. 2. Ever}' homestead, not exceeding 80 acres, and the dwelling and appurtenances thereon, to be selected by the owner thereof, and not in any city, town or vil- lage, or in lieu thereof, at the option of the owner, any lot in a city, town or village, with the dwelling and ap- purtenances thereon owned and occupied by any resi- dent of this State, and not exceeding the value of |2,000,. 1322 Journal of Alabama shall be exempt from sale ou execution or anj other pro- cess from a court, for any debt contracted since the thirteenth day of July, 18(58, or after the ratification of this Constitution. Such exemption, however, shall not extend to any mortgage lawfully obtained, but such mortgage, or other alienation of said homestead by the owner thereof, if a married man, shall not be valid with- out the voluntary signature and assent of the wife to the same. Sec. 3. The homestead of a family, after the death of the owner thereof, shall be exempt from the payment of any debt contracted since the thirteenth day of July, 1868, or after the ratification of this Constitution, in all cases, during the minority of the children. Sec. 4. The provisions of Sections 1 and 2 of this article shall not be so construed as to prevent a labor- ers' lien for work done and performed for the person claiming such exemption, or a mechanic's lien for work done on the premises. Sec. 5. If the owner of a homestead die, leaving a widow, but no children, such homestead shall be ex- €!mpt, and the rents and profits thereof shall inure to her benefit. Sec. 6. The real or personal property of any female in this State, acquired before marriage, and all prop- erty, real or personal, to which she may afterwards be entitled by gift, grant, inheritance or devise, shall be and remain the separate estate and property of such female, and shall not be liable for any debts, obligations and engagements of her husband, and may be devised or bequeathed by her, the same as if she was a feme sole. Sec. 7. The right of exemption hereinbefore secured, luay 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 liv one witness. Constitutional Convention. 132^ YEAS. Messrs. President, AlmoLi, Altman, Ashcraft, I>;niks, Barefield, Beddow, Betbune, Blackwell, Brooks, Browne, Bulger, Burnett, Burns, Cardon, Carraichael (Coffee), Chapman, Cobb, Cofer, Coleman (Greene), Coleman ( Walker), Cornwell, Craig, Davis (DeKalb), Davis (Etowah), Dent, Elev, Eyster, Espy, Fitts, Foster, Freeman, Cilniore, Glover, Graham (Montgomery), (ir;ili;iiii ( Talhidega), Grant, Grayson, Greer (Calhoun), Greer (Perry), Flandley, Harrison, Heflin (Randolph), Henderson, Hood, Howze, Inge, Jenkins, Jones, ( Bibb) , Kirk, Knight, Ledbetter, Locklin, Lomax, Lowe ( Jefferson ) , ?iracdonald, Malone, Martin, :\[jixwel!, >[errill, ^ [ i 11 er ( Marengo ) , Miller (Wilcox), Moody, Murphree, NeBmith, Norman, Norwood, Gates, O'Nea 1 ( Lauderdale ) , Opp, G'Rear, Palmer, Parker (Cullman), Parker (Elmore), J»ettus. Pillans, Pitts, Porter, 1324 Journal of Alabama Proctor, Keese, liOgers ( Lowndes ) , Sam ford, Sanders, Sanford^ Searcy, Selheimer, Smith (Mobile), Smith, Mac, A., Smith, Mors^an M. Sollie, Spears, Spragins, Stewart, Thompson, Vaughan, Waddell, Walker, Watts, Weakley, White, ' Whiteside, Williams (Barbour), Williams (Marengo), Wilson (Clarke). Wilson (Washington) ^Vinll— 10(). XAYS. Mr. Byars — 1. RKrORT OF THE C0M:MITTEK OX AMKNDIXCx THE COXSTITU- TIOX AXD MISCELLAXEOrS PROYISIOXS. Mr. Foster, chairman of the Committee on Amend- ing the C(mstitntion and Miscellaneous Provisions, submitted the following report, which was read at length and laid on the table, and 300 copies of the same Avere orrt to table tlie amendment offered hy Mr. Dent. The motion prevailed and the amendment was laid upon the table. Mr. (Iraham of Talladega offered the following- amendment to Section 5: Amend Section 5 bv adding at the end thereof the following: "And provided further, that nothing here- in contained shall prevent the Legislature from first providing for the payment of the State's bonded in- debtedness and interest thereon out of all the revenues of the State." The amendment was adopted. On motion of Mr. Graham of Talladega Section 5, as amended, was adopted: Yeas, 81; nays 19. YEAS. Messrs. President. Almon, Altman, Ashcraft, Barefiold, Bartlett, Beddow, Bethune, Black well, Boone, Browne, liulger, Burnett, Byars, Gardon, Carmichael (Colbert), Cobb, Gofer, Coleman (Greene), Davis (DeKalbK Davis (Etowah ), Evster, Espy, Ferguson, Fletciier, l\)shee, i'oster, I'rceman, i lilmore, Glover, Griham ( Talladega ) , Grant, Grayson, Greer (Perry), Handley, Deflin (Randolph), f [owze, Inge, J.^ckson, Jenkins, Jones (Bibb), Jones (Wilcox), ICirk, Knight, Constitutional Convention. 1327 Led better, i.ockJin, Lowe (Jefferson), Lowe (Lawrence), ^Mncdonald, Malone, Martin, ^Maxwell, Miller (Marengo), .Mil 1(1- ( Wileox i, Miilkty, Norman, Xnrwood, O'Xeal (Lauderdale), Opp, O'Rear, Palmer, Parker (Cullman), Parker ( Elmore ) , Pettiis, Phillips, Pillans, Porter, Proctor, lieese, Rogers ( Lowndes ) , Sanders^ Smith ([Mobile), Smith, Mac. A., Spragins, Stewart, T]\ompson, White, Williams (Barboup), Wilson (Clarke), Wilson (Washington) — SL NAYS. Messrs. Banks, iMtir^, Chapman, San ford, Craig, Scarc.y, Dent, Selheimer, Elev, Vaiighan, Henderson, \A'addell, Jones ( Montgomery) , Wal ker, Merrill, Watts, Murphree, Whiteside- Oates, -19. TAIRS ANNOT^NCED. The following pairs were announced : Messrs. Fitts and Winn, Greer of Calhoun and Har- rison, Long of Walker and Jackson. Messrs. Fitts, Greer of Calhonn and Long of Walker would vote aye; and Messrs. Winn, Harrison and Jackson would vote nay. 1328 Journal of Alabama reconsideration. Mr. Long of Walker moved to reconsider the vote by which Section 5 of the Article ou Education was adopted and then moved to lay his motion to reconsider ou the table. Mr. Long of AValker thereupon moved a suspension of the rules in order to proceed to the immediate con- sideration of his motion to reconsider. The motion to suspend the rules was lost. ADJOURNMENT. Pending the further consideration of the report of the Committee on Education, ou motion of Mr. Cobb the ConX^ention adjourned until 9 o'clock to-morrow mornin"". SEVENTY SECOND DAY. Convention Hall. Montgomery, Ala., Thursday, August 15, 1901. The Convention met pursuant to adjournment. Prayer was offered by Rev. Mr. Howell of the Conven tion. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : Messrs. President, Beavers, Altman, Beddow, Ashcraft, Bethune, Banks, Rlackwell, Barefield, Boone, Bartlett, Brooks, Constitutional Convention. 1329 Browne, Bulger, Burnett, Burns, Byars, Cardon, Carmicbael (Colbert), Carmicliael (Coffee), Chapman, Cobb, Cofer, Coleman (Greene), Craio', Cviuningham, Davis (DeKalb), Davis (Etowab), Dent, Eley, Eyster, Espy, Pitts, Foster, Freeman, Gilmore, Clover, Grabam (Talladega), Grant, Grayson, Greer (Calboun), Greer (PerryJ, Handley, Harrison, TTeflin (Randolph), Henderson, Hodges, Hood, Howell, Howze, Inge, Jackson, Jones (Bibb), 84 Jones (Wilcox), Kirk, Knight, Kyle, J-ockliu, Lorn ax, Lowe (Lawrence), McMillan (Baldwin), .Mc.^Iillan (Wilcox), Malone, Martin, Maxwell, Merrill, Moody, Mulkey, Mnrphree, \e Smith, Norman, Norwood, O'Neal (Lauderdale), Opp, O'Rear, Palmer, Parker (Cullman), Pearce, Pettus, Phillips, Pillans, Pitts, Porter, Pro<-tor, Rogers (Lowndes), Samford, Sanders, Sanford, Searcy, Selheimer, Sloan, Smith (Mobile), Smitb, Mac. A. Smith, Morgan M., 1330 Journal of Alabama Stewart, Watts, Studdard, AVeakley, Tayloe, Weatlierlj^, Thompson, White, Vauiihaii, Whiteside, Waddell, Williams (Barbour), Walker, Winn— 107. QUESTION OF PERSONAL PRIVILEGE. Messrs. Heflin of Chambers, and Waddell arose to questions of personal privilege, and proceeded to state their question of personal privilege, LEAVE OF ABSENCE Was granted to Messrs. Oates, Macdonald for to-day ; Ledbetter for to-day and to-morrow; Porter for Friday,, Saturday and Monday ; Gilmore for Friday and Satur- day; Duke and Haley for to-day. REPORT OF THE COMMITTEE ON THE JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in : The Committee on the Journal beg leave to report that they have examined the Journal for the seventy-first day of the Convention, and that the same is correct. Eespectfull}^ submitted, John F. Proctor, Chairman. On motion of ^Mr. White, the Committee on Order, Con- sistency and Harmony of the Whole Constitution, was granted leave to sit during the sessions from day to day the remainder of the session of the Convention. PRIVILEGES OF THE FLOOR. On motion of ^Ir. ]\rac. A. Smitli tl)e privileges of the floor were extended to Hon. H. A. Livingston. Constitutional Contention. 1331 resolutions on first reading. The following resolutions were introduced, severally read one time at length, and referred to appropriate committees as follows : Resolution 299, by Mr. Burns : Resolved, That there should be no attempt to shut off delegates who nmy desire to offer ordinances, resolu- tions or amendments, by motions to table or calling the previous question. The resolution was referred to the Committee on Rules. Resolution 300, by Mr. Cardon: Whereas, It is now beyond all reasonable doubt ap- parent that many of the sections of this State believe that all persons now in office in Alabama, or that all per- sons who may hereafter be called upon to fill such offices, are for sale, the price being fixed by the amount of travel, in a year, that may be required or desired to take over the different railroads within this State; and Whereas, It is the desire and duty of this Convention to forestall this market by relieving such railroads from the necessity of making bids for or buying the officer;^ and servants of Alabama with railroad free passes, and also by removing from such officers and servants the temptation of selling themselves to such railroads at the price of a railroad free pass;' Be it therefore resolved hj the people of Alabama in Convention assembled, that all the railroads within the State of Alabama be and they are hereby re(iuired to issue free passes over the lines of such railroads within this State to all the judges of courts of record in Ala- bama, and to all the officers of such courts; and also to all the State officers of Alabama, and to their employes ; and also to all members and employes of the future Leg- islatures of this State ; and also to all delegates to any State Convention that mnj be hereafter called in Ala- bama. The resolution was referred to the Committee on Corporations. Resolution 301, by Mr. Rogers, of Lowndes : 1332 Journal of Alabama Resolved, That after this Convention has adopted this Constitution that five thousand (5,000) copies of it be printed in pamphlet form, for distribution throughout the State, and that six (G) copies be sent to each mem- ber by the Secretary of the Convention; that the Com- mittee on Printing- be instructed to contract for the printing and distribution of the same and report to the Convention the cost of the same. The resolution was referred to the Committee on Schedule, Printing and Incidental Expenses. Resolution 302, by Mr. Sloan: Resolved, That hereafter this Convention meet in the afternoon sessions at 3 o'clock and adjourn at 6 o'clock. The resolution was referred to the Committee on Rules. Resolution 303, by Mr. Heflin, of Chambers: Whereas, The Article on Judiciary has been laid upon the table, and Whereas, The Judiciary Committee has indefinitely postponed an ordinance which provides for electing Soli- citors by tlie General Assembly and retaining the pres- ent Circuit Solicitor system, and Whereas, The Convention desires ordinance No. — reported back speedily and favorably to the Convention. Be it resolved, That a special committee be raised for the purpose of considering and reiDorting said ordinance No. — , and said committee shall be composed of the President of this Convention, Smith of Mobile, White, Coleman of Greene, Gates, O'Neal of Lauderdale, Gra- ham of Talladega, Browne, Jones of Montgomery, Lo- max, Harrison, Pitts, Howze, Wilson, Fletcher, Weak- ley, Parker of Cullman, Hood, Foster, Proctor, Heflin of Randolph. The resolution was referred to the Committee on Rules. ORDINANCES ON FIRST READING. The following ordinances were introduced, severally read one time at length, and referred to appropriate committees as follows: Constitutional Convention. 1333 Ordinance 452, "by Mr. Coleman, of Greene : Providing for the election of Solicitors for each Judi- cial circuit in the State. The ordinance was referred to the Committee on Judiciary. Ordinance 453, by Mr. Poshee : Providing for the registration of colored electors. The ordinance was referred to the Committee on Suffrage and Elections. Ordinance 454, by Mr. Sanford : To repeal that part of Section 11 of the Article on Municipal Corporations which affects the city of Mont- gomery. The ordinance was referred to the Committee on Municipal Corporations. Ordinance 455, by Mr. Heflin, of Chambers: Providing for the adoption of an article on the Judi- cial department. The ordinance was referred to the Committee on Judiciary. ORDINANCE 455. Mr. Heflin of Chambers moved that the rules be sus- pended and that ordinance 455 be laid upon the table, to be taken up and referred to the special committee pro- posed to be raised under resolution 303, introduced by himself. The motion of Mr. Heflin of Chambers was lost : Yeas^ 21 ; nays, 77. YEAS. Messrs. Barefleld, Heflin (Chambers), Burns, Heflin (Randolph), Carmichael (Colbert), Inge. Carmichael (Coffee), Jackson, Glover, Jenkins, Grayson, Jones (Wilcox), Greer (Calhoun), Fv night, Handley, Lomax, 1334 JouENAL OF Alabama Lowe (Jefferson), Proctor, Opp, Sanford, O'Rear, Sentell, Parker (Cullman), Smith, Morgan M. — 24. NAYS. Messrs. Altman, Howze, Ashcraft, •lones (Bibb), Banks, Kyle, Bartlett, Long (Walker), Beddow, Lowe (Lawrence), Blackwell, Mc^Iillan (Baldwin). Boone, Mai one, Brooks, jMartin, Bulger, Miller (Wilcox), Burnett, Moody, Byars, Mulkey, Cardon, IMurphree, <3liapman, NeSmith, Cobb, Norman, Cofer, O'Neal (Lauderdale), Craig^ Palmer, Davis (DeKalb), Parker (Elmore), Davis (Etowah), Pcttn.s. Dent, Pillans, Eley, Pitts, Eyster, Porter, Espy, Reynolds (Chilton), Fitts, Sam ford. Foshec, Sanders, Freeman, Selheimer- Gilmore, Sloan, Graham ( Montgomery ) , Smith, Mac. A., Graham (Talladega), Spears, Grant, Spragins, Greer (Perry), Stnddard, Henderson, Tayloe, Hodges, Thompson, Hood, Van all an. Howell, Waddell, Constitutional Convention. 1335 Walker, Williams (Barbour), Watts, Wilson (Clarke), Weakley, Wilson (Washington), White, Wirn — 77. Whiteside, PAIR ANNOUNCED, Tlie fo]lowin«4 pair was announced : Messrs. Williams of Marengo and Smith of Mobile, yiv. AVilliams of Marengo would vote aye; and Mr. Smith of ^lobile would vote nay. Mr. Heflin of Chambers moved that the Convention resolve itself into a committee of the whole. Mr. Graham of Talladega raised the point of order that under the rules that all ordinances must be referred to appropriate committees immediately after the first reading. The point of order was sustained, and the resolution (255) was referred to the Committee on Judiciary, UNFINISHED BUSINESS, The Convention proceeded to the consideration of the unfinished business, which wa^^ the report of the Com- mittee on Education. section six. Was read at length as follows and adopted. Sec. 6. Not more than 4 per cent, of all moneys raised or which may hereafter be appropriated for the support of public schools, shall be used or expended otherwise than for the payment of teachers employed in such schools; provided, that the General Assembly may, by a vote of two-thirds of each House, suspend the opera- tion of this section, section seven. Was read at length as follows, and adopted : Sec. 7. The supervision of the public schools shall be 1336 Journal of Alabama vested in a Superintendent of Education, whose powers, duties and compensation shall be fixed hj law. SECTION EIGHT. Was read at length as follows, and adopted : Sec. 8. No money raised for the support of the public schools of the State shall be appropriated to or used for the support of any sectarian or denominational school. SECTION NINE. Was read at length as follows : Sec. 9. The State University and the Agricultural and Mechanical College, now called the Alabama Poly- technic Institute, 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 Con- gressional district in which the University is located, and one from each of the other Congressional districts in the State. The Board for the Agricultural and Me- chanical College shall consist of two members from the Congressional district in which the college is located and one from each of the other Congressional districts in the State, said Trustees shall be appointed by the Governor by and with the advice and consent of the ' Senate, and shall hold office for a term of six years and until their successors shall be appointed and qualified. After tlie, first apix>intment each Board 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 biennially. No Trustee shall receive any pay or emolu- ment other than his actual expenses incurred in the dis- charge of his duties as such. The Governor shall be ex- offlcio President, and the Superintendent of Education ex-officio member of each of said Boards of Trustees. The following minority rejport to %ction 9 was read at lenffth as follows: Constitutional Convention. 1337 Therefore, the undersigned minority of your Com- mittee on Education recommends that the words "each of said Boards of Trustees" at the end of Section 9 of the report he stricken out, and tbat there shall be added in lieu thereof the words "the Board of Trustees of the Alabama Polytechnic Institute. The Superintendent of Education shall be ex-officio a member of the Board of Trustees of the University; and the said board shall elect its own president." Mr. Foster offered the following substitue for the minority report to Section 9 : Amend minority report on Section 9 of Article on Education by striking out of said Section all therein that applies to the State University, and by adding at the end of Section the following : "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; and the Superin- tendent of Education, and the Governor, who shall be ex-officio president of the Board. The members of the Board of Trustees now existing shall hold office until their respective terms expire under existing law, and until their successors shall be elected and confirmed as hereinafter required. When the term of any member of such board shall expire, the remaining members of the board shall, by secret ballot, elect his successor. At every meeting of the Legislature the Superintendent of Education shall certify to the Senate the names of all who shall have been so elected since the last session of the Legislature, and the Senate shall confirm or reject them, as it shall determine as for the best interest of the University, If it reject the names of any members, it shall thereupon elect trustees in the stead of those re- jected. The trustees who shall hereafter be elected and confirmed shall hold office for a term of six years from the date of their confirmation or election by the Senate, and until their successors shall be elected and confirmed. No trustee shall receive any pay or emolument other than his actual expenses incurred in the discharge of his duties as such. 1338 Journal of Alabama Mr, Fitts offered the follo^ying• amenduient to the sub- stitute ottered bj Mr. Foster, which was adopted by unanimous consent : Add to the substitute the folk) wing words : "No trustee shall hold office for more than twelve successive .veecial assess- ment during a period of more tluin four years. \Mu^n any property belonging to a corporation, situated in a white school district where a special as- sessment is to be made as herein provided, such assess- ment shall be levied upon such proportion of the value of such property as the number of white children of school age in the county bears to the whole number of children of school age in the county. When such prop- erty is situated in a colored school district where such assessment is made, it shall be levied u])ou such proportion of the value thereof as the number of colored children of school age in the county bears to the whole- number of children of school age in the county. Constitutional Convention. 1343 RECESS. Pending the further consideration of the report of the Committee on Education, the hour of 1 o'clock having arrived, under the rules, the Convention recessed until 3 :30 this afternoon. AFTERNOON SESSION. The Convention met pursuant to adjournment. ROLL CALL. On a call of the roll of the Convention, the following delegates answered to their names, which constituted a quorum : Messrs. President, Ashcraft, Banks, Bartlett, Beavers, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Burns, Byars, Pardon, Carmichael (Colbert), Chapman, Cobb, Cofer, Coleman (Greene), Coleman (Walker), Craig, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, Eley, Eyster, rCspy, I'^itts, Fosliee, Foster, Freeman, (th)ver, Orahara (Talladega), Grant, Grayson, Greer (Calhoun), (Jreer (Perry), Randley, Harrison, Hefiin (Chambers), Hefiin (Randolph), FTeuderson, Hodges, Hood, Howell, Howze, Inge, :;1344 Journal ob^ Alabama Jackson, Jenkins, Jones (Bibb), Jones (Wilcox), Kirk, Knii>lit, Kyle, Ledbetter, Lomax, Long (Walker), Lowe (Jefferson), Lowe (Lawrence), Macdonald, McMillan (Baldwin), Malone, Martin, ^Maxwell, Merrill, Moody, Mulkey, Murphree, Norman, Norwood, O'Neill (Jefferson), O'Rear, Palmer, Parker (Cullman), Pectus, Phillips, Pillans, Pitts, Porter, Proctor^ Reese, Reynolds (Chilton), Reynolds (Henry), Ro<;ers ( Lowndes ) , Sam ford, Sanders, San ford, Searcy, Selheimer, Sen tell. Smith (Mobile), Smith, Mac. A., Smith, Morgan M,, Spears, Spragins, Stewart, Studdard, Thompson, Vaughan, Waddell, Walker, Weakley, White, Whiteside, Williams (Barbour), Wilson ( Washington ) QUESTION OF PERSONAL PRIVILEGE. Mr. Heflin of Chambers arose to a question of personal privilege, and proceeded to state his question of per- sonal privilege. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was the report of the Com- mittee on Education. Constitutional Convention. 1345 Tlie question recurred upon the adoption of the mi- nority report to Section 2, of the Article on Education. Mr. Graham of Talladega moved to table the amend- ment offered by the minority to Section 12 of the report of the Committee on Education. The motion to table prevailed: Yeas, 90; nays, 31. YEAS. Messrs. President, Altman, Bartlett, Beavers, Beddow, Bethune, Boone, Brooks, Browne, Burnett, Byars, Carmichael ( Colbert ) , Carmichael (Coffee), Chapman, Cobb, Cofer, Coleman ( Walker ) , Cunningham, Dent, Eley, Eyster, Espy, Ferguson, Fitts, Foster, Freeman, (rilmore, Glover, Graham (Montgomery), Graham (Talladega), Grant, 85 Greer (Calhoun), Greer (Perry), Uaiey, Handley, Harrison, E[end2rson, Hinson, Hood, Howell, Howze, Inge, Jackf^on, Jenkins, Jones (Montgomery), Jones (Wilcox), Kirk, Knight, Kyle, Lomax, Lowe (Jefferson), McMillan (Baldwin), Martin, Maxwell, Merrill, Miller (Wilcox), Mulkey, Murphree, NeSmith, Norman, Norwood, O'Neal (Lauderdale), 1346 Journal of AlaMma O'Neill (Jefferson), Palmer, Parker (Cullman), Parker (Elmore), Phillips, Pillans, Pitts, Proctor, Reese, Reynolds (Chilton), Rogers (Lowndes), Samford, Sanford, Searcy, Selheimer, Sentell, Sloan, Smith (Mobile), Smith, Mac. A.» Spears, Tayloe, Vaiighan, Waddell, Walker, Watts, White, Whiteside, Williams (Barbour), Winn— 00. NAYS. Messrs. Almon, Ashcraft, Banks, Barefield, Blackwell, Bulger, Burns, Cornwell, Davis (Etowah), Foshee, Grayson, Hefl i n ( Chambers ) , Heflin (Randolph), Hodges, Jones (Bibb), Locklin. Long (Walker), Lowe (Lawrence), Macdonald, Malone, Moodv, Opp, " O'Rear, Pettus, Sanders, Smith, Morgan M., Spragins, Thompson, Weaklev, Wilson''( Clarke) Wi Ison ( Washi ngton ) — 3 1 . Mr. Graham of Talladega offered the following^ fVmendment to Section 12, which was adopted: Amend Section 12, in line 9, after ligures 1875, by in- serting the following: "For which special county taxes not exceeding one-fourth of 1 per cent, may be levied and collected.'' Constitutional Convention. 1347 Mr. Graham of Talladega, cliairiiiau of the Committee on Education, offered the following amendment to Sec- tion 12, which was adopted : Amend Section 12 by adding at the end of line 13 the follo\^ing words, viz. : ''And provided that the provisions of this section shall not apply to the cities of Decatnr, New Decatnr and Cullman."' Mr. Cobb offered the following amendment to Section 12: Amend by adding to the close of Section 12 the follow- ing: ''And provided further that the Legislature may authorize the levying of said tax within the municipali- ties in said county, when no tax has l)een levied in the county for this purpose; i)rovided, that the levy of the same be authorized by a three-fifths vote of the qualified voters within such territorial limits as above provided." Mr. Fitts ottered the following amendment to the amendment offered by Mr. Cobb : Amend Section 12 as follows : Between lines 5 and 6 insert the follow- ing words : "And at such special election every single woman over the age of 21 years and owning in her own right |1,000 wortli of real estate, as shown by the as- sessment roll of the county, shall be enttitled to vote, which vote she may cast by a sealed ballot in writing, to be delivered to the election managers at the- place and within the hours fixed for the holding of the election." On motion of Mr, Long of Walker the amendment of Mr. Pitts was laid upon the table. Mr. Coleman of Greene off'ered the following amend- ment to the amendment offered by Mr. Cobb : Amend the amendment by adding the following : "Provided, that the funds raised by such taxation shall be distributed for the benefit of the school children of the county." Mr. Harrison moved to table the amendment offered by Mr. Colib and the amendment to the amendment of- fered by Mr. Colenmn of Greene. A division of the question was demanded. The amendment offered by Mr. Coleman of Greene was laid upon the table. The question recurred upon the motion to table the amendment offered by Mr. Cobb. 1348 Journal of Alabama The motion prevailed, and the amendment was laid upon the table, Mr. Whiteside moved to table Section 12 as amended. The motion was lost: Yeas, 37; nays, 82. YEAS. Messrs. Altman, Bartlett, Beavers, Bethiine, Burns, Byars, Carmichael (Coffee), Chapman, Cobb, Cofer, Fitts, Fletcher, Foshee, Foster, Freeman, Harrison, Henderson, Hinson, Howze, In, lie, Knight, Macdonald, Martin, Moody, Murphree, Phillips, Pitts, Proctor, Samford, Searcy, Spears, Studdard, Tayloe, Vaughan, Walker, Whiteside, Williams (Barbour) — 37. NAYS. Messrs. President, Almon, Ashcraft, Banks, Barefield, Beddow, Blackwell, Boone, Brooks, Bulger, Burnett, Carmichael (Colbert), Coleman (Greene), Davis (Etowah), Dent, Eley, Eyster, Espy, Ferguson, Gilmore, Glover, Graham (Montgomery), Graham ( Talladega ) , Grant, Constitutional CaNVENTiON. J349 Grayson, Greer (Calhoun), Greer (Perry), Handley, Heflin (Chambers), Heflin (Eandolph), Hodges, Hood, Fowell, Jackson, Jenkins, Jones (Bibb), Jones (Wilcox), Kirk, Kyle, Locklin, Lomax, Long (Walker), Lowe (Jefferson), Lowe (Lawrence), McMillan (Baldwin), Mai one. Maxwell, Merrill, Miller (Wilcox), Mulkey, NeSmith, Norman, Norwood, O'Neal (Lauderdale), O'Neill, (Jefferson), Opp, O'Kear, Parker (Cullman),. Parker (Elmore), Pettus, Pillans, Reese, Beynolds (Chilton), Rogers (Lowndes), Sanders, Selheimer, Sentell, Sloan, Smith (Mobile), Smith, Mac. A. Smith, Morgan M., Spragins, Thompson, Waddell, Watts, Weakley, White, Wilson (Clarke), Wilson ( Washington ) , Winn— 81. PAIRS ANNOUNCED. The following pairs were announced : Messrs. McMillan of Wilcox and Palmer, Carnathoti and Sorrell, Robinson and Cunningham. Messrs. Mc- Millan of Wilcox, Carnathon and Robinson would vote aye; and Messrs. Palmer, Sorrell and Cunningham would vote nay. ' The question recurred upon the adoption of Section 12 as amended. Section 12, as amended, was, on motion of Mr. Gra- ham of Talladega, adopted. 1350 Journal of Alabama adjournment. On m-otion of Mr. Barefield the Convention adjourned until 9 o'clock to-morrow morninc;. SEVENTY-THIRD DAY. Convention Hall. Montgomeiy, Ala., Friday, August 16, 1901. The Convention met pursuant to adjournment. Prayer was offered by Ilev. Mr. Andrews of the city. ROLL CALL, On a call of the roll of the Convention the follow- ing delegates answered to their names, which consti- tuted a quorum : Messrs. President, Carmichael ( Colbert) , Almon, Carmichael (Coffee)., Altman, Chapman, Ashcraft, Cobb, Banks, Cofer, Barefield, Coleman (Greene), Bartlett, Cornwell, Beavers, Craig, Beddow, Cunningham, Bethune, Davis (DeKalb), Black^-ell, Davis (Etowah), Boone, Dent, Brooks, Duke, Browne, Eley, Bulger, Eyster, Burnett, Ferguson, Burns, Fitts, Byars, Fletcher, Constitutional Convention. 1351 Foshee, Foster, Freeman, Glover, Graham (Montgomery), Graham (Talladega), Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Kandolph), Henderson, Hinson, Hodges, Hood, Howell, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Montgomery), Jones (Wilcox), Kirk, Knight, Kyle, Locklin, Lomax, Long (Walker), Lowe (Lawre^ce), Macdonald, Malone, Martin, Maxwell, Merrill, Mulkey, Murphree, NeSmith, Norman, Norwood, Gates, O'Neill (Jefferson), O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pettus, Phillips, Pillans, Pitts, Proctor, Reese, Reynolds (Chilton), Rogers (Lowndes), Samford, Sanders, Sanford, Searcy, Selheimer, Sentell, S^oan, Smith (Mobile), Smith, Mac. A. Smith, Morgan M., Sorrell, Sy)ears, Spragins, Stewart, Studdard, Tayloe, Thompson, "Vaughan, Waddell, Walker, 1352 JouRJVAL OF Alabama Watts, Williams ( Barbour )y Weakley, Wilson (Clarke), Weatherly, Wilson (Washington) White, Winn— 124. Whiteside, LEAVE OF ABSENCE. Was granted to Messrs. Reynolds of Henry for to-day and to-morrow ; Espy for to-day and to-morrow ; Cardon for to-day, Saturday and Monday ; Kirkland indefinitely. REPORT OF COMMITTEE ON JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in: The Committee on the Journal beg leave to report that they have examined the Journal for seventy- second day of the Convention, and that the same is correct. Respectfully submitted, John F. Proctor, Chair incui. RESOLUTIONS On FIRST READING. The following resolutions were introduced, severally read one time at length, and referred to appropriate committees as follows: Resolution 304, by Mr. Coleman, of Greene : Resolved, That the Article on Judiciary may be taken from the table, and when taken from the table that Sec- tion 28 thereof may be amended, revised or stricken out. The resolution was referred to the Committee on Rules. Resolution 305, by Mr. iBurns : Resolved, That the expenses of this Convention should be reduced, and that a recess of ten days without any pay except mileage should be taken, in order that the Committee on Harmonv niay make a complete report. The resolution was referred to the Committee on Rules. Constitutional Convention. 1353, Eesolution 306, by Mr. Lomax: Resolved, That ordinance 429, in reference to quad- riennal sessions of the Legislature be and the same is hereby withdrawn from the Committee on Legislative Department and that the said ordinance with the views of the minority of the committee thereon be printed and placed on the calendar. The resolution was referred to the Committee on Rules. Resolution 807, by Mr. President : Resolved, That the privileges of the floor be and they are hereby extended to Hon. G. W. Taylor, member of Congress for the First district; and to Hon. Oscar W. Underwood, member of Congress for the Ninth district of this State. The resolution was adopted. Resolution 308, by Mr. Opp : Resolved, That the privileges of the floor be extended to Hon. D. M. Powell, Senator from the Seventeenth district. The resolution was adopted. Resolution 309, by Mr. Kirk : Whereas, Two of our colleagues, Messrs. A, H. Car- michael and M. S. Carmichael are under serious afllic- tion by the loss of their brother; therefore be it Resolved, That the sympathy of this Convention is hereby extended to our brother delegates and to the family of the deceased. Resolved, That a copy of these resolutions be fur- nished to each of these delegates and to their father, the Hon. J. M. Carmichael. The rules were suspended and the resolution adopted by a rising vote. ORDINANCES ON FIRST READING. The following ordinances were introduced, severally- read one time at length, and referred to appropriate committees as follows: Ordinance 456, by Mr., Cofer : 1354 Journal of Alabama To authorize and require the Governor, State Auditor and State Treasurer to set apart certain sums of money of the State funds for the purpose of paying off and dis- charging the bonded indebtedness of the State. The ordinance was referred to the Committee on Taxation. RECOMMITTAL OF ORDINANCE. On motion of Mr. Jones of Montgomery ordinance 415 : *'For the relief of E. L. May," was referred to the Com- mittee on Schedule, Printing- and Incidental Expenses. ARTICLE ON JUDICIARY. Mr. Vaughan moved that the Article on Judiciary be taken from the table and placed upon its immediate pas- sage. ^Ir. Smith of Mobile moved to make the motion of Mr. y-d. ghan a special order for 11 o'clock to-day. Mr. Coleman of Greene moved to amend the motion of Mr. Smith of iMobile by making it 4 o'clock this after- noon. The amendment of Mr. Coleman of Greene was lost: Yeas, 55 ; nays, 60. YEAS. Messrs. President, Eley, Almon, Eyster, Barefield, Perguson, Beavers, Foster, Brooks, Glover, Browne, Grant, Burnett, Grayson, Burns, Greer (Calhoun), Carmichael (Colbert), Greer (Perry), Carmichael (Coffee), Tin nd ley. Cobb, Harrison, Coleman (Greene), rieflin (Chambers), Duke, neflin (Randolph), Constitutional Convention. 1855 Hinson, Howze, luge, Jacksou, Jenkins, Jones ( MontgomeryJ , Jones (Wilcox), Kirk, Locklin, Lomax, Long (Walker), Lowe (Jefferson), Maedonald, Martin, Norwood, O'Neal (Lauderdale), O'Neill, (Jefferson), Opp, O'Kear, Parker (Cullman), Reese, llogers (Lowndes), Sanford, Searcy, Selheimer, Sentell, Smith, Morgan M., Williams (Barbour), Wilson (Clarke) — 55. nays. Messrs. Altman, Ashcraft, Banks, Beddow, Bethune, Blackwell, Boone, Bulger, Byars, Cofer, Cornwell, Craig, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, Fletcher, Foshee, Freeman, Graham (Montgomery), Graham (Talladega), Hodges, Hood, Howell, Jones, (Bibb), Kyle, Lowe ( Lawrence ) , McMillan (Baldwin), Malone, Maxwell, Merrill, Miller (Wilcox), Moody, ^lurphree, NeSmith, Norman, Palmer, Parker (Elmore), Pettus, Phillips, Pillans, Pitts, TJeynolds (Chilton), Sanders, Sloan, Smith, Mac. A. 1356 Journal of Ai.abama Sorrell, Spears. Spragins, Stewart, Studdard, Tayloe, Thompson, Vaughan, Waddell, Walker, Watts, Weaklev, White, " Whiteside— 60. PAIRS ANNOUNCED. The following pairs were announced : Messrs. Carnathon and Chapman, deGraffenried and Fitts, Kniglit and ^liller of Marengo, Coleman of Wal- ker and jMulkev, Proctor and Porter, Williams of Ma- rengo and Smith of Mobile, Williams of Elmore and Mc- Millan of Wilcox, Wilson of W^ashington and Hender- son, Winn and Jones of Hale, Weatherly and Gates. Messrs. Carnathon, deGraffenried, Knight, Coleman of Walker, Proctor, Williams of Marengo, Williams of El- more, Wilson of Washington, Winn and Weatherly would vote aye; and Messrs. Chapman, Fitts, Miller of Marengo, Mulkey, Porter, Smith of Mobile, McMillan of Wilcox, Henderson, Jones of Hale, and Gates would vote nay. REPORT OF THE COM^^IITTEE ON SCHEDULE. PRINTING AND INCIDENTAL EXPENSES. Mr. Heflin of Randolph, chairman of the Committee on Schedule, Printing and Incidental Expenses, sub- mitted the following repoi-t, which was read one time at length, laid upon the table, and 300 copies ordered printed : Mr. President : , The Committee on Schedule, Printing and Incidental Expenses have instructed me to make the following par-, tial report, viz. : The committee has audited the accounts hereto at- tached and finds that the State of Alabama is indebted to the Ed. C. Fowler Company of Montgomerv, Ala., in the sum of |113.15. Constitutional Convention. 1357 We find that said State is indebted to the Brown Printing Company of Montgomery, Ahi., in the sum of f 464.45 for printing. We find that said State is indebted to J. W. Terry of Montgomery, Ahi., in the sum of $5 for the use of .a type- writer from July 24th to August the 24tli. All of the above accounts are for printing done, and for articles furnished to the State of Alabama for the use of the Constitutional Convention, and all of the above accounts are itemized as shown by bills hereto at- tached. Total amount |582.60, and we recommend the payment of the same. All of which is respectfully sub- mitted. John T. Heflin, Chairman Committee on Schedule, Printing and Inci- dental Expenses. LEGISLATIVE DEPARTMENT. Mr. Watts moved to take from the table his amend- ment to Section 17 of the Article on Legislative Depart- ment, and make it a special order for next Tuesday at 11 o'clock. The motion prevailed. RULES COMMITTEE. Mr. Sanders moved that the Ilules Committee be not allowed to sit during the session of to-day. INIr. Reese moved to table the motion of Mr. Sanders. The motion was lost. report of co]mmittee on rules. Mr. Harrison, acting chairman of the Committee on Rules, reported favorably with a substitute resolution 304. The substitute was read at length as follows : Substitute for resolution 304 : Resolved, That when the Article on Judiciary is taken from the table it shall be subject to amendment as though it had never been passed to a third reading. Mr. White moved to table the substitute for resolution 304, reported by the Committee on Rules. The motion to table was lost : Yeas, 57; nays, 58. 1358 Journal of Alabama YEAS. Messrs. Altman, Ashcraft, Banks, Bartlett, Beddow, Bethune, Blackwell, Boone, Brooks, Bulger, Byars, Cofer, Craig, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, Fletcher, Foshee, Freeman, Tri'liam (Talladega). Henderson, Hodges, Hood. Howell, •Tones (Bibb), Kyle, Lowe (Lawrence), Me:\rillan (Baldwin), Mai one, Maxw.-ll, Merrill, Miller (Wilcox), Moody, Murphree, NeSmith, Norman, Palmer, Parker (Elmore), Pettus, Phillips, Pitts, Pveynolds (Chilton), Sanders, Sloan, Smith. Mac. A., Sorrell, Spears, Spragins, Studdard, Tayloe, Vanghan, Walker, Watts, AYeakley, White, ' Whiteside^ — 57. NAYS. ^fessrs. President, Almon, Rarefield, Beavers, Browne, Burnett, Burns, Cobb, Coleman (Greene), Dnke, Eley, Evster, Ferguson, Foster, Clover, Crnnt. Cray son, Greer (Calhoun), Constitutional Convention. 1359 Oreer (Perfy), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Hinson, Howze, Inoe, Jackson, Jenkins, Jones ( Montgomery ) , Jones (Wilcox), Kirk, Locklin, Lomax, Long (Walker), Lowe (Jefferson), Macdonald, Martin, XoT\rood, O'Neal (Lauderdale), O'Neill, (Jefferson), Opp, O'lJear, Parker (Cullman), Pi Hans, Reese, Rogers (Lowndes), Samford, Sauford, Searcy, Selheimer, Sentell, Smith, Morgan M. Stewart, Waddell, Williams (Barbour), Wilson (Clarke), W^ilsou (Washington) -58. PAIRS announced. Messrs. Chapman and Carnathou, Cornwell and Car- michael of Colbert, Fitts {ind deCraffeuried, Cardon and Graham of Montgomery, Miller of Marengo and Knight, Mulkey and Coleman of Walker, Oates and Weatherly, Porter and Proctor, Smith of ^lobile and Williams of ^larengo, Thompson and Carmichael of Coffee, ^NIcMil- lan of Wilcox and Williams of Elmore, Jones of Hale and Winn. Messrs. Chapman, Cornwall, Pitts, Cardon, Miller of Marengo, Thompson and Carmichael of Coffee, McMil- Thompson, McMillan of Wilcox, and Jones of Hale would vote aye; and Messrs. Carnathon, Carmichael of Colbert, deGraffenried, Graham of Montgomery, Knight, Coleman of Walker, Weatherly, Proctor, Williams of Marengo, Carmichael of Coffee, Williams of Elmore, and Winn would vote nay. 1360 Journal of Alabama The question recurred upon the adoption of the sub- stitute for resolution 304 as reported by the Committee on Rules. The substitute was adopted : Yeas, 59 ; nays, 56. YEAS. Messrs. President, Almon, Barefield, Beavers, Browne, Burnett, Burns, Case, Cofer, Coleman (Greene), Duke, Eley, Eyster, Ferguson, Foster, Glover, Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Hinson, Howze, Inge, Jackson, Jenkins, Hessrs. Altman, Ashcraft. Jones (Montgomery), Jones (Wilcox), Kirk, Locklin, l^omax. Long (Walker), Lowe ( Jetferson), Macdonald, Martin, Norwood, O'Neal (Lauderdale), O'Neill (Jefferson), ■Opp, O'Rear, Palmer, Parker (Cullman), Pi Hans, Reese, . Rogers (Lowndes), Sam ford, Sanford, Searcy, Selheimer, Sentell, Smith, Morgan M., Stewart, Waddell, Williams (Barbour), Wilson (Clarke) Wilson (Wi^shing-ton) — 59. NAYS. Banks, Bartlett, Constitutional Convention. 1361 Beddow, Betbune, Blackwell, Booiie, Brooks, Bulger, Bjars, Cobb, Craig, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, Fletcher, Foshee, Freeman, Graham ( Talladega ) , Henderson, Hodges, Hood, Howell, Jones (Bibb), Kyle, Lowe (Lawrence), McMillan (Baldwin), Malone, Maxwell, Merrill, Miller (Wilcox), Moody, Murphree, NeSmith, Norman, Parker (Elmore), IVttns, Phillips, Pitts, Keyuolds (Chilton), S;inders, Sloan, Smith, Mac. A., Sorrell, Spears, Spragins, Stnddard, Tayloe, Vaughan, Walker, Watts, Weakley, ^Vhite, Whiteside— 56. PAIRS ANNOUNCED. The following pairs were announced : Messrs. Carnathon and Chapman, deGraffenried and Fitts, Graham of Montgomery and Cardon, Knights and Miller of Marengo, Coleman of Walker and Mulkey, Weatherly and Gates, Proctor and Porter, Williams of Marengo and Smith of Mobile, Carmichael of Coffee and Thompson, Williams of Elmore and McMillan of Wil- cox, Winn and Jones of Hale. Messrs. Carnathon, deGraffenried, Graham of Mont- gomery, Knight, Coleman of Walker, Weatherly, Proc- tor, Williams of Marengo, Carmichael of Coffee, Wil- liams of Elmore and Winn would vote aye ; and Messrs. 86 1362 Journal of Alabama Cliapman, Fitts, Cardon, Miller of Marengo, Miilkey, Gates, Porter, Smith of Mobile, Thompson, McMillan of Wilcox, and Jones of Hale would vote nay. The question recurred upon the motion of Mr. Vaughan to take from the table the Article on Judicial Department. The motion prevailed. Mr. Watts moved that the Article on the Judiciary Department be ordered to a third reading for adoption. Mr. Reese moved to table the motion of Mr. Watts. The motion to table prevailed: Yeas, 59; nays, 51. YEAS. Messrs. President, Almon, Bareiield, Beavers, Browne, Burnett, Burns, Cobb, Coleman ( Greene ) , Duke, Eley, Eyster, Ferguson, Foster, Glover, Grant^ Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Heflin ^Eandolpli), Hinson, Howze, Inge, Jackson, Jenkins, Jones (Montgomery), Jones (Wilcox), Kirk, Locklin, l^omax. Long (Walker), Lowe (Jefferson), Macdonald, .^hlrtin, Norwood, O'Neal ( Lauderdale) , O'Neill (Jefferson), ()])]., O'Rear, Palmer, Parker (Cullman), Pillans, Pitts. Beese, Bogers (Lowndes), Sam ford, Sanders, Searcy, Selheimer, Sentell, Constitutional Convention. 1363 Smith, Morgan M.. SteAvart, Williams (Barbour), Messrs. Altman, Ashcraft, Banks, Bartlett, Beddow, Bethune, Blackwell, Boone, Brooks, Bulger, Byars, Cofer, Craig, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, Fletcher, Foshee, Freeman, Graham (Talladega), Henderson, Hodges, Hood Howell, Jones (Bibb), Kyle, Lowe (Lawrence), McMillan (Baldwin), Wilson (Clarke) AMlson (Washington — 59. NAYS. Malone, Maxwell, Merrill, Miller (ATilcoxV Moody, Murphree, NeSmith, Norman, Parker (Elmore), Pettus, Phillips, . Keynolds ( Chilton )y Sanders, Sloan, Smith, Mac. A., Sorrell, Spears, Spragins, Studdard, Tayloe, Thompson, Vaughan, Waddell, Wailker, Watts, Weakley, White, ^ Whiteside— 57. pairs ANNOUNCED. The following pairs were announced : Messrs. Carnathon and Chapman, deGraffenried and Fitts, Graham of Montgomery and Cardon, Knight and Miller of Marengo, Weatherly and Gates, Proctor and Porter, Williams of Marengo and Smith of Mobile, Winn and Jones of Hale. 1364 Journal of Alabama Messrs. Carnathon, deGraffenried, Graham of Mont- gomery, Knight, AA'^eatherly, Proctor, Williams of Ma- rengo, and Winn would vote aye ; and Messrs. Chapman, Fitts, Cardon, Miller of Marengo, Gates, Porter, Smith of Mobile, and Jones of Hale would vote nay. Mr. Coleman of Greene offered the following substi- tute for Section 28 of the Article on the Judicial De- partment. Sec. 28. A solicitor for each judicial circuit prescribed by the Legislature, shall be elected by the qualified elect- ors of such circuit, who shall be learned in the law, and who shall, at the time of his election, and during his continuance in office, reside in the circuit for which he is elected, and whose term of office shall be four years, and who shall receive no other compensation than a salary to be prescribed by law, which shall not be increased during the term for which he was elected ; provided, that this article shall not operate to abridge the term of any Solicitor elected now in office, and, provided further, that the Solicitor elected in the year 1904 shall hold office for six years, and until their sucessors are elected and qualified; and provided further, that the Legislature may provide by law for the appointment by the Gover- nor or the election by the qualified electors of a county of a Solicitor for any eounty, or for any subdivision of a county. Mr. Walker offered the following substitute for the substitute offered by Mr. Coleman of Greene and Sec- tion 28 of the Article on Judicial Department: Sec. 28. A Solicitor for each Judicial circuit, or other territorial subdivision prescribed by the Legis- lature, shall be elected by the qualified electors of such circuit or other territorial subdivision, who shall be learned in the law, and who shall, at the time of his elec- tion, and during his continuance in office, reside in the circuit or other territorial subdivision for which he is elected, and whose term of office shall be four years, and who shall receive no other compensation than a salary to be prescribed by law, which shall not be increased during the term for which he was elected ; provided, that this article shall not operate to abridge the term of any Constitutional Convention. 1365 Solicitor elected iioav in office, and, provided further^ that the Solicitors elected in the year 1904 shall hold office for six j-ears, and until their sucessors are elected and (inalified; and provided further, that the Legislature may provide by law for the appointment by the Gover- nor or the election by the qualified electors of a county of a Solicitor for any county. Mr. Coleman of Greene asked unanimous consent to accept the substitute offered by Mr. Walker. Consent was granted, and the substitute was accepted- Mr. Wilson of Washington offered the following amendment to tlie substitute offered by Mr. Walker, which was adopted by unanimous consent: Amend by striking out the words "reside in the cir- cuit" and insert in lieu thereof the words "reside in a county in the circuit in which he i>rosecutes criminal cases." Mr. Lomax offered the following substitute for the substitute offered by Mr. Walker : A Solicitor for each Judicial Circuit and for such in- ferior courts and lesser subdivisions of the State as may be provided, shall be elected in such manner and for such terms and at such salaries as the Legislature may by law prescribe; provided that this section shall not affect the term of any Solicitor now in office. Mr. Graham of Talladega moved to table the substi- tute offered by Mr. Lomax. The motion prevailed and the substitute offered by Mr. Lomax was laid upon the table. The question recurred upon the adoption of the sub- stitute offered by Mr. Walker. The substitute was adopted. On motion of Mr. Hood the Article on Judicial De- partment was again ordered engrossed for a third read- ing and adoption. RECESS. The hour of 1 o'clock p. m. having arrived, under the rules the Convention recessed until 3 :30 o'clock tiiis afternoon. 1366 Journal of Alabama AFTERNOON SESSION. The Convention met pursuant to adjournment. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : Messrs. President, Almon, Altman, Ashcraft, Banks, Barefleld, Bartlett, Beavers, Beddow, Bethune, Blackwell, Boone, Brooks, Bulger, Burns, Byars, Chapman, Cobb, Craig, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, Duke, Eley, Evster, Fitts, Fletcher, Foster, Freeman, Olover, Graham (Talladega), Grant, Grayson, Greer (Calhoun), Greer (Perry), lialey, Handley, Harrison, ILertin (Randolph), Henderson, Hodges, Hood, Howell, Howze, Inge, Jackson, Jenkins, Jones, (Bibb), Jones (^lontgomery), Jones (Wilcox), Kirk, Knight, Kyle, Lowe (Lawrence), Mncdonald, ^rc:\rillan (Baldwin), ^NFalone, Martin, ^Maxwell, :\[crrill, ^Tiller (Marengo), Constitutional Convention. 1367 Miller (Wilcox), Moody, Murphree, NeSmith, Norman, Norwood, Opp, O'Rear, Palmer, Parker (Cullman), Pettna, Phillips, Pillans, Pitts, Keese, Eogers (Lowndes), Samford, Sanders, Sanford; Searcy, Selheimer, Sentell, Sloan, Smith (Mobile), Smith, Mac. A., Smitli, Morgan M. Sorrell, Spears, Spragins, Stewart, Studdard, Tayloe, Thompson, Waddell, Walker, Weakley, AAliite, ' Whiteside, Williams (Barbour), Williams (Elmore), Wilson (Clarke). Winn— 104. REPORT OF COMMITTEE ON ENGROSSMENT. Mr. Samford, chairman of the Committee on Engross- ment, submitted the following report, which was con- curred in : Mr. Prcsiident : Your Committee on Engrossment beg leave to report that they have examined and compared the following ordinances, to-wit: Ordinance No. 404, and ordinance on Impeachment, and find them correct. Wm. H. Samford, Chairman Committee on Engrossment. ARTICLE on third READING. The Article on Impeachments was read a third time fit longtli, as follows, and adopted: Yeas, 95; nays, 6. 1368 Journal of Alabama AN ORDINANCE. Be it ordained by the people of Alabama in Conven- tion assembled, that Article VII of the Constitution 130 stricken out, and the following article inserted in lieu thereof : ARTICLE VII. IMPEACHMENTS. Section 1. The Governor, Lieutenant Governor, See- ^•etarj^ of State, Auditor, Treasurer, Attorney General, Superintendent of Education, Commissioner of Agri- culture and Industries, and Judges of the Supreme Court may be removed from office for willful neglect of duty, corruption in office, incompetency, or intemper- ance in the use of intoxicating liquors or narcotics to such an extent, in view of the dignity of the office and importance of its duties, as unfits the officers for the discharge of such duties, or for any offense involving moral turpitude while in office, or committed under color thereof or connected therewith by the Senate sit- ting as a court for that purpose, under oath or affirma- tion on articles or charges preferred by the House of Representatives. Sec. 2. The Chancellors, Judges of the Circuit Court, Judges of the Probate Court, Sheriffs, Solicitors of the Circuits and Judges of the inferior courts, from which an appeal may be taken directly to the Supreme Court, may be removed from office for sljij of the causes speci- fied in the preceding section, by the Supreme Court, under such regulations as may be prescribed by law. Sec. 3. The Clerks of the Circuit or courts of like jurisdiction, of Criminal Courts, Tax Collectors, Tax Assessors < M-'nty Treasurers, County Superintendents of Education, Coroners, Justices of the Peace, Notaries Public, Constables, and all other county officers. Mayors, Intendents and all other offi- cers of incorporated cities and to\vns in this State may be removed from office for any of the causes specified in Constitutional Convention. 1369' Section 1 of this article, by the Circuit or other Courts of like jurisdiction, or Criminal Court of the county in which such officers hold their office, under such regu- lations as may be prescribed by law ; provided, that the right of trial by jury and appeal in such cases be se- cured. Sec. 4. The penalties in cases arising under the three preceding sections shall not extend heyond removal from office, and disqualifications from holding office, under the authority of this State, for the term for W'hich he was elected or appointed; but the accused shall be liable to indictment and punishment as pre- scribed by law. YEAS. Messrs. President, Glover, Almon, Graham (Talladega), Altman, Grant, Ashcraft, ( } r jiyson, Banks, Greer (Calhoun), Barefield, (rreer (Perry), Reavers, Haley, Beddow, Handley, Bethune, Harrison, Blackwell, Heflin (Randolph), Boone, Henderson, Brooks, Hodges, Bulger, Hood. Burns, I Ip, O'Kear, Palmer, Parker (Cullman), Pirkcr ( Elmore), Pettns, Pillans, Pitts, ''N'(^se, Rogers (Lowndes), Constitutional Convention. 1375- Samford, Sanders, Sanford, Searcj, Selheimer, Smith (Mobile) Spragins, Stewart, Stiiddard, Thompson, Waddell, Watts, ^A'eakley, White, "^ Williams (Elmore), Wilson (Clarke), Wilson (Washington) — 77 NAYS. Messrs. Altman, Bartlett, Bethune, Byars, Chapman, Cobb, Cofer, Dent, Haley, Harrison, Howze, 1 uge, Joiies (Bibb), Kyle, Loeklin, Long (Walker), Moody, Oates, Phillips, Smith, Mac. A., Spears, Walker, ^^■l!iteside, Williams (Barbour), AVilson ( Washirjxton ) — 25. Mr. Cofer offered the following amendment, to con- stitnte a new section to the Article on Education : Sec. — Be it further enacted that all appropriations made by the State to the University shall be credited in favor of the State upon the indebtedness of the State, as heretofore fixed, and ascertained by an act of the Gen- eral Assembly of Alabama; and the interest now i>aid by the State upon such indel)tedness shall be reduced in proportion to the amount paid by such appropriations. On motion of Mr. Graham of Talladega the amend- ment of ]Mr. Cofer was laid upon the table. Mr. White offered the following amendment, to con- stitute a new section, to the Article on Education : Amend hj adding a new section : 1376 Journal of Alabama Sec. 15. All funds derived from licensing the sale of vinous, spirituous or malt liquors shall be applied ex- clus-ively to the support of the public schools in the counties Avherein the same is collected. On motion of Mr. Long of Walker the amendment of- fered by Mr. White was laid uix)n the table. Mr. Samford offered the folloAving amendment, to con- stitute a new section to the Article on Education : Sec. — . The revenues derived from the sale of ferti- lizer tags, in excess of 10 cents per ton, shall be appro- priated to the maintenance of the public schools in the counties in which such fertilizer is used, in proportion to the amount of such fertilizer used in each county. On motion of Mr. Long of Walker the amendment was laid upon the table. On motion of Mr. Graham of Talladega, the Article on Education was ordered engrossed for a third reading and adoption. ADJOURNMENT. On motion of Mr. Graham of Talladega the Conven- tion adjourned until to-morrow morning at 9 o'clock. SEVENTY-FOURTH DAY. Convention Hall. Montgomery, Ala., Saturday, August 17, 1901. The Convention met pursuant to adjournment. Prayer was offered by Rev. A. L. Andrews of the city. ROLL CALL. On a call of the roll of the Convention the follow- ing delegates answered to their names, which constituted a quorum : 'Constitutional Convention. 1377 Messrs. President, Almon, Altman, Ashcraft, Banks, Barefield, Beavers, Beddow. Betliune, Blackwell, Boone, Brooks, Browne, Bulger, Burns, Byars, Chapman, Cobb, Cofer, Coleman (Greene), Craig, Davis (DeKalb), Davis (Etowah), Dent, Duke, Eley, Ejster, Ferguson, Fletcher, Foster, Freeman, Glover, Graham ( Montgomery ) , Graham ( Talladega ) , Grant, Grayson, Greer (Calhoun), X eakley, White, Whiteside, V\'iiliams (Barbour), Williams (Elmore), Wilson (Clarke), Wilson (Washington), ^^inn— 111. LEAVE OF ABSENCE. Was granted to Messrs. Inge for ]Monday and Tues- day; Foshee for yesterday, this afternoon and to-day; Hinson for to-day; Coleman of Walker for yesterday and to-day; Eley for this afternoon and Monday; Mer- rill, Dent, Opp and Sentell for this afternoon; Palmer, Greer of Calhoun, Freeman, Waddell for ^Monday; Wil- liams of Eliiior(^ for next week; Kirk and Smith of ]\ro- bile indelinitely; Coleman of Greene indefinitely. STENOGRAPHIC REPORT. Messrs. Cobb, Graham of ^Montgomery, Wilson of Washington, Dent, and Sanders called the attention of the Convention to certain errors in the stenographic re- ])ort of th(^ proceedings of yesterday. The re])()rt was ordered corrected. COXSTITUTIOXAL COXVENTION. 1379 PRIVILKGKS OF THE FLOOR. The ])rivi](\i;es of the tloor were extended to Dr. Heflin^ C. r. Whitsoii, :M. M. Baldwin, H. S. Doster and D. F. Greene. REPORT OF COMMITTEE OX THE JOURXAL. * The chairman of the Committee on the Jonrnal sub- mitted the following report, which was concurred in: The Committee on the Journal beg leave to report that they have examined the Journal for the seventy-third day of tlu^ Convention, and tluit the same is correct. Eespectfully submitted, John F. Proctor, Chairman. RECOMMITTAL OF ORDIX^VXCE. Mr. Foster, chairman of the Committee on Amending the Constitution and ^liscellaueous Provisions, returned to the Convention ordinance 451. Ordinance 451, by .Mr. Ledbetter : An oi'dinance to provide for the establisliment of a court liouse and jail at some point, to be determined by an election by the people, in that portion of Talladega county witlnn the limits of precincts numbered 0, 10, 11,. 12 and 13, in said county. And asked that it be referred to the Committee on State and County Boundaries. The ordinance A\nas re-referred to the Committee on State and County Boundaries. RESOLUTIOXS ON. FIRST READIXG. The following resolutions were introduced, severally read one time at length, and referred to ap])ropriate committees, as follows : Kesolution 310, by "Sir. Knight: Be it resolved that when this Convention adjourns to- day at 1 o'clock that it adjourn until Monday morning at 12 o'clock. Amendment by Mr. Pillans: 1380 JouR-XAL OF Alabama Amend by striking out all after the words "1 o'clock" and insert in lieu thereof the following : "That it adjourn to meet at 3 :30 and remain in session until 6 p, m. to- day, and adjourn until Monday at 12 m." The resolution, as amended, was adopted. Kesolution 311, by Mr. White: Whereas, It appears that the final adjournment of this Convention is likely to be delayed by the failure of the printer to properly furnish for the use of the Com- mittee on Harmony, printed copies of the articles adopted by this Convention; and Whereas, It is to the interest of the people of this State that this Convention complete its labors as soon as possible, now therefore Be it resolved. That the chairman of the Committee on Printing be and he is hereby instructed to interview the printer, and ascertain the cause of the delay, and if, in his opinion the printing can not be done prompth- by said printer, then he is hereby authorized to cancel the contract for such x^rinting and to have the same done ■elsewhere. The rules were suspended and the resolution adopted. Eesolution 312, by Mr, Burns : Whereas, Mixed bloods seldom inherit even the im- paired virtues of their progenitors, and in every section of our country are always found among the most vicious and vindictive class of citizenship, and Whereas, This Convention was called for the under- standing and for the purpose that white boys of Alabama should not be forced to compete with others, whose only qualification for suffrage lies in their ability to memor- ize; Resolved, That the following ordinance be referred to the Committee on Harmony, and that said committee be authorized to embrace it or any portion in the Article on Sutfrage and Elections: Ordinance : Be it ordained by the people of Alabama in Conven- tion assembled, that all bastards whose disabilities as such have not been removed by the Governor or some Chancellor or Circuit or City Judge, shall not be allowed to register or vote in this State. Constitutional Convention. 1381 The ordinance was referred to the Committee on Order, Consistency and Harmony of the Whole Consti- tution. ORDINANCES ON FIRST READING. The following ordinances were introduced, severally read one time at lengith, and referred to appropriate committees as follows: Ordinance 457, by Mr. Murphree : Providing for the support of indigent Confederate soldiers and indigent widows of Confederate soldiers. The ordinance was referred to the Committee on Legislative Department. Ordinance 458, by Mr. Parker, of Elmore : Relating to revoking the licenses or annulling con- tracts for public school teachers. The ordinance was referred to the Committee on Education. REPORT OF committee ON ENGROSSMENT. Mr. Samford, chairman of the Committee on Engross- ment, submitted the following report: Mr. President: Your Committee on Engrossment liave examined and compared the following ordinance : Ordinance 390, and find it correctly engrossed. Respectfully submitted, Wm. H. Samford, Chairman. The ordinance (.390) was read at length a third time, as follows, and adopted : Yeas, 83 ; nays, 2. ORDINANCE 390. An ordinance to provide for the establishment of a court house and jail at some point, to be determined by an election by the people, in that portion of St. Clair Avhich lies south and southeast of Back Bone Moun- tain, and which is embraced in precincts numbered 9^ 1382 Journal of Alabama 10, 11, 12, 13, 14, 15, 16, 17, 19, 20 and 21 in said -coimtv. And also to establish a court house and jail for Shelby c-ounty at some point on the Central of Georgia Ivailroad in Shelby couutv, to be determined by an elec- tion l)y the qualified yoters of that portion of Shelby county lying in precincts numbered 8, 0, 10, 11, 13, 14, 15, 16 and 18, in said county. Be it ordained by the people of Alabama in Conyen- tion assembled : First — That it shall be the duty of the Probate Judge of St. Clair count}' to order an election to be lield in precincts numbered 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20 and 21, in St. Clair count}', not later than sixty dajs after the ratificaition of the Con- stitution to be submitted by this Conyention, for a yote of the qualified electors in said pre- cincts upon the selection of a place \yithiu the territory embraced in said precincts, at which a court house and jail shall be erected and main- tained. Officers for such election shall be ap- jjointed, and tlie election in all things in ac- cordance ^yith the la\y governing general elections. Upon the ballot to be used at such election the names of all places to be voted on shall be printed, and the choice of the elector shall be indicated by a cross mark l)efore the place of his choice. The votes cast at such election shall be canvassed, tabulated, returns thereof made, and counted, in the same manner as is done in elections for Sheriff and other county officers. At the place receiving the highest number of votes at such election there shall be erected and maintained a court house and jail for the trial of all cases and the trans- action of all legal business originating in said precincts 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20 and 21. The venue of all actions and suits (other than such as are to be tried before Justices of the Peace) in which only residents of that portion of said St. Clair which lies south and southeast of Back Bone mountain are de- fendants, shall, except as otherwise provided by law. Constitutional Convention. 1383 be at the court house lierein provided for; provided, however, that Asheville, in St. Clair county, shall con- tinue to be the county set of said county until chan<»ed l)y A'ote of the (lualified electors residing- in that part of St. Chiir county which lies north and northwest of said Back Rone ^lountain. That it shall be the duty of the Judge of Probate of Shelby county to order an election to be held in pre- cincts numbered 8, 9, 10, 11, 13, 14, 15, 16 and 18, in Shelby county, not later than sixty days after the rati- fication of, the Constitution to be submitted by this Convention, for a vote of the qualified electors in said precincts for the selection of a place at Avhich a couTt liouf^e and jail shall be erected and maintained. Officers of said election shall be appointed and the election conducted and the result ascertained in all things as provided by the laws governing general elections so far as the same are applicable. TTpon the ballots to be used at said election the names of all places to be voted on shall be printed, and the choice of the elector shall be indicated by a cross mark before the place of his choice. At the place receiving the highest number of votes at such election there shall be erected and main- tained a court house and jail for the trial of all causes and tlie transaction of all legal business originating in said precincts 8, 9, 10, 1], 13, 14, 15, IG and 18, and the venue in all actions and suits (other than such as are tried before Justices of the Peace) in which only residents of that portion of Shelby countv Iving with- in s;'i(l ]»re:incts 8, 9, 10, 11. 13, 14, 15. 16 and 18, are defendants shall, except as otherwise provided bv law, be at the court house herein provided for; provided, that Columbiana, in Shelby county, shall continue to be the county seat until changed by vote of the quali- fied electors residing in Shcllty county. Second — The Court of Countv Commissioners of St. Clair countv and the Court of Countv Commissioners of Si>mI1)^- connty I'espectively shall at its first regular meet- in*!' after the election provided for in Section 1 of this r-(Vi,.,,,c«^ tiVc all necessary steps and make all neces-s.nv orders to issue and sell bonds of St. 1384 Journal of Alabama Clair county and Shelby county i-espectiA'ely, to tlie* amount of |10,000, the proceeds to be used only for the erection and equipment of such court house and jail^ or to provide by other means a sufficient amount of money to erect a suitable court house and jail at the place which shall have been selected in accordance with said Section 1, and to properly equip and furnish the same with record books and other necessary equip- ments ; provided however, that if said Court of County Commissioners shall levy a tax for such purpose, such tax shall be levied on all taxable property in said county, but all of such tax shall not be levied and col- lected in one year. And provided further, that such court house and jail for St. Clair county shall be com- pleted in every way and shall be ready for the lioldiuiz: of court and the transaction of lei>al business on or be- fore the first day of the spring- term, 1903, of the Circuit Court f>f St. Clair county, and such court house and jail for Shelby county shall be completed in every way and be ready for tlie holding' of courts and the transaction of legal businej^s on or before the first dav of Se])tember, 1903. Third— The Sheriff, Probate Judse, Circuit Clerk, Register in Chancery, Tax Assessor, Tax Collector, and Suprintendent of Education of St. Clair county, shall keep offices in the court house, which shall be built in accordance with the provisions (^f this ordinance, and said officers for Shelby county shall likewise keep offices in the additional court house, which shall be erected in accoi'd-nice with the provisions of this ordinance, in the county of Shelby. Fourth — The General Assembly at its first meetinp^ after the ratification of the Constitution to be sub- mitted to the people by this Convention, shall enact laws reiiulating the holding of court at the court liouse or court houses provided for in this ordinance. Fifth — This ordinance shall be valid and effective if the Constitution Avhich shall be franu'd bv t'^'s r%>n- venti'^'iv be ratified bv the people. Otherwise it shall be void. Constitutional Convention. 1385- YEAS. Messrs. President, Howell, Almon, Howze, Altman, Inge, Aslicraft, Jackson, Banks, Jones (Bibb), Barefield, Jones ( iMontgomery ) , Beavers, Jones (Wilcox), Beddow, Knight, Betlmne, Kyle, Blackwell, Lomax, Boone, Lowe (Lawrence), Bulger, Macdonald, Fiirns, :McMillan (Baldwin), Byars, Martin, Chapman, Miller (Wilcox), Cobb, Moody, Cofer, jMnrphree, Coleman (Greene), O'Neal (Lauderdale), Cunningham, Opp, Davis (Etowah), O'Kear, Dent, Parker (Cullman), Duke, Parker (Elmore), Elev, Pottus, Eyster, Pillnns, Ferguson, Pitts, Fletcher, Beese, Freeman, "Rogers (Lowndes), Glover, Sanders, Gr-iham (Talladega). Sloan, Grant, Smith (Mobile), Greer (Calhoun), Smitli, AFac. A. Greer (PerryJ, Smith, Morgan M., Haley, Spears, Harrison, Spragins, Heflin (Chambers), Stewart, Heflin (Randolph), Vautrhan, Henderson, Waddell, Hodges, Walker, Hood, Watts, 1386 Journal of Alabama Weakley, AVilson (Clarke), White, \Vilsoii (\Vasliiuj:;toii ) — 83. Williams (Elmore), NAYS. Messrs. Grayson, Merrill — 2. REPORTS OF STANDING COMMITTEES. Mr. Foster, chairiuau of the Committee ou Amemliug the Constitntioii and Miscellaneous Provisions, reported favorably, Avith a snbstitnte, resolution 2J:(i, which reads as follows : Resolution 246, by Mr. Sam ford : Resolved, That the Cfeneral Assembly of this State is hereby instructed, at its next session, to reduce the tag tax on fertilizers to an amount not to exceed 1') cents per ton. The resolution was referred to the Committee on Amending Constitution and ^liscellaneous Provisions. Substitute for resolution 246, hy Mr. Samford, by Committee : Be it resolved, l)y the pe<)])le of Alabama in Conven- tion assend)led. That it is the sense of this Convention that the Legislature at its next meeting, should reduce the tag tax on fertilizers to an amount not to exceed the reasonable cost for the inspection thereof. Mr. Graham of Talladega moved to table the resolu- tion and substitute. The motion was lost. Mr. Wilson of Clarke moved to postpone the further consideration of the report, until the report of the Cons- mittee on Corporations had been finished. On motion of ]Mr. Duke the motion of :Mr. Wilson >f Clarke was laid upon the table. Mr. Coleman of Greene offered the following amend- ment to the substitute : Amend the substitute by striking put "the reasonable cost for the inspection thereof and insert in lieu thereof ^'twentv-five." Constitutional Convention. 1387 On motion of Mv. Foster the aincndiiieiit was laid upon the table. The (jiiestiou recurred ui)on the adoption of the sub- stitute. The substitute was adopted: Yeas, 80; nays, 28. YEAS. Messrs. President, Almon, Altman, Aslicraft, Banks, Barefield, Bartlett, Beavers, Bethuue, Blackwell, Brooks, Bulger, Burns, Byars, Chapman, Cobb, Cofer, Coleman (Greene), Craig, Cunningham, Davis (DeKalb), Dent, Duke, Foster. I'reeman, Glover, Graham ( Montgomery ) , Grayson, Greer (Calhoun), Haley. Handley, Heflin (Chambers), Heflin ( Randolph), Henderson, Howell, Jackson, Jones (Bibb), Jones ( Montgomery ) , Knighl;, Lowe (Lawrence), Macdonald, McMillan (Baldwin), Martin, Maxwell, .Merrill, Miller (Wilcox), Moody, ^lurphree, XeSmith, Oates, O'Neal (Lauderdale), Opp, O'Rear, Palmer, Pettus, Phillips, Pillans, Procter, TJeese, Rogers ( Lowndes ) , Sam ford, San ford, Sea rev, Senteil, Sloan, Smith (Mobile), 1388 Journal of Alabama Smith, Mac. A., Smith, Morgan M., Sorrell, Spears, Spragins, Stewart, Studdard, Messrs. Beddow, Davis (Etowah), Eley, Eyster, Ferguson, Fletcher, Graham ( Talladega ] Grant, Greer (Perry), Harrison, Hodges, Hood, Howze, Inge, Tayloe, Thompson, Weakley, White, Whiteside, Williams (Barbour), Winn— 80. NAYS. Jones (Wilcox), Kyle, Ledbettei, Lomax, Norman, Parker (Cullman), Sanders, Selheimer, Vaughan, \Vaddell, Walker, Williams (Elmore), Wilson (Clarke), ^Vllson (Washington)- -28. The question recurred upon the adoption of the ori- ginal resolution as amended. The resolution, as amended, was adopted. REGULAR ORDER. The Convention proceeded to the consideration of the regular order, which was resolution 219. The resolution was read at length as follows : llesolution 219, by Mr. Beddow, of Jetferson : Whereas, Various resolutions have been adopted throughout the State requesting that this Convention patronize union labor by having its printing done by members of the Typographical Union, and that the union label be printed thereon, and Wliereas, The union of labor should be encouraged by the people of Alabama in Convention assembled; Constitutional Convention. 1389 Therefore, be it resolved, That the Committee on Schedule, Printing and Incidental Expenses be and they are hereby instructed to patronize the printing estab- lishments having in their employment union labor, and have the union label printed thereon. On motion of Mr. Coleman of Greene the resolution was laid upon the table. KEGULAR OIIDER. The Convention proceeded to the consideration of the j»egular order, which was the report of the Committee on Militia. The x\rticle on Militia was read at length as follows : An ordinance on Militia: ARTICLE — 1. All able-bodied white uiale inhabitants of this State, between the ages of eighteen years and forty-five years, who are citizens of the Uuited States, or have declared their intention to become such citizens, shall be liable to military duty in the militia of the State; and the General Assembly may provide for the organization from among such citizens of a State naval militia. 2. The General Assembly, in providing for the organ- ization, equipment, and discipline of the militia, shall conform as nearly as practicable to the regulations for the government of the armies of the United States. 3. Each company and regiment shall elect its own company and regimental officers ; but if any company or regiment shall neglect to elect such officers within the time prescribed by law, they may be appointed Tby the Governor. 4. Volunteer organizations of infantry, cavali\v, and artillery, may be formed in such manner, and under such restrictions, and with such privileges, as may be provided by law. 5. The militia and vounteer forces shall, in all cases, except treason, felony and breach of the peace, be privi- leged from arrest during their attendance at musters. 1390 Journal of Alabama parades, and elections, and in going to and returning from the same. 6. The Governor, shall, except as otherwise provided herein, be commander-in-chief of the militia and volun- teer forces of the State, except when in the service of the United States, and shall, with the advice and con- sent of the Senate, appoint all general officers, whose term of office shall ])e for four years. The Governor, the Generals and regimental and battalion commanders, shall appoint their own staffs, as may be provided by law. 7. The General Assembly shall provide for the safe keeping of the arms, ammunition and accoutrements, military records, banners and relics of the State. 8. Th(^ offi( ers and men of the militia and volunteer forces shall not be entitled to, or receive, any pay, rations, or emoluments, when not in active service. 3fr. Wilson of Glarke offered the following amend- ment to Sections 1, 2 and 7, which was adopted : Strike out the words "G<^neral Assembly" in insert in lieu thereof the word "Legislature" in Sections 1, 2 and 7. Mr. Colenmn of (ireene oft'ered the following substi- tute for Section 1 : The Legislature shall have power to declai-e who shall constitute the militia of the State, and to jtrovidc for or- ganizing, ai-ming and disciplining the same. ^Ir. Wilson of Glarke offered the following auu^nd- ment to the substitute offered l)y ^h\ Golmian of (rrcene, Avhich was adopted : Amend by adding at the end of ]Mr. Golenmn's amend- ment "the Legislature mav ])rovide for tlie orgn.uizing of the State naval militia.'' Mr. Tettiis movc^l to tal)l(' the iiendiug aineudiiieiits to Section 1. The'motinn was lost : A'cnis, 21 ; inys, 75. YEAS. Messrs. Bethune, 1 lodger!, Blackwell, Tones (Bibb), Ghapman, ^Facdonald, Grayson, ^Merrill, OONSTITUTIONAL CONVENTION. 1391 Moody, O'^'eal (Lauderdale), Pettus, Reese, Sanders, Spragins, Stewart, Tayloe, Thompson, Vauglian, ^^'ilson ((Mai'ke) -21. NAYS. Messrs. President, Altman, Ashcraft, Banks, Barefield, Bed flow, Boone, Brooks, Bulger, Bnnis, Byars, Cobb, Cofer, Coleman (Greene), Davis, (Etowah), Dent, Duke, Eley, Erster, Fletcher, Clover, Graham ( Montgomery) , Graham (Talladega), Grant, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Heflin ( Randolph )y Henderson, Hood, Howell, Howze, Inge, Jackson, Jenkins, Jones (Montgomery), Jones (Wilcox), Knight, Kyle, Led better. Lorn ax, Lowe (Jefferson), Mc^Millan (Baldwin), .Afartin, Maxwell, :\[mer (Wilcox), -Alurphree, XeSmith, Gates. O'Neill (Jefferson), Opp, Paikei- (Cullman), Parker (Elrnore), Phillips, Pilh.ns, Pitts. Proctor, Rogers (Lowndes), 8entel1, Sloan, Smith (Mobile), 1392 Journal of Alabama Sm.tb, Mac. x\., Whiteside, Smitli, Morgan M., Williams (Barbour), Spears, Williams (Elmore), Waddell, Wilson (Washington), Walker, Winn— 75. Watts, The substitute offered bv Mr. Coleman of Greene was adopted. Section 1, as amended, was thereupon adopted. Mr. Jones of Montgomer}- offered the following amend- ment to Section 4 of the Article on Militia : Amend Section 4 bv adding after the word "artillery" the words "and naval militia." The amendment was adopted. On motion of Mr. Wilson of Clarke the Article on Militia was ordered engrossed for a third reading and adoption. REGULAR ORDER. The Convention proceeded to the consideration of the regular order, which was the report of the Committee, on Corporations. On motion of Mr. Harrison the article was considered section by section. SECTION ONE. Was read at length as follows : Section 1. The Legislature shall pass no special act conferring corporate powers, but they shall pass gen- eral laws under which corporations may be organized and corporate powers of every nature obtained, subject nevertheless, to repeal at the will of the Legislature; and shall pass general laws under which charters here- tofore granted may be altered or amended. The Leg- islature shall, by general law, provide for the payment to the State of Alabama of a franchise tax by corpora- tions organized under the laws of this State, which shall be in proportion to the amount of capital stock. Constitutional Convention. 1393 Mr. Harrison offered the following amendment to •Section 1, which was adopted : Amend Section 1 b}" striking out the word "they" where it first appears in tlie second line thereof, and in- sert in lieu thereof the word "it," and further amend Sec- tion 1 by inserting between the words "to" and "rei>eal" on the third line thereof, the following words, to-wit: "Amendment, alteration, etc." Mr. Harrison offered the following amendment to Sec- tion 1, which was adopted : Amend by striking out the words "of every nature" on line three. Mr. Ashcraft moved to reconsider the vote whereby the first amendment to Section 1 was adopted. The motion prevailed. Mr. Macdouald moved to recommit Section 1 to the Committee on Corporations. The motion was lost. Mr. Walker offered the following amendment to Sec- tion 1, which was adopted: "The charter of any corporation shall be subject to amendment, alteration or repeal by general laws." By unanimous consent Mr. Harrison Avithdrew his first amendment to Section 1. Mr. Watts offered the following amendment to Sec- tion 1, which was adopted : Amend Section 1 of the report of the Committee on Corporations by striking out the word "heretofore granted," in the fourth line. On motion of Mr. Harrison Section 1, as amended, Avas adopted. SECTION TWO. Was read at length as follows: Sec. 2. All existing charters or grants of special or exclusive privileges, under which a bona fide organiza- tion shall not have taken place and business been com- menced in good faith within twelve months from the time of the ratification of this Constitution, shall thereafter have no validity. 88 1394 Journal of Alabama Mr. Graham of Montgomery offered tlie following amendment to Section 2 : Amend Section 2 in first line by striking out the words- "or grants of special or exclusive privileges." RECESS. Pending the further consideration of the report of the Committee on Corporations, the hour of 1 o'clock having arrived, under the rules, the Convention recessed until 3 :30 this afternoon. AFTERNOON SESSION. The Convention met pursuant to adjournment. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum: Messrs. President, Davis (Etowah), Altman, Eyster, Ashcraft, I^^erguson, Banks, Fletcher, Barefield, Foster, Bartlett, (Hover, Beavers, Graliam (Montgomery), Beddow, Graham (Talladega), Black well, ^'-r-^nt, Boone, Grayson, Brooks, Greer (Calhoun), Bulger, Greer (Perry), Burns, Haley, Bvars, Rnndley, Chapman, ' Harrison, Cobb, FTeflin (Randolph), Craig HeufUTson, Cunningham, Roorl. Davis (DeKalb), nowell. CONSTITITTIONAL CONVENTION. 1395 Sowze, Inge, Jenkins, Jones (Bibb), Jones (Montffomerv), Jones (Wilcox), Kyle, Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, Maxwell, Miller (Wilcox), Moody, Murpliree, Norman, O'Neill (Jefferson), Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pettiis, Phillips, Pillans, Pitts, Pro4-tor, lloj^ers ( Lowndes) , Samford, Sanders, Sanford, Searcy, Selheimer, Sloan, Smith (Mobile), Smith, Mac. A., Sorrell, Spears, Spragins, Stewart, Studdard, Tayloe, Thompson, Vaughan, Walker, Weakle}^ Wliite, Whiteside, Williams (Barbour), Williams (Elmore), Wilson (Clarke). Winn— 91. REPORT OF COMMITTEE ON RULES. Mr. Smith of Mobile, acting chairman of the Com- mittee on Rules, reported favorably the folloAving substi- tute for resolutions 282 and 294. The substitute was read at length as follows and adopted : Substitute for resolutions 282 and 294, introduced by Mr. Williams of Elmore, reported by Committee on Rules : In order that the records of this Convention may be complete, be it Resolved, That the President be and he is hereby authorized to arrange for the printing of 1,000 copies of 1396 Journal of Alabama the daily stenographic proceedings of the first, second and third days of this Convention, and that the Secre- tary of this Convention be and he is hereby authorized and instructed to furnish to the printer with whom the President shall so arrange, a copy of the proceedings of the first, second and third days of the Convention. Be it further resolved, That when said proceedings are printed that the same be distributed among the members of this Convention as official stenographic reports have heretofore been distributed. Said copies to be of like size and form as the said reports. Mr. Smith of Mobile, acting chairman of the Com- mittee on llules, reported favorably the following amend- ment to rule 53, which was read at length one time and laid upon the table, to be taken up in its regular order : Amendment by liules Committee. Amend rule 53 so as to read as follows : Rule 53. The Committee on Order, Consistency and Harmony of the Constitution, shall report the proposed Constitution to the Convention, or any part or parts thereof, from time to time as they mnj think proper, and the Constitution, or the parts thereof, so reported, shall be read and acted upon article by article and submitted to a vote of the Convention; if a majority of the members present shall vote therefor the same shall be adopted; but if amended in any particular, it shall be re-referred, with such amendments to the said committee, who shall cause the article or articles amended, with such amend- ments so adopted, to be re-written and report the same to the Convention for its action. When the Constitution shall have finally been adopted by the Convention, it shall be enrolled, and when enrolled, it shall be again read, and attested by the President and Secretary, and eaeh delegate to the Convention shall personally sign his name thereto. The signature of the majority of the delegates present, or a majority of the Convention, shall constitute a sufficient attestation. Constitutional Convention. 1397 report of committee on engrossment. Mr. SamforcL chairman of the Committee on Engross- ment, submitted the following report, which was con- curred in : Mr. President: Your Committee on Engrossment beg leave to report that the}' have examined the following report, to- wit: Judicial Department, and find the same to be correctly engrossed. Kespectfullj submitted, Wm. H. Samford^ Chairman.. ARTICLE ON THIRD READING. The Article on the Judicial Department was read r.t length as follows a third time and adopted: Yeas, 79; nays, 2. JUDICIAL DEPARTMENT. Section 1. The judiciul powers of the State shall be vested in the Senate sitting as a court of impeachment, a Supreme Court, Circuit Courts, Chancery Courts, Courts of Probate, such courts of law and equity infer- ior to the Supreme Court, and to consist of not more than five members, as the Legislature from time to time may establish, and such persons as may be by law invested with powers of a judicial nature; but no court of general jurisdiction, at law or in equity, or both, shall hereafter be established in and for any one county having a population of less than 20,000, or property as- sessed for taxation at a less valuation than |3, 500, 000. Sec. 2. Except in cases otherwise directed in this Constitution, the Supreme Court shall have appellate jurisdiction only, which shall be coextensive with the State, under such restrictions and reuulations, not re- pugnant to this Constitution, as may from time to time be prescribed by law, except where jurisdiction over ap- peals is vested in some inferior court, and made final therein ; provided, that the Supreme Court shall have 1398 Journal of Alaba?.ja power to issue Avrits of injunction, habeas corpus, quo warranto, and such other remedial and original writs as may be necessary to give it a general superintendence and control of inferior jurisdictions. Sec. 3. The Supreme Court shall be held at the seat of government, but if that shall become dangerous from any cause, it may adjourn to another place. Sec. 4, Except as otherwise authorized in this arti- cle, the State shall be divided into convenient circuits. For each circuit there shall be chosen a judge, who shall, for one year next preceding his election and dur- ing his continuance in office, reside in the circuit for Avhich he is elected. Sec. 5. The Circuit Court shall have original juris- diction in all matters civil and criminal within the State not otherwise excepted in this Constitution; but in civil cases, other than suits for libel, slander, assault and battery, and ejectment, it shall have jurisdiction only where the matter or sum in controversy exceeds fifty dollars. Sec. 6. A Circuit Court, or a court having the juris- ■diction of the Circuit Court, shall be held in each county in the State at least twice in every year, and judges of the several courts mentioned in this section may hold court for each other when they deem it expedient, and shall do so when directed by law. The judges of the sev- eral courts mentioned in this section shall have power to issue writs of injunction, returnable in the Courts of "Chancery, or courts having the jurisdiction of Courts of Chancery. Sec. 7. The Legislature shall have power to establish a Court or Courts of Chancery, with original and appellate jurisdiction, except as otherwise author- ized in this article. The State shall be divided by the Legislature into convenient Chancery divisions; each division shall be divided into districts, and for each division there shall be a chancellor, who shall have re- sided for one year next preceding his election or ap- pointment, and at the time of his election or appoint- ment, and during his continuance in office in the di vi- sion for which he shall be elected or appointed. Constitutional Convention, 1399 Sec. 8. A Chancery Court, or a court having the juris- diction of the Chancery Court, shall be held in eauh dis- trict, id a place to be fixed by law, at least twice in each year, and the chancellors may hold court for each other when they deem it necessary. Sec. 9. Any county having a population exceeding 20,000, according to the next preceding Federal census, and also taxable property exceeding |3, 500, 000 in value, .according to the next preceding assessment of property for State and county taxation, need not be included in any circuit or chancery division; but if the value of its taxable property shall be reduced below that limit, or if its population shall be reduced below that number, the Legislature shall include such county in a circuit and chancery division or either, embracing more than one county. No circuit or chancer^' division shall contain less than three counties, unless there be embraced therein a county having a population exceeding 20,000, and taxable prop- erty -exceeding |3, 500, 000. The Legislature may -confer upon the Circuit Court or the Chancery Court the jurisdiction of both of said courts. In counties hav- ing two or more courts of record, the Legislature may provide for the consolidation of all or any of such courts of record, except the Probate Court, with or without separate divisions, and an appropriate number of Judges for the transaction of the business of such consolidated court. Sec. 10. The Legislature shall have power to establish in each county within the State a court of Pro- bate, with general jurisdiction to grant letters testa- mentary and of administration, and of orphans' busi- ness; provided, that whenever any court having equity powers has taken jurisdiction of the settlement of any estate, it shall have power to do all things necessary for the settlement of such estate, including the appointment and removal of administrators, executors, guardians and trustees, and including action upon the resignation of either of them. Sec. 11. The Justices of the Supreme Court, Chancel- lors, and the Judges of the Circuit Courts, and other 1400 Journal of Alabama courts of record, except Probate Courts, shall, at stated times, receive for their services a compensation which shall not he diminished during their official term; 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 or appointed. Sec. 12. The Supreme Court shall consist of one Chief Justice and such number of Associate Justices as may be prescribed by law. Sec. 13. The Chief Justice and Associate Justices of the Supreme Court, Judges of the Circuit Courts, Pro- bate Courts, and Chancellors, shall be elected by the qualified electors of the State, circuits, counties and chancery divisions, for which such courts may be estab- lished, at such times as may be prescribed by law, except as herein otherwise provided. Sec. 14. The Judges of such inferior courts of law and equity as may be by law established, shall be elected or appointed in such mode as the Legislature ma*y pre- scribe. Sec. 15. Chancellors and Judges of all courts of rec- ord, shall have been citizens of the United States and of this State for five years next preceding their election or appointment, and shall be not less than 25 years of age; and, except Judges of Probate Courts, shall be learned in the law. Sec. 16. Except as otherwise provided in this article, the Chief Justice and Associate Justices of the Supreme Court, Circuit Judges, Chancellors, and Judges of Probate, shall hold office for the term of six years, and until their successors are elected or appointed, and qualified; and the right of such Judges and Chancellors to hold their offices for the full term hereby prescribed shall not be affected by any change liereafter made by law in any circuit, divi- sion or county, in the mode or time of election. Sec. IT. The Chief Justice and Associate Justices of the Supreme Court shall be chosen at an election held at the time and place fixed by law for the election of meml^ers of the House of Representatives of the Con- Constitutional Ci^nvention. 1401 gress of the United States, until the Legislature shall, by law, change the time of holding such election. The term of office of the Chief Justice, \\'ho shall be elected in the year 11)04, shall be as provided in the last preceding section. The successors of two of the Asso- ciate Justices elected in 1904 shall be elected in the year 1906, and the successors of the other two Associate Justices elected in 1904 shall be elected in the year 1908. The Associate Justices of said court elected in the year 1904 shall draw or cast lots among themselves to deter- mine which of them shall hold office for the terms end- ing, respectively, in the years 1906 and 1908, and until their respective successors are elected or appointed and qualified. The result of such determination shall be certified to the Governor, by such Associate Justices, or a majority of them, prior to the first day of January, 1905, and such certificate shall be entered upon the min- utes of the court. In the event of the failure of said As- sociate Justices to make and certify such determination, the G'overnor shall designate the terms for which they shall respectively hold office, as above provided, and shall issue his proclamation accordingly. In the event of an increase or reduction by law of the number of As- sociate Justices of the Supreme Court, the Legislature shall, as nearly as may be, provide for the elec- tion, each second year, of one-third of the members of said court. Sec. IS. All judicial officers within their respective jurisdictions shall, by virtue of their offices, be conser- vators of the peace. Sec. 19. Vacancies in the office of any of the judges who hold office by election, 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 oc- curs, and until his successor is elected and qualified; the successor chosen at such election shall hold office for the unexpired term and until his successor is elected and qualified. Sec. 20. Whenever any new circuit or chancery divi- sion is created the eJudge or Chancellor therefor shall 1402 Journal of Alabama be elected at the next election for Representatives to the Legislature for a term to expire at the next general election for Judges and Chancellors; provided, that if said new circuit or chancery division is created more than six months before the next election of Rep- resentatives to the Legislature, tlie Governor shall ap- point some one as Judge or Chancellor, as the case may be, to hold the office until such election. Sec. 21. If in any case, civil or criminal, pending in any Circuit Court, Chancery Court, or in any court having the jurisdiction of a Circuit or Chancery Court, or either of them, in this State, the presiding Judge or Chancellor shall, for any legal cause, be incompetent to try, hear or render judgment in such case, the parties, or their attorneys of record, if it be a civil case, or the solicitor or prosecuting officer, and the defendant or de- fendants, if it be a criminal case, may agree upon some disinterested person, practicing in the court and learned in the law, to act as special judge or chancellor to sit as a court, and to hear, decide and render judgment in the same manner and to the same effect as a Chancellor or as a Judge of the Circuit Court, or of a court having the jurisdiction of a Circuit and Chancery Court, or either, sitting as a court might do in such case. If the case be a civil one, and the parties or their attorneys of record do not agree; or if it be a criminal one and the prosecuting officer and the defendant or defendants do not agree upon a special Judge or Chancellor, or if either party in a civil cause is not represented in court, the Register in Chancery or the clerk of such Circuit or other court, in which s^id cause is pending, shall ap- point a special Judge or Chancellor, who shall preside, try and render judgment as in this section provided. The Legislature may prescribe other methods of sup- plying special Judges in such cases. Sec. 22. The Legislature shall have power to provide for the holding of Chancery and Circuit Courts, and for the holding of courts having the jurisdiction of Circuit and Chancery Courts, or either of them, when the Chancellors or Judges thereof fail to attend regular terms. Constitutional Convention. 1403 Sec. 23. No Judge of any court of record in this State shall practice law in any of the courts of this State or of the United States. Sec. 24. Registers in chancer}'- shall be appointed by the Chancellors of the respective divisions, and sliall have been at least twelve months before their appoint- ment, and shall be at the time of their appointment and during their continuance in office, resident citizens of the district for which they are appointed. They shall hold office for the term for which the Chancellor making such appointment was elected or appointed. Such regis- ters shall receive as compensation for their ser- vices onl}^ such fees and commissions as may be spe- cifically prescribed by law, which fees shall be uniform throughout the State. Sec. 25. The clerk of the Supreme Court shall be ap- pointed by the Judges thereof, and shall hold office for the term of six years, and the clerks of such inferior courts as may be established by law shall be selected in such manner as the Legislature may provide. Sec. 26. Clerks of the Circuit Court shall be elected by the qualified electors in each county for the term of six years, and may, when appointed by the Chancellor, also fill the office of Register in Chancery. Vacancies in such office of clerk shall l»e filled by the Judge of the Circuit for the unexpired term. Sec. 27. The clerk of the Supreme Court and regis- ters in Chancery may be removed by the Jus- tices of the Supreme Court, and by the Chancellor re- spectively, for cause, to be entered at length upon the minutes of the court. Sec. 28. A Solicitor for each Judicial Circuit or other territorial sulxliA'ision jjrescribed by the Legislature, shall be elected by the qualified electors of such circuit or other territorial subdivision, who shall be learned in the law, and who shall, at the time of his election, and during his continuance in office, reside in a county in the circuit in Avhich he prosecutes criminal cases, or other other territorial subdivision for which he is elected, and whose term of office shall be four years, and who shall receive no other compensation than a salary 1404 Journal of Alabama to be prescribed by law, which shall not be increased during the term for which he was elected; provided, that this article shall not operate to abridge the term of any Solicitor now in office; and, provided further, that the Solicitors elected in the year 1904 shall hold office for six years, and until their successors are elected and qualified; and, provided further, that the Legislature may provide by law for the appointment by the Gover- nor or the election by the qualified electors of a county of a Solicitor for any county. Sec. 29. In each precinct not lying within, or partly within, any city or incorporated town of more than 1,500 inhabitants, there shall be elected, by the qualified elec- tors of such precinct not exceeding two Justices of the Peace and one Constable. Where one or more precincts lie within, or partly within, a city or incorporated town having more than 1,500 inhabitants, the Legislature may provide by law for the election of not more than two Justices of the Peace and one Constable, for each of such precincts, or an inferior court for such precinct or precincts, in lieu of all Justices of the Peace therein. Justices of the Peace, and the inferior courts herein provided for, shall have jurisdiction in all ci^il cases where the amount in controversy does not exceed |100, except in cases of libel, slander, assault and bat- tery, and ejectment. The Legislature may pro- vide by law what fees may be charged by Justices of the Peace and Constables, which fees shall be uniform throughout the State. The right of appeal from any judgment of a Justice of the Peace, or from any infer- ior court authorized by this section,' without the prepay- ment of costs, and also in the term of office of such Jus- tices, and of the Judges of such inferior courts, and of Notaries Public, shall be provided for by law. The Gov- ernor may appoint Notaries Public without the powers of a Justice of tlie Peace, and may, except where other- wise provided by an act of the Legislature, ap- point not more than one Notary Public with all of the powers and jurisdiction of a Juv<5tice of the Peace for each precinct in which the election of Justices of the Peace shall be authorized. Constitutional Convention. 1405 Sec. 30. The Attorney General shall be elected by the qualified electors of the State at the same time and places of election of members of the Legislature, whose term of office shall be for four years and until his successor is elected and qualified. He sliall reside at the seat of government, shall be the law officer of the State, and shall perform such duties as may be required <»f him by law. Sec. 3i. The style of all process shall be "The State of Alabama" and all prosecutions shall be carried on in the name and by the authority of the same, and shall conclude "Against the peace and dignity of the State." Sec. 32. After suit has been commenced on any cause of action the Legislature shall have no power to take away such cause of action, or to destroy any defense that may exist to any suit after such suit has been com- menced. Sec. 33. The Legislature shall have the power to abolish any court (except the Supreme Court and the Probate Courts) whenever its jurisdiction and func- tions have been conferred upon some other court. Sec. 34. Nothing in this article shall be so construed as to effect the term of oflflce of any officer now in office. YEAS. Messrs. President, Eyster, Almon, Kerguri( n, Altman, l^'letcher, Ashcraft, Foster, Banks, Glover, Barefield, Graham (Montgomery), Beddow, (J rant, Bethune, Grayson, Blackwell, Greer (Calhoun), Boone, Haley, Chapman, Handley, Cobb, Heflin (Chambers), Craig, Heflin (Randolph), ^^'nnningham, Hood, Davis (Etowah), Howell, 1406 Journal of Alaba^ia Howze, Inge, Jenkins, Jones, (Bibb), Jones ( Montgomery ) , Jones (Wilcox), . Knight, Ledbetter, Lowe (Jefferson), Lowe (Law^renee), Macdonald, McMillan (Baldwin), Martin, Maxwell, .Miller (Wilcox), Moody, IMurpliree, NeSmith, Norwood, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, O'Kear, Palmer, Parker (Cullman), Pettus, Pillans, IMtts, Proctor, Reese, IJogers ( Lowndes ) , Samford, Sanders, 8:iuford, Searcy, Smith (Mobile), Sorrell, Spragins, Stewart, Tayloe, Thompson, Vaughan, Waddell, Walker, Watts, ^Veaklev, White, ' Whiteside, Williams (Barbour), Wilson (Clarke)— 79. NAYS. Messrs. Byars, Cofer— 2. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was the report of the Committee on Corporations. The question recurred upon the adoption of the amendment of Mr. Graham of ^rontgomery to Section 2. The amendment to Section 2 was adopted. On motion of Mr. Harrison Section 2 was ado])ted as amended. Constitutional Convention. 1407 section three. Was read at length as follows: Sec. 3. The Legislature shall not remit the forfeit- ure of the charter of anv corporation now existing, nor alter or amend the same, nor pass any general or special law for the benefit of such corporation, other than in execution of a trust created by law or by con- tract, except upon the condition that such corporation shall thereafter hold its charter subject to the provis- ions of this Constitution, and every amendment of any charter of any corporation in this State, or any special law for its benefit, accepted thereby, shall operate as a novation of said charter, and shall bring the same under the provisions of this Constitution ; provided, that this section shall not extend to any amendment for the purpose of allowing any existing road to take stock in or aid in building any branch road. Mr. O'Neal of Lauderdale offered the following amendment to Section 3 : Amend Section 3 by striking out in line 2 the words "or special,'' and also the words "'or any special law for its benefit" in line 6. On motion of Mr. Graham of Montgomery the amend- ment was laid upon the table. Mr. Walker offered the following amendment to Sec- tion 3, which was adopted : Amend by strikino; out all after the word "Constitu- tion" on line 5. On motion of ]Mr. Harrison Section 3, as amended, was adopted. SECTION FOUR. Was read at length as follows : Sec. 4. No foreign corporation shall do any busi- ness in this State without having at least one known place of business and an authorized agent or agents therein, and without filing with the Secretary of State a certified copy of its articles of incorporation or asso- ciation, and of the law and authority under which 't 4408 Journal of Alabama is incorporated. Siieli corporation may be sued in any county wliere it does business, by ser- vice of process upon an agent anywhere in the State. The Legislature shall, by general law, provide for the payment to the State of Alabama, of a franchise tax by such corporation, Avhich shall be the same as that required of domestic corporations and in proportion to the amount of its capital stock, but stricth^ benevolent or religious corporations shall not be required to pay such a tax. Mr. Harrison, on behalf of the committee, offered the following amendment, which was adopted by unanimous consent : Amend Section 4 by inserting in line 9 after the word "benevolent'' the word "educational.'' Mr. Harrison, on behalf of the committee, offered the following amendment to Section 4, which was adopted: Amend Section 4 by striking out in line 4 the follow- ing words to-wit : "And of the law and authority under which it is incorporated. Mr. Kyle offered the following amendment to Sec- tion 4, which was adopted by unanimous consent: Amend Section 4 of report of Committee on Corpora- tions by striking out all of seventh line after word "corporation," and all of eighth line except word "but," and insert following: "Based on actual amount of capital employed in this State." On motion of Mr. Harrison Section 4, as amended, was adopted. SECTION FIVE. Was read at length as follows : Sec. 5. No corporation shall engage in any business other than that expressly specified in its declaration or application. Mr. Harrison, on behalf of the committee, offered the following amendment to Section 5 : Amend Section 5 by striking out the word "specified in its declaration or application," and inserting in lieu Constitutional Convention. 1409 thereof ihe words "authorized in its charter, or articles of incorporation." The amendment was adopted. Mr. Pettus offered tlie following amendment to Sec- tion 5 : Amend Section 5 of report of the Committee on Cor- porations by adding at the end of the said section the following words : "Any corporation violating the pro- visions of this section, either by itself or by any agent, and all persons aiding in such violation shall be liable in damages, proximate or remote, to any person or corporation who is injured by such violation in any manner whatsoever." On motion of Mr. Boone the amendment was laid upon the table. Mr. Smith of Mobile offered the following amend- ment to Section 5 : Amend Section 5 by striking out everything after the word "expressly" and inserting the words "author- ized by law." The amendment of Mr. Smith of Mobile was lost. On motion of Mr. Harrison Section 5, as amended, was adopted, section six. Was read at length as follows and adopted. Sec. 6. No corporation shall issue stock or bonds except for money, labor done, or money or property actually received; and all fictitious increase of stock or indebtedness shall be void. The stock and bonded indebtedness of corporations shall not be increased ex- cept in pursuance of general laws, nor without the con- sent of the persons holding the larger amount of value of stock, first obtained at a meeting to be held after 30 days' notice, given in pursuance of law. SECTION SEVEN. Was read at length as follows : Sec. 7. Municipal aud other corporations and indi- viduals invested with the privilege of taking private 89 1410 Journal of Alabama propert}' for public use, shall make just compeiasatiou^ to be aseertained as may be provided bv law, for the property taken, injured or destroyed by tlie construct- tion or enlargement of its works, liiL;hways or improve- ments, which compensation shall l)e paid before such taking, injury or destruction. The Legislature is here- by prohibited from depriving any person of an appeal from any preliminary assessment of damages against any such corporations or individuals nuide by viewers or otherwise, but such appeal shall not deprive the per- son who has obtained the judgment or condemnation from a right of entry, provided he shall give bond with good and sufficient sureties to pay such damages as the property owner may sustain; and the amount of such damages in all cases of appeal shall, on the demand of either party, be determined by a jury according to law. Mr. Vwilker ottered the following amendment to Sec- tion 7, which was adopted : Amend by inserting after the word ''bond" on line nine, the words "in not less than double the amount of the damages assessed." ]Mr. Beddow offered the following amendment to Sec- tion 7 : Amend Section 7 ])y striking out all the words begin- ning on line 7 after the word '"otherwise" to and in- cluding the word "sustain" in the tenth line. Mr, Cobl) offered the following amendment to the amenduu'ut offered by Mr. Beddow : Amend by striking out all words after the word "provided" in the ninth line, down to and including the word "sustained,"' and in lieu thereof by inserting the following: "He shall pay into court the money which has been awarded to him as damages as by giving bond for the payment of any additional amount which may be awarded to him on appeal and for costs." IMr. Almon moved to table the auu'ndment of ^Nfr. Beddow and the amendment to the amendment offered by Mv. nobb. The motion prevailed, and the amendment and the amendment to the amendment was laid u])on the table. On motion of Mr. Harrison Section 7 was adopt(Ml. Constitutional Convention. 1411 .section eight. Was read at length as follows : See. 8. Dues from private corporations shall be se- cured by such nieaus as niav be prescribed 1\y law, but in no case shall any stockholder be individually liable otherwise than for the unpaid stock owned by him or her. Mr. Watts offered the followiiii; amendment to Sec- tion 8 : Amend Section 8 of the report of the Committee on Corporations b}' adding at the end of Section 8 the fol- lowing: "Provided that where stock is i>aid for in prop- erty or labor at less than the fair value of said labor or propert}^, the person so paying for said stock shall be liable to the creditors of said corporation for the difference between the fair value of said labor or prop- erty and the value at which it was used in paying for said stock." On motion of Mr. (')pp the amendment was laid upon the table. On motion of Mr. Harrison Section 8 was adopted. On motion of Mr. Harrison the further considera- tion of the rei)ort of the Committee on Corporations was postponed until 12 o'clock m. Monday, and the same was made a special order for that hour. adjournment. The hour of 6 o'clock having arrived, und(H' the reso- lution heretofore adopted, the Convention adjourned until 12 o'clock m. on IVfonday, SEVENTY-FIFTH DAY. Convention Hall. Montgomery, Ala., Monday, August 19, 1901. The Convention met pursuant to adjournment. Prayer was offered by Rev. A. L. Andrews of the city. 1412 Journal of Alabama ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : Messrs, President, Almon, Ashcraft, Banks, Barefield, Beavers, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Burns, Byars, Carmichael (Colbert), Chapman, Cobb, Cofer, Cornwell, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, deGraffenried, Duke, Eley, Espy, Ferguson, Fitfs, Fletcher, Foshee, Foster, Freeman, Glover, Graham (Montgomery), Grant, Grayson, Haley, Handley, Harrison, Hefliu (Chambers), Heflin (Randolph), Hinson, Hodges, Hood, Howell, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Montgomery), Jones (Wilcox), Knight, Kyle, Lomax, Long (Butler), Long (Walker), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, Maxwell, Merrill, Murphree, Constitutional Convention. 1413 Norman, Norwood, Gates, O'Neal (Lauderdale), Opp, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Pitts, Proctor, Reese, Reynolds (Chilton), Ro.2^ers (Sumter). Sanders, Sanford, Searcy, Selheimer, Sentell, S^oan, -Smith (Mobile), Smith, Mac. A. Sorrell, Spears, Spragins, Stewart, Studdard, Tayloe, Thompson, Vaughan, Waddell, Walker, Watts, Weakley, Weatherly, White, Whiteside, Williams (Barbour), Williams (Marengo), Wilson (Clarke), Wilson (Washington) Winn— 105. LEAVE OF AI'.SEXCK Was granted to Messrs. Fitts, Lowe of Lawrence, M. M. Smith, Eyster, Graham of Talladega for to-day ; Locklin for to-day and to-morrow; Sollie indefinitely. STENOGRAPHIC REPORT. Mr. Graham of Montgomery called the attention of the Convention to certain errors in the stenographic re- port of the proceedings of yesterday. The report was ordered corrected. REPORT OF THE COMMITTEE ON THE JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in : 1414 JOURNAL OF Alabama The Couimittee on the Journal hej; leave to report that thej have examined the Journal for the seventy- fourth day of the Conventi(»n, and that the same is correct. Eespectfully submitted, John F. Proctor, Chnirmnn. l\Ir. Espy offered the followinji' resolution, the rules ^^ere suspended and the resolution was adopted by a rising vote : Eesohition 313, by Mr. Espy: Whereas, Death has invaded the home of one of our brother delegates and taken from him his life companion, leaving his home sad and desolute; Therefore, be it resolved, that the sincere sympathy of this Convention be extended to Hon. M. Sollie and his little children in this hour of bereavement, and we trust that r. kind and loving Father ''Who doeth all things well" will comfort him during this trying ordeal. Resolved further, That the secretary of this Conven- tion be instructed to forward a copy of these resolutions to our brother delegate, thus conveying in some slight "way our feeling for him in this dark hour. RESOLUTION ON FIRST READING. The following resolution was introduced, severally read one time at length, and referred to an a])propri- ate committee, as follows: Resolution 314, by Mr. Long, of Walker: Resolved, That the Comijiittee on Order, Consistency and Harmcmy of the Constitution be authorized and di- rected to insert in the draft of the Article on the Execu- tive Department relating to Sheriffs, tlie following amendment : Strike out tlie words ''and shall l)e ineligible as such officer as liis own f-iiccessor,'" wherever tliey occur t1i(M*e- in, and insert in lieu thereof the following words: ''Who shall be eligible to succeed himself,,but not for mor^* than two consecutive terms;" also bv .adding at the end of •section the following words: "And the Governor, when Constitutional Convention. 1415 satisfied, after hearing the Sheriff, tliat he should be im- peached, may suspend liim from office \mtil the impeach- ment proceedinos are terminated.'' The resolutio}- was referred to the Committee on Executive 1 )epartment. IIEPORT OF STANDING COMMITTEES. Mr. Jones of ^Montgomery, chairman of the Committee on Executive Department, submitted the foHowing re- port, wliich was laid ui)on the table, and oW) copies (Ordered printed : Mr. President : The Committee on Executive Department, to which was referred resolution No. 314, by Mr. Long of Walker, have had the same under consideration, and instruct me to report the same back favorably with the recommenda- tion that it be x)assed. Thomas G. Jones. Chairman. Resolution 311, by Mr. Long, of Walker : Resolved, That the Committee on the Order, Consis- tency and Harmony of the Constitution be authoiized and directed to insert in tbe draft of the Article on the Executive Department relating to Sheriffs, the folloAv- ing amendment : '^Strike out the words ''and shall be in- eligil)l(^ as such officer as his own successor" wherever they occur therein, and insert in lieu thereof the follow- ing words : "Who shall be eligible to succeed himself, l)ut not for more than two consecutive terms ;'- also by adding at end of section the following words: "And the Governor, when satisfied, after hearing the Sheriff', that he should be impeached, may suspend him from office until tl'e impeachment proceedings are terminated." reconsideration. Mr. Pettns moved to reconsider the vote by which resolution 246 was adopted on yesterday, and asked that it be postponed until the report of the Committee on 1416 Journal of Alabama. Corporations had been finished, and it be made a spe- cial order at that time. RECONSIDERATION,. On motion of Mr. Cobb Section 7 of the Article on Corporations, which was adopted on last Saturday, was reconsidered. Mr. Cobb offered the following amendment to Section 7, of the Article on Corporations : Amend by striking out all after the word "provided'^ in line 9, and inserting in lieu thereof the following : "He shall have paid into court in money the amount of the damages assessed, and shall have given bond with good and sufficient securities to pay such damages as the property owner may sustain ; and the amount of damages in all cases of appeal shall, on the demand of either party^ be determined by a jury, according to law." Mr. Macdonaid offered the following amendment to the amendment offered by Mr. Cobb : Whenever any municipal or other corporation, or in- dividual, invested with the privileges of taking private property for public use, takes, injures or destroys any property, wilfully and intentionally, and without first resorting to legal proceedings to condemn the same, the owner of the property so taken, injured or destroyed, shall be entitled to recover three times the value of the property so taken, injured or destroyed in addition to such other damages as may be recovered by law for the trespass. On motion of Mr. Cobb the amendment of Mr. Mac- donaid was laid upon the table. The question recurred upon the adoption of the amendment offered by Mr. Cobb. The amendment offered "by Mr. Cobb was adopted. On motion of Mr. Harrison Section 7, jis nn'^^ilMT, was adopted. Constitutional Convention. 1417 section nine. Was read at length as follows and adopted: Sec. 9. No corporation shall issue preferred stock without the consent of the owner of two-thirds of the stock of said corporation. SECTION TEN. Was read at length as follows: Sec. 10. The Legislature shall have the power to re- voke any charter of incorporation now existing and re- vocable at the ratification of this Constitution, or any that may be hereafter created, whenever, in their opin- ion, it may be injurious to the citizens of this State; in such manner, however, that no injustice shall be done to the stockholders. Mr. Graham of Montgomery, on behalf of the com- mittee, offered the following amendment, which was adopted : Amend Section 10 of Article on Corporations by in- serting between the words "to" and '"revoke" where the same occurs in the first line of such section, the following words, to-wit : "Alter, amend or." On motion of Mr. Harrison, Section 10, as amended, was adopted. SECTION ELEVEN. Was read at length as follows and adopted. Sec. 11. Any association or corporation organized for the purpose of any individual shall have the right to construct and maintain lines of telegraph and telephone within this State, and connect the same with other lines, and tlie Legislature shall, by general law, of uniform ope- ra! ion, provide reasonable regulations to give full effect to this section. No telegraph or telephone company shall consolidate with or hold a controlling interest in the- stock or bonds of any other telegraph or telephone com- pany owning a competing line, or acquire, by purchase^ or otherwise, any other competing line of telegraph or- telephone. 1418 JouRXAL OF Alabama SECTION TWELVE. Was read at length as follows, and adopted : Sec. 12. All corporations shall have the right to sue, and shall be subject to be sued, in all courts in like cases as natural persons. SECTION THIRTEEN. Was read at length as follows, and adopted : Sec. 13. The term "corporation," as used in this arti- cle, shall be construed to include all joint stock com- panies, or any associations having any of the powers or privileges of corporations not possessed by individuals or partnerships. The following minority report was read at length as follows : SECTION THIRTEEN AND ONE-HALF. Sec. 13|. After the ratification of the Constitution, no corporation, society, organization or association shall be allowed to charge or collect for, or upon the loan or forbearance of money, goods or things in action, either in the way of interest, lines, forfeitures, premiums, com- missions or sums of money for the purchase of ^tock, bonds or any interest in the business of such corpora- tion, society, organization or association, as a condition upon which such loan or forbearance is obtained or in any other way connected with such loan or forbearance, as a charge, a greater amount than the legal rate of in- terest provided for by the general laws of the State upon the loan of forbearance of money, goods or things in action and all such sums of money paid such corporation, society, organization or association in excess of the legal interest i)rovided for by law, by whatever name called, shall be (^redited on the principal of the loan made by said corporation, societv, organization or association, and every such loan made in Alabama shall be governed bv the laws of this State. CONSTITUTIONxiL CONVENTION. 1419 RECESS. Pending the fiirtlier consideration of the report of the Committee on Corporations, the hour of 1 o'chx'k ar- rived, imder the rules the Convention recessed until 3 :3() .this afternoon. AFTERNOON SESSION. The Convention met pursuant to adjournment. ROLL CALL. On a call of the roll of the Convention the following deleoat(H^ answered to their names, Avhicli constituted a quorum : INIessrs. President, Almon, Ash craft. Banks, Bareiield, Bartlett, Beavers, Beddow, Bethune, Blackwell, Boone, Browne, Bulger, Burnett, Burns, Bjars, Garmichael ( Colbert) , Chapman, Cobb, Cofer, Coleman (Greene), Cunningham, Davis rbeKalb), Davis (Etowah), Dent, rleGraffenried, l^uke, Elej, Evster, Espj, Ferguson, Fletcher, P'oshec, Foster, ( I lover, Graha m ( Montgomery ) , Graham (Talladega), Grayson, Haley, Handley, Harrison, Heflin (Chambers), ^^eflin (Randolph), Hodges, Hood. Howell, Howze, Inge, 1420 Journal of Alabama Jackson, Jones (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), Knight, Reynolds (Chilton),. Reynolds (Henry), Rogers (Sumter), Sanford, Searcy, Selheimer, Kyle, Ledbetter, Sentell, Sloan, Lomax, Long (Butler), Long (Walker), Macdonald, Smith (Mobile), Smith, Mac. A.,, Spears, Studdard, McMillan (Baldwin), McMillan (Wilcox), Martin, Tayloe, Thompson, Vaughan, Merrill, Waddell, Miller (Wilcox), AValker, Murphree, Watts, Norman, Norwood, Weakley, White, Gates, Whiteside, O'Neal (Lauderdale), Opp, Parker ( Cullman ) , Williams (Barbour),. Williams (Marengo), Williams (Elmore), Pettus, Pillans, Reese, Wilson (Clarke), Wilson (Washington) Winn— 102. QUESTION OF PERSONAL PRIVILEGE. Messrs. Long of Walker^ and Walker arose to ques- tions of personal privilege, and proceeded to state their questions of personal privilege. PRIVILEGES OF THE FLOOR. The privileges of the floor were extended to Hon. T. K. Kennedv and Hon. Mr. Huev. Constitutional Convention. 1421 unfinished business. The Convention proceeded to the consideration of the unfinished business, which was the report of the Com- mittee on Corporations. The question recurred upon the adoption of the mi- norit}^ report, Section 13^. Mr. Graham of Montgomery moved to table the mi- norit}^ report (Section 13|.) The motion to table prevailed : Yeas, 74 ; nays, 35. YEAS. Messrs. President, Almon, Ashcraft, Banks, Beddow, Bethune, Blackwell, Brooks, Browne, Burnett, Burns, Cobb, Cunningham, Davis (Etowah), Dent, deGraffenried, Espy, Ferguson, Foster, Graham (Montgomery), Grant, Grayson, Haley, Handley, Harrison, Hood, • Howze, Inge, >Jenkins, Jones (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), I^edbetter, Lomax, I^ong (Walker), McMillan (Baldwin), -AIcMillan (Wilcox), Martin, Merrill, Miller (Wilcox), Norman, Norwood, < >ates, O'Neal (Lauderdale), Opp, Parker ( Cullman ) , Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Pitts, Peese, 'xVynolds (Henry), Rogers (Lowndes), Pogers (Sumter), Sanders, 1422 Journal of Alabama Searcy, Selheimer, Smith (Mobile), Smith, Mae. A., Stewart, Studdard, Tayloe, Thompson, Vaufthan, Wallver, Weakley, Weatherly, White, ^'N^ i 1 1 i a 111 s ( Marengo ) Wilson (Clarke) ^Vi]s(Hl ( Washinoton —74. NAYS, Messrs. Barefield, Bartlett^ Boone, Bulger, Byars, Carmichael ( Colbert ) Chapman, Coleman (Greene), Davis (DeKalb), Duke, Fletcher, Foshee, Glover, Heflin ( Chambers) , Heflin (Randolph), Hodges, Howell, Jackson, Kyle, Long (Butler), Macdonald, ^[alone, ^Nloody, Murphree, Proctor, Reynolds (Chilton), Sanford, Sentell, Sorrel 1, Spears, Spragins, Wnddell.' \Miiteside, Williams (Barbour) A\'inii — 35. PAIRS ANNOUNCED. The following pairs were announced : IMessrs. Eyster and Cofer, Ely and Locklin. ^Messrs. Eyster and Ely Avould vote aye; and Messrs. Cofer and Locklin would vote nay. SECTION FOURTEJ<]N. Was read at length as follows, and adopted : Sec. 14. All railroads and canals shall be public high- ways, and all railroad and canal companies .shall be Constitutional Convention. 1423 common carriers. Any association or corporation organ- ized for the purpose shall have the right to construct and operate a railroad between any points in this State, and connect at the State line with railroads of other States. Every railroad company shall have the right with its road to intersect, connect with, or cross any other rail- road, and shall receive and transport, each, the others freight, passengers and cars, loaded or empty, without delay or discrimination. SECTION FIFTEEN. Was read at length as follows : Sec. 15. The power and authority of regulating rail- road freights and passenger tarift"*ii, the location and building of passenger and freight depots, correcting abuses and preventing unjust discriminations and ex- tortion and requiring reasonable and just rates of freight and passenger tariffs, are hereby conferred upon the Legislature; whose duty it shall be to pass laws from time to time regulating freight and passenger tariffs to prohibit unjust discriminations on the various railroads, canals and rivers of this State, and prohibit charging other tlum just and reasonable rates, and enforce the same by adequate penalties. ^Ir. Sanford offered the following amendment to Sec- tion 15: Amend Section 15 by striking out the words "con- ferred upon the Legislature" in the fourth line of said section, and inserting in lieu thereof the words "con- ferred upon the railroad companies." And also to strike out the remainder of the section l)eginning at the words "whose duty it shall ])e" in the fourth line of said section. Mr. Kyle offered the foUowing substitute for the amendment offered by Mr. Sanford : Amend Section 15, in line five, strike out the following words, "from time to time regulating," and insert in lieu thereof the following, "at its first session after the ratification of this Constitution, and from time to time thereafter authorizing the Railroad Comuiis>M,oiiers of the State to regulate." 1424 Journal of Alabama On motion of Mr. deGraffenried the substitute and amendment were laid upon the table. Section 15 was thereupon adopted. SECTION SIXTEEN. Was read at length as follows : See. 1(>. No railroad or other transportation company or corporation shall grant free passes or sell tickets or passes at a discount other than as sold to the public gen- erall}', to any member of the Legislature, or to any officer exercising judicial functions under the laws of this State and any such member or officer receiving such pass or ticket for himself or procuring the same for another, shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding |500, and at the discretion of the court trying the ease in addition to such fine may be imprisoned for a term not exceeding six months ; and upon conviction shall be subject to impeachment, and removal from office. The courts having jurisdiction shall give this law spe- cially in charge to the Grand Juries, and when the evi- dence is sufficient to authorize an indictment the Grand Jury must present a true bill. Any county into or through which such mem- ber or officer is transported by the use of such prohibited pass or ticket, shall have jurisdiction of the case; provided only one prosecution shall be had for the same offense; and provided fur- ther, that the trial and judgment for an offense shall not bar a prosecution for another offense whei the same pass or ticket is used; and provided further that nothing herein shall prevent a member of the Legis- lature who is a bona fide employe of a railroad or other transportation companv or corporation at the time of his election from accepting or procuring for himself or an- other, not a member of the Legislature or officer exercis- ing judicial functions, a free pass over the railroad and other transportation company or corporation by which he is employed. INTr. Vaughan offered the following amendment to Sec- tion 16: Constitutional Convention. 1425 Amend Section 16 by adding after the word "Legis- lature'' on line three, the following, "members of muni- cipal councils''; also by adding after the word "Legis- lature" on line seventeen, the following, "or members of municipal councils." Mr. Blackwell offered the following amendment to the amendment offered by Mr. Vaughan : Amend Section 16 b}- striking out after the word "him- self" in line eighteen, the following words "or another, not a member of the Legislature, or officer exercising judicial functions." Mr. Opp moved to table the amendment of Mr. Vaughan and the amendment to the amendment offered by Mr. Blackwell. The motion prevailed and the amendment to the amendment was laid upon the table. Mr. Long of Walker moved to table Section 16. The motion was lost. On motion of Mr. Harrison Section 16, as originally reported was adopted. adjournment. Pending the further consideration of the report of the Committee on Corporations, the hour of 7 o'clock hav- ing arrived, under the rules the Convention adjourned until 9 o'clock to-morrow mornin"-. . SEVENTY-SIXTH DAY. Convention Hall. Montgomery, Ala., Tuesday, August 20. 1901. The Convention met pursuant to adjournment. Prayer was offered by Eev. Mr. Marshal of the city. ROLL CALL. On a call of the roll of the Convention, the following delegates answered to their names, which constituted a quorum : 90 1426 Journal of Alabama Messrs. President, Almon, Aslicraft, Banks, Barefield, Bartlett, Beddow, Bethune, Black well, Boone, Brooks, Browne, Bulger, Burnett, Byars, Carmiehael (Colbert), Cobb, Coleman (Greene), Craig, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, deCxralfenried, Duke, Eley, Espy, l'>rguson, Fletcher, ^^)shee, Foster, Crlover, Graham (Talladega), < I rant, Grayson, Greer (Calhoun), Haley, TTandley, Harrison, Heflin (Chambers), Heflin (Kandolph), Henderson, Hodges, Hood, Howell, Howze, 1 uge, Jackson, Jenkins, Jones, (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), Knight, Kyle, Long (Walker), Lov.e (Jefferson), McMillan (Wilcox), Mai one, !Martin, ^Maxwell, Merrill, Moody, Mulkey, ]\Iurphree, Norman, Norwood, Gates, Palmer, Parker (Cullman), Pearce, Pettus, Phillips, Pillans, Pvtts. Porter, Proctor, Reese, Reynolds (Chilton), Constitutional Convention. 142T Rogers (Lowndes) Kogers (Sumter), Samford, Sanders, Sanford, Seurcy, Selheimer, Sentell, Sloan, Smith (Mobile), Smith, Mac. A. Smith, Morgan M. Sorrell, Spragins, Stewart, Studdard, Tajloe, Thompson, Vauglian, Waddell, ^Yalker, Watts, Weakley, Weatherly, White, Whiteside, Williams (Barbour), Williams ( Marengo ) , Wilson (Clarke), Wilson Washington) — 105. LEAVES OF ABSENCE. Was granted to Messrs. Hinson, Lowe of Lawrence for to-day; Craig for yesterday; W^illett indefiniteh' ; Free- man yesterday and to-day; Samford and Henderson for yesterday, and to Mr. Coleman of Greene indefinitely. REPORT OF COMMITTEE ON THE JOURNAL, The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in : The Committee on the Journal beg leave ti> report that they have examined the Journal for the seventy-fifth day of the Convention, and that the same is correct. Respectfully submitted, John F. Proctor. Chairman, STENOGRAPHIC REPORT. Messrs. Sanford, Harrison and Opp called the atten- tion of the Convention to certain errors in the steno- graphic report of the proceedings of yesterday. The report was ordered corrected. 1428 Journal of Alabama resolutions on first reading. The following resolutions were introduced, severally read one time at length, and referred to appropriate committees, as follows : Resolution 31G, by Mr. Pettus: liesolved. That the Committee on Order, Consistency and Harmony of the Whole Constitution be and they are hereby instructed to report to this Convention, as a part of the Constitution to be adopted, the following section, to be properly numbered, by the committee : Sec. — . Persons who are not citizens of the United States or who are not descended from a father and a mother belonging to the white race, shall not be eligible to any office under the Constitution and laws of Ala- bama, except the office of policeman or deputy sheriff. The resolution was referred to the Committee on Rules. Resolution 317, by Mr. Parker, of Elmore: Whereas, Thomas W. Coleman, whose services as chairman of the Committee on Suffrage and Elections especially has been of inestimable value to this Conven- tion, and whose age, experience and wisdom have entitled him by common consent the Nestor of the Convention, has taken indefinite leave of absence, for a much needed rest, and this Convention may not have the benefit of his wise counsel or the pleasure of greeting him again; now therefore, be it Resolved : First, That this Convention hereby' ex- presses its high appreciation of his great services to the State of Alabama in the formation of the proposed Con- stitution ; Second, That we commend him and his posterity to the people of Alabama, for the purity of his motives, his distinguished ability and lofty patriotism which has characterized his long service to the State, and especially the self-sacrifice that he has freely made as a member of this Convention. Third, That this Convention hereby tenders to him in- dividually and collectively their generous regards for his future welfare and express the hope that in a green old COASTITUTIOXAL CONVENTION. 1429r age the lines may continue to fall about him in pleasant places, and that he may live to realize the full fruition of the hope that his beloved State may see apples of gold and pictures of silver from the tree of the Constitutioni that he has helped to plant. Resolution 318, by Mr. Craig : Eesolved, That the thanks of this Convention are due and are hereby tendered to the publishers of The Mobile Register and Tuskegee News for their courtesy in sup- plying the members of this Convention daily with a copj of those i^apers. The resolution was adopted. REPORT OF COMMITTEE ON ENGROSSMENT. Mr, Samford, chairman of the Committee on Engross- ment, submitted the following report: J/r. President: Your committee on Engrossment reports that they have examined the Article on Education and find the same correct. Respectfully submitted, Wm. H. Samford, Chairman. The Article on Education was read a third time at length as follows, and adoiJted: Yeas, 101; nays, 9. ARTICLE — EDUCATION. Section 1. The General Assembly shall establish, or- ganize and maintain a liberal system of public schools throughout the State for the benefit of the children thereof between the ages of 7 and 21 years. The public school fund shall be apportioned to the several counties in proportion to the number of school children of school age therein, and shall be so apportioned to the schools in the districts or townships in the county as to pro- vide, as nearly as practicable, school terms of equal 1430 Journal of Alabama duration in such school districts or townships. Separ- ate schools shall be provided for white and colored children and no child of either race shall be permitted to attend a school of the other race. Sec. 2. The principal of all funds arising fropi the sale or other disposition of lands or other property, which has been or may hereafter be granted or entrusted to this State or given by the United States for education- al purposes, shall be preserved inviolate and undimin- ished; and the income arising therefrom shall be faith- fully applied to the specific object of the original grants or appropriations. Section 3. All lands or other property given by indi- viduals, 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 ap- plied to the maintenance of the public schools. Sec. 4. All poll taxes levied and collected in this State shall be applied to the support of the public ■schools in the respective counties where levied and col- lected. Sec. 5. The income arising from the Sixteenth Sec- tion 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, together with the special annual tax of 30 cents on each flOO dollars of taxable property in this State shall be applied to the support and maintenance of the public schools and it shall be the duty of the General Assem- l)ly to increase, from time to time, the public school fund as the necessity therefor and the condition of the treasury and the resources of the State may justify. Provided, that notliing herein contained shall be so con- strued as to authorize the General Assembl}^ to levy in any one year a greater rate of taxation than 65 cents on each -flOO worth of taxable pro])erty; and provided further, that nothing herein contained shall prevent the Legislature from first providing for the payment of the State's bonded indebtedness and interest thereon out of all of the revenues of the State. Constitutional Convention. 1431 Sec. 6. Not more than 4 per cent, of all moneys raised or which may hereafter be appropriated for the support of public schools, shall be used or expended otlierwise 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 opera- tion of this section. Sec. 7. The supervision of the public schools of the State shall be vested in a Superintendent of Education, "whose po^^'ers, duties and compensation shall be fixed by law. Sec. 8. No money raised for the sui:)port of the public schools of the State shall be appropriated to or used for the support of any sectarian or denominational school. Sec. 9. The Asj^ricultural and Mechanical Collei^e now called the Alabama rolytechnic Institute, shall be under the management and control of a Board of Trustees. The Board for the Agricultural and Me- chanical College shall consist of two members from the Congressional district in which the college is located and one from each of the other Congressional districts in the State, said Trustees shall be appointed by the Governor Iw and with the advice and consent of the Senate, and shall hold office for a term of six years and until their successors shall be appointed and qualified. After the first appointment the Board shall be divided into three classes, as nearly equal as may be. The seats of the first class shall be vacated at tlie 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 biennially. No Trustee shall receive any pay or emolu- ment other than his actual expenses incurred in the dis- charge of his duties as such. The Governor shall be ex- officio President, and the Superintendent of Education ex-officio meml)er of said Board of Trustees. "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; and the Superin- 14B2 Journal of Alabama tendent of Education, and the Governor, who shall be ex-officio president of the Board. The members of the Board of Trustees now existing shall hold office until their respective terms expire under existing law, and until their successors shall be elected and confirmed as hereinafter required. When the term of anj- member of such board shall expire, the remaining members of the board shall, by secret ballot, elect his successor. At every meeting of the Legislature the Superintendent of Education shall certify to the Senate the names of all who shall have been so elected since the last session of the Legislature, and the Senate shall confirm or reject them, as it shall determine as for the best interest of the University. If it reject the names of any members, it shall thereupon elect trustees in the stead of those re- jected. The trustees who shall hereafter be elected and confirmed shall hold office for a term of six years from the date of their confirmation or election by the Senate, and until their successors shall be elected and confirmed. No trustee shall receive any pay or emolument other than his actual expenses incurred in the discharge of his duties as such. No Trustee shall hold office for more than twelve successive years. Sec. 10. The General Assembly shall have no power to change the location of the State University or the Agricultural and Mechanical College, or the institu- tions for deaf and blind, or the Alabama Girls' Indus- trial School, as now established by law, except upon a vote of two-thirds of the General Assembly, taken by yeas and nays and entered upon the Journals, Sec. 11. The General Assembly shall provide for tak- ing a school census by townships and districts through- out the State not oftener than once in two years, and shall provide for the punishment of all persons or offi- cers making false and fraudulent enumerations and re- turns; provided, the State Superintendent may order and supervise the taking of a new census in any town- ship, district or county, whenever he mav have re ison- able cause to believe that false or fraudulent returns have been made. Sec. 12. The several counties in this State shall have power to levy and collect a special tax not exceeding 10 Constitutional Convention. 1433 cents on each |100 of taxable property in such counties, for the support of public schools; provided, that the rate of such tax, the time it is to continue, and the purpose thereof shall have been first submitted to a vote of the qualified electors of the county and voted for by three-fifths of those voting at such election ; but the rate of such special tax shall not increase the rate of taxation, State and county combined, in any year, more than $1.25 on each |100 of taxable property; ex- cluding, however, all special county taxes for public buildings, roads, bridges and payment of debts existing at the ratification of the Constitution of 1875 for which special county taxes not exceeding one-fourth of one per cent, may be levied and collected; provided, that such funds so raised shall be so apportioned and paid through the proper school officials to the several sch^fols in the township and districrs iu said connly, 1]>at the school terms of the respective schools sliall be extended by such supplement as nearly the same length of time as practicable, and, provided, that the provisions of this section shall not apply to the cities of Decatur, New Decatur and Cullman. The Gen(n\il Assembly shall provide for carrying the provisions of this section into effect. Sec. 13. The provisions of this article and of any act of the General Assembly passed in pursuance thereof to establish, organize and maintain a system of public schools throughout the State, shall apply to Mobile county only so far as to authorize and require the authorities designated by law to draw the portions of the funds to which said county shall be entitled for school purposes, and to make reports to the Superin- tendent of Education as may be prescribed by law. And all special incomes and powers of taxation, as now authorized by law for the benefit of public schools in said county, shall remain undisturbed until otherwise provided by the General Assembly; provided, that separate schools for each race shall always be main- tained by said school authorities. Sec. 14. After the ratification of this Constitution there shall be paid out of the Treasury of this State at the time and in the manner provided by law, the sum of 1434 Journal of Alabama not less than |36,000 per annum as interest on the funds of the University of Alabama heretofore covered into the Treasury for the maintenance and support of said institution; provided, that the Tx^i^ishiture shall have the power, at any time they deem it proper for the best interests of said University, abolish the military system at said institution or reduce the said system to a depart- ment of instruction, and that such action on the part of the Lej^ishiture shall not cause any diminution of the amount of tlie annual interest payable out of the Treas- ury for the support and maintenance of said University. YKAS. Messrs. President, Almon, Ashcraft, Banks, Baretield, Bartlett, leavers, Beddow, Bethuue, Blackwell, Boone, Brooks, Browne, Bulger, Burnett, Carmichael (Colbert" Chapman, Cobb, Coleman (Creene), Cunningham, Davis (DeKalb), Davis (Etowah), (leCraffenried, Duke, Eley, Espy, Ferguson, Fletcher, Foster, (} lover, ( Ira ham ( T a 1 1 a dega ) , (rrant, < irayson, (irreer ( Calhoun), Halev, Ilaudley, Harrison, lleHiu ( (Chambers), Hetliu ( Ixandolph), I Icndei-.'-on, Hood. Howell, Howze, Inge, Jackson, Jones (Bibb), ■ Jones (Hale), Jones (Wilcox), Knight, I.edbetter, Ijomax, Long (Walker), Lowe (Jefferson), ^Vlacdonald, MclNlillau (Baldwin), Mf:\nilan (Wilcox), Mai one, Martin, Constitutional Convention. ]435 Maxwell, Merrill, Miller (Wilcox), Murpliree, Norman, Norwood, Opp, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Peitns, "iliiiu.s Pitts, Proctor, l^ees(\ Reynolds (Chilton), 1\ evnolds ( Henry ) , liOgers (Sumter), Sam ford, Sanders, Sant'ord, ^Messrs. Byars, Dent, l*\)shee, Kyle, Phillips, Searcy, Selheimer, Sentell, v^loan, Smith (Mobile), Smith, Mac. A., Smitli, Morgan M., Sorrell, Spragins, Stewart, Tayloe, Tliom|;son, Vaughan, Waddell, Walker, Weakley, W>atherlv, White, Williams (Marengo), Wilson (Clarke), AVinn— 101. NAYS. Porter, ■'■•^ Dears. Watts, Whiteside— 9. RECONSIDERATION. Mr. Brooks moved to reconsider the vote by which Section 16 of the Article on Corporations was adopted. On motion of Mr. Opp the motion of Mr. Brooks was laid upon the table. RESOLUTION. Mr. Howze offered the following resolution, and moved that the rules be suspended to place the resolution upon its immediate passage: 1436 Journal of Alabama Kesolution 415, by Mr. Howze: Whereas, The Convention has about completed its labors, with the exception of action upon the report o: the Committee on the Order, Consistency and Harmony of the Whole Constitution, and Whereas, It is uncertain when this report can be made and acted upon, and it is important that such action should be taken by this Convention as will be the most economical and best to facilitate the work of the Con- vention; ' , , Therefore, be it resolved. That a committee of five be appointed, consisting of the President and four other members named by him, whose duty it shall be to investi- gate and report whether it will be best for the Conven- tion to remain in session until the Committee on Order, Consistency and Harmony shall make its report, or to adjourn to some future day; said committee is author- ized to report such course as it may deem best for this Convention to adopt in the premises. Mr. Watts ottered the following substitute for the resolution offered by Mr. Howze: Be it resolved that the Committee on Harmony be and they are hereby instructed to report to this Conven- tion the articles passed on by them, and that this Con- vention proceed to consider said report. Mr. deGralfenried offered the following substitute for the original resolution and the substitute offered by Mr. Watts : Resolved, That this Convention, upon the completion of the business now on the calendar, recess until Wednes- day, the 2Sth day of August, at 12 o'clock, midday ; that during such recess no member shall be allowed pay ex- cept tlie members of the Committee on Order, Harmony and Consistency of the Whole Constitution and the clerical force of this Convention, but that each member be allowed mileage of 5 cents per mile each way to and from his home. Mr. Reese moved that the original resolution and pending amendments be referred to the Committee on Rules. On motion of Mr. Harrison the motion of Mr. Reese was laid upon the table. Constitutional Convention. 1437 By unanimous consent the substitute offered by Mr. Watts was withdrawn. On motion of Mr. Lowe of Jefferson the substitute of- fered by Mr. deGraftenried was laid upon the table. The question recurred upon the adoption of the ori- ginal resolution as introduced. The resolution was adopted. APPOINTMENT OF COMMITTEE. Under the resolution set out above the President an- nounced the following committee : Messrs. Howze, de- Graftenried, W. T. Sanders, T. H. Watts. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was the report of the Com- mittee on Corporations. SECTION SEVENTEEN. Was read at length as follows, and adopted : Sec. 17. No railroad company shall give or pay any rebate or a bonus in the nature thereof, directly or in- directly, or do any act to mislead or deceive the public as to the real rates charged or received for freights or passage; and any such payments shall be illegal and void, and these prohibitions shall be enforced by suitable penalties. SECTION EIGHTEEN. Was read at length as follows : Sec. 18. Rights, privileges and easements for public utilities over, along and under the streets of incorporated cities and towns shall not be granted, except by the proper legal authorities of such incorporated cities and towns. On motion of Mr. Harrison Section 18 was stricken out. 1438 Journal of Alabama section nineteen. Was read at length as follows, and adopted r Sec. 19. No railroad, canal or other transportation company in existence at the time of the ratitication of this Oonstitntion, shall have the benefi of any future legislation, bv general or special laws, other than in exe- cution of a trust created by law or by contract, except on the condition of complete acceptance of all proyisions of this article. Mr. Thompson ottered the following amendment, to constitute a new section to the Article on CoiiJorations : Amend report of Committee on Corporations by adding the following section : Sec. — . No })erson, firm or corporation engaged in mining shall have tlie authority to condemn a passage or right of way under the lands of another for more than 500 feet in length along section or quarter section lines. On motion of Mr. Long of Walker the amendment was laid upon the table. Mr. Sanf(jrd ottered the following amendment, to con- stitute a new section to tlie Article on Corporations: No municipality or incorporated cities and towns shall grant a franchise or enter into a contract, which may continue for fifty years without first submitting such franchise or contract to the (puilified electors of such cities, towns or municipalities, at an election expressly held for this purjtose, and unless a majority of such elect- ors shall attirmatively api)rove l»y their votes such fran- chise, grant or contract, the same shall not be granted or made, and all franchises, grants or t-ontracts not so approved shall be null and void. On uu>tion of Mr. Weakley the amendment was laid u])on the table. Mr. White ottered the fcdlowing amendment, to con- stitute a new section : Amend Articde on Corporations by adding an addi- tional section tln^'eto as follows: Sec. — . A Ivailroad Commission is hereby created, consisting of a ])resident and two associates, one of said Commissioners shall be learned in the law, and one of CONSTITUTIOxNAL CONVENTION. 1439 experience in railroad business, all of whom shall be elected by the qualified electors of this State. The term of office of said Commissioners shall be four je-dva and shall begin at the expiration of the terms of office of the present Railroad Commissioners. One of the commis- sioners shall be elected at the general election in 1902, and every four years thereafter; and the other two at the general election in 1904, and every four years there- after. Their compensation shall be fixed by the Legis- lature and paid as other State officers, and their duties shall be to carry out the provisions of this Constitution and all laws enacted relating to the transportation of freight and passengers by railroads in this State, and to discharge such other duties and to exercise such other power as ma^' be conferred upon them by law. No person owning any stock or other interests in any railroad, or who is the agent or employee of any rail- road, corporation or company, shall be eligible to the office of Kailroad Commissioner. On motion of ]\Ir. ^Murphree the amendment was laid upon the table. Mr. Graham of Montgomery offered the following amendment to Section 1 of the Article on Corporations, which was adopted by unaninu)us consent : Amend Section 1, report of Committee on Corpora- tions, by adding to Section 1 the following : "But strictly benevolent, educational or religious cor- porations shall not be required to pay such tax." On motion of Mr. Harrison the article was ordered en- grossed for a third reading and adoption. Mr. White moved to reconsider the vote by which the article was ordered engrossed for a third reading and adoption. Mr. Williams of Marengo moved that the motion to reconsider be indefinitely postponed. The motion to indefinitely postpone prevailed : Yeas, 78 ; nays, 39. 1434 Journal of Alabama YEAS. Messrs. President, Long (Butler), Barefield, Long (Walker), Bartlett, -Uacdonald, Blackwell, McMillan (Wilcox), Browne, Martin, Bulger, Miller (Wilcox), Burnett, Murphree, Byars, Norwood, Carmiehael (Colbert), O'Neal (Lauderdale), Cobb, ()j)p, Cofer, Palmer, Coleman (Greene), Parker (Cullman), Corn well, Parker ( Elmore i. Craig, Pearce, Cunningham, Phillips, Davis (DeKalb), Pillans, Davis (Etowah), Pitts, Dent, Proctor, deGraffenried, Reynolds (Henry), Ferguson, IJogers (Lowndes), Poster, Rogers (Sumter), Glover, Samford, Graham (Montgomery), Searcy, Graham ( Talladega ) , Senteil, Grant. Sorrell, Grayson, Stewart, Greer (Calhoun), Studdard, Haley, Tayloe, Harrison, Vaiiiihan, Heflin (Chambers), Waddell, Heflin (Randolph), Watts, Hood, Weakley, Howell, Wentherly, Howze, White, Inge, Williams (Barbour), Jenkins, Williams (Marengo), Jones (Montgomery), Wilson (Clarke) ^ Jones (Wilcox), Wilson ( Washington) , Knight, Winn— 78. Constitutional Convention. 1441 nays. Messrs, Aslicraft, Banks, Beddow, Bethune, Brooks, Burns, Chapman, Dent, Eley, Espy, Fletcher, Fosheo, Handley, Henderson, Hodges, Jackson, Jones (Bibb), Jones (Hale), Kyle, Ledbetter, Loniax, McMillan (Baldwin), Malone, Maxwell, Merrill, Moody, Norman, Gates, Pettus, Porter, Keese, Sanford, Selheimer, Sloan, Smith, Mac. A., Spears, Spragins, Thompson, Walker— 39. SPECIAL ORDER. The Convention proceeded to the consideration of the special order, which was the amendment offered by Mr. Watts to the Article on Legislative Department, and the substitute for the amendment offered by Mr. Burns. The amendment and the substitute were read at length as follows : Amendment to Article on Legislative Department, by Mr. Watts : Amend Section IT, report of the Legislative Commit- tee, by adding thereto the following words, viz. : "No negro shall be permitted to hold office in this State." Substitute for amendment offered by Mr. Watts, by Mr. Burns: Substitute for amendment by Mr. Watts: "And no person, who is not a Avhite qualified voter shall hold any office under this State." 91 1442 Journal of Alabama On motion of Mr. Coleman of Greene the amendment and substitute above set out were laid upon the table, REGULAR ORDER. The Convention proceeded to the consideration of the regular order, which was ordinance 414. The ordinance was read a third time at length as fol- lows, and adopted: Yeas, 109; nays, 0. Ordinance 414, by Mr. Watts : An ordinance to provide for the succession in the office of Governor in event of his death, resignation, removal from office, disability or absence from the State, occur- ring prior to the next election of a President of the Sen- ate and Speaker of the House. Sec. 1. Be it ordained by the people of Alabama in Convention assembled, That in event the Governor dies^ resigns, is removed or under disability or absent from the State for moi-e than twenty days prior to the next election of a President of the Senate and a Speaker of the House, the powers and duties of the office shall de- volve in the order named, upon Hon. D. J. Meador, the last President pro tern of the Senate; next upon the Hon. A. M. Tuustall, the last Speaker pro tem of the House; next upon the Attorney General ; next upon the Auditor; next upon the Secretary of State; next upon the Treas- urer ; but the power and duties of the person exercising the office of Governor in lieu of the Governor shall cease and terminate whenever a President of the Senate and a Speaker of the House shall be elected at the next meet- ing of any General Assembly. Sec. 2. Be it further ordained that this ordinance shall go into effect immediately. YEAS. Messrs. Ashcraft, Bethune, Barefield, Blackwell, Bartlett, '^rooks. Beavers, RroA\iQe, Beddow, Bulger, Constitutional Convention. 1443 Burnett, Burns, Byars, Carmichael (Colbert), Chapman, Cobb, Cofer, Corn well, Craig, Cunuingham, Dent, deOraffenried, Duke, Eley, Evster, Espy, Ferguson, Fletcher, Foster, Glover, Graham (Montgomery), Grant, Grayson, Greer (Calhoun), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Kandolph), Henderson, Hood, Howell, flowze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), Knight, Kyle, Ledbetter, Lomax, Lowe (Jefferson), Macdonald, :\[cMi]lan (Baldwin), McMillan (Wilcox), Martin, Maxw^-1], .Alerrill, Miller (Wilcox), Murphree, Norman, Norwood, Gates, O'Neal (Lauderdale), Opp, O'Kear, Palmer. 3»:u-ker'( Cullman), Parker (Elmore), Pearce, Pettus, ■ Phillips, Pillans, Pitts, Porter, Proctor, Reese, Reynolds (Chilton), Reynolds (Henry), Rogers (Sumter), Samford, Sanders, San ford, Searcy, Selheimer, Sentell, Sloan, Smith, Mac. A., Smith, Morgan M. il444 Journal of Alabama Sorrell, Weakley, Spears, NVeatherly, Spragins, White,, Stewart, Whiteside, Tayloe, Williams (Barbour), Thompson, Williams (Marengo), Waddell, Wilson (Washington), Walker, Winn— 109. Watts, On motion of Mr. Jones of Montgomery, the ordinance (414) was referred to the Committee on Order, Con- sistency and Harmony of the Whole Constitution, with- out engrossment or printing. ORDINANCE 449. The Convention proceeded to the consideration of the next regular order, which was ordinance 449. The ordinance was read at length as follows : Report of the Committee on Amending the Constitu- tion and Miscellaneous Provisions : Mr. President : Your Committee on Amending the Constitution and Miscellaneous Provisions to which was referred ordi- nance No. 449, by Mr. Browne of Talladega, has in- structed me to report favorably the said ordinance, with the following substitute for the same, which they recom- mend be adopted, the said substitute having been agreed upon in writing by those opposing and those favoring said ordinance No. 449. Respectfully submitted, J. M. Foster, Chairman. An ordinance to repeal so much of ordinance No. 390 as amended and adopted by this Convention which ap- plies to beats 8, 9 and 13 of Shelby county. Be it ordained by the people of Alabama in Conven- tion assembled, that the substitute for ordinance No. 390, to provide for the establishment of a court house and jail in St. Clair county, as amended by providing Constitutional Convention. 1445 for the establishment of a court house and jail in Shelby county, which has been adoi3ted by this Convention, be and the same is hereby repealed, so far as the same ap> plies to beats 8, 9 and 13 of Shelby county. The substitute was adopted. The question recurred upon the adoption of the ordi- nance as amended by the substitute. The ordinance was adopted : Yeas, 98 ; nays, 2. YEAS. Messrs. President, Fletcher, Almon, Foster, Ashcraft, Glover, Banks, Graham (Montgomery), Barefield, Graham (Talladega), Beavers, Grant, Beddow, Grayson, Bethune, Greer (Calhoun), Blackwell, Haley, Boone, Handley, Brooks, Harrison, Browne, Heflin (Chambers), Burnett, Heflin (Randolph), Byars, Henderson, Carmichael (Coffee), Hood. Chapman, Howell, Cobb, Howze, Cofer, Tnce, Craig, Jackson, Cunningham, Jenkins, Davis (DeKalb), Jones (Bibb), Davis (Etowah), Jones (Montgomery), Dent, Jones (Wilcox), deGraffenried, Knicfht, Duke, Led better. Eley, Tyomax, Eyster, Lowe (Jefferson), Espy, Mncdonald, Ferguson, ^McMillan ( Baldwin )v 1446 Journal of Alabama McMillan (Wilcox), Martin, Miller (Wilcox), Miirphree, Norman, Norwood, Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pettus, Phillips, Pillans, Pitts, Porter, Proctor, Beese, Beynolds (Chilton), J^ejnolds (Henry), Rogers (Sumter), Samford, Sanders, Sanford, Searcy, Selheimer, Sloan, Smith, Mac. A. Smith, Morgan M., Sorrell, Spears, Spragins, Vaughan, Waddell, Weakley, Weatherlv, •White, Williams (Barbour), Williams ( Marengo ) , Winn— 98. Messrs. Merrill, NAYS. Watts— 2. On motion of Mr. Browne the ordinance was referred to the Comittee on Order, Consistency and Harmony of the Whole Constitution, without engrossment or print- ing. ORDINANCE 410. The Convention proceeded to the consideration of the next regular order, which was ordinance 410, reported favorably with a substitute. The report was read at length as follows : Substitute by Committee on Judiciary for ordinance No. 410, viz. : In all prosecutions for rape and assault with intent to rape, the court may, in its discretion, exclude from the court room all persons except such as may be necessary dn the conduct of the trial. Constitutional Convention. 1447 Tlie following is ordinance No. 410, bv Mr. Keese : Be it ordained hy the people of Alabama, in Conven- tion assembled : Article — Sec. — . In all prosecutions for rape, adultery, forni- cation and sodomy or crime against nature, the court may, in its discretion, exclude from the court room all persons except such as may be necessary in the conduct of the trial. The substitute was adopted. The question recurred upon the adoption of the ordi- nance 410 as amended by the substitute. The ordinance was adopted : Yeas, 102 ; nays, 4. YEAS. Messrs. President, Almon, Ashcraft, Banks, l^arefield, Bartlett, Beavers, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Bulger, Burnett, Burns, Byars, Carmichael (Colbert), Chapman, Cobb, Cofer, Craig, Cunninirham, Davis (DeKalb), Davis (Etowah), Dent, deGraffenried, Duke, Eley, Eyster, Espy, Ferguson, Foster, (rlover, Graliam ( Montgomery ) Graham (Talladega), Orant, Grayson, Greer (Calhoun), naley, FTandley, Harrison, Heflin (Chambers), ITeflin 'Randolph), Henderson, Hodges, H'.od Howell, Jackson, 1448 Journal of Alabama Jenkins, Jones (Bibb), Jones (Hale), Jones (IMontgomery), Jones (Wilcox), Knio-ht, Kyle, Lomax, Macdonald, McMillan (Baldwin), Mc:\nilan (Wilcox), Mai one, Martin, Maxwell, Merrill, Murphree, Norwood, O'Neill (Jefferson), Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Phillips, Messrs. Fosliee, Whiteside, Pillans, Pitts, Proctor, Txeese, Kevnolds (Chilton), Reynolds (Henry), liojiers ( Sumter), Sanders, Sentell, Sloan, Smith, Mac. A., Smith, Morgan M., Sorrel 1, Spragins, Stewart, Tayloe, Thompson, Waddell, Walker, Weakley, Wliite, Williams (Barbour), Williams (Marengo), Wilson (Clarke) Wilson ( AVashington ) ,. Winn— 102. NAYS. Spears, Watts— 4. SUBSTITUTE FOR RULE 53. The Convention proceeded to the consideration of the next regular order, which was the substitute reported by the Committee on Rules for rule 53. The substitute was read at length as follows : Amendment by Rules Committee : Amend rule 53 so as to read as follows : Rule 53. The Committee on Order, Consistency and Harmony of the Constitution shall report the proposed Constitution to the Convention, or any part o- n-M t^t Constitutional Convention. 1449 thereof, from time to time a« they may think proper, and the Constitution, or the parts thereof, so reported, shall be read and acted up, article by article, and submitted to a vote of the Convention ; if a majority of the members present shall vote therefor, the same shall be adopted, but if amended in any particular, it shall be re-referred, with such amendments, to the said committee, who shall cause the article or articles amended, with such amend- ment so adopted, to be rewritten and report the same to the Convention for its action. When the Constitution shall have finally been adopted by the Convention it shall be enrolled, and when enrolled it shall be aj^ain read, and attested by the President and Secretary, and each delegate to the Convention shall jjersonally sign his name thereto. The signature of the majority of the delegates present, or a majority of the Convention, shall constitute a sufficient attestation. On motion of Mr. White the substitute was laid upon the table. SCHEDULE^ printing AND INCIDENTAL EXPENSES. Mr. Heflin, chairman of the Committee on Schedule, Printing and Incidental Expenses, called up the follow- ing report, which was adopted, and the President was authorized to draw a warrant on the Treasurer for the several amounts, in favor of the firms and individuals mentioned in the report. Mr. President : The Committee on Schedule, Printing and Incidental Expenses have instructed me to make the following par- tial report, viz. : The committee has audited the accounts hereto at- tached and find that the State of Alabama is indebted to the Ed. C. Fowler Co., of Monttiomerv, Ala., in the sum of 1113.15. We find that said State is indebted to tlie Brown Printing Co., of Montgomery, Ala., in the sum of |464.45 for printing. We find that said State is indebted to J. W. Terry of Montgomery, Ala., in the sum of ^5.00 for the use of a typewriter from July 24th to August 24th. 1450 Journal of Alabama All of the above accoimts are for priutiu;^- doue, and for articles furnished the State of Alabama for the use of the Constitutional Convention, and all of the above accounts are itemized as shown by bills hereto attached. Total amount |5S2.60. And we recommend the payment of the same. All of which is respectfully submitted, John T. Heflin, Chainnan. REPORT of standing COMMITTEES. Mr. Hefiin of Randolph, chairman of the Committee on Schedule, Printing and Incidental Expenses, sub- mitted the following report, which was read at length as follows: Mr. President : The Committee on Schedule instructs me to make the following report : The Committee on Schedule has carefully considered all of the provisions of the schedule of the Constitution of 1875, and no change is made in said article except in Section 3, 4, 7 and 8, and they here with report the at- tached article, which they recommend shall be adopted by this Convention as the Schedule of the new Constitu- tion. All of which is respectfully submitted, John T. Heflin^ Chairman Committee on Schedule. ARTICLE — schedule. In order that no injuiy or inconvenience may arise from the alterations and amendments made by this Con- stitution to the existinc: Constiution of this State, and to cai'ry this Constitution into effect, it is hereby or- dained and declared : First — That all laws in force at the ratification of this Constitution and not inconsistent therewith, shall re- main in full force, until altered and repealed by the Leg- ishiture; and all rights, actions, prosecutions, claims and Constitutional Convention. 1451 contracts of this State, counties, individuals or l)odies corpoi'ato, not inconsistent witli tliis Constitution, shall continue to be valid as if this Constituion had not been ratified. Second — That all bonds executed bj or to any officer of this State, all recognizances, obligations and all other instruments executed to this State, or any subdivision or municipality thereof, before the ratification of this Constiution, and all fines, taxes, penalties and forfeit- ures due and owing to this State, or any subdivision, or any municipality thereof; and all writs, suits, prosecu- tions, claims and causes of action, except as herein otherwise provided, shall continue andremaiu unaffected by the ratification of this Constitution. All indictments which may have been found, or which may hereafter be found, for any crime or offense committed before the ratification of this Constitution, shall be proceeded upon in the same manner as if this Constitution had not been ratified. Third — That all the executive and judicial officers, and all other officers in this State, who shall have been elected at the election held in this State on the first day of August, 181)8, or who may have been appointed since that time, and all members of the present General As- sembly, and all that may hereafter be elected members of the present General Assembly, and all other officers hold- ing office at the time of the ratification of this Consti- tution, shall continue in office and exercise the duties thereof until tlieir respective terms shall expire, as pro- vided ])y the present Constitution and laws of this State. Fourth— This Constitution shall l)e submitted to the qualified electors of this State for ratification or re- jection, as authorized and required by an act of the Gen- eral Assend)ly of this State, entitled "an act to provide for holding a Convention to revise and amend the Con- stitution of this State," approved December the 11 th, 1900. pifth — That instead of the publication as required by Sections 6 and 24 of an act to provide for holding a Con- vention to revise and amend the Constitution, the Gov- ernor of the State is hereby authorized to take such steps 1452 Journal of Alabama as will give general publicity and circulation to this Constitution in an as economical manner as practicable. Sixth — That the unexpired portion of the present terms of the Trustees of the State University shall not be computed as part of the twelve successive years for which, under the provisons of this Constitution, Trus- tees of the University may hold office, but members of the existing Board of Trustees may, if elected thereto, hold office as such Trustees for twelve successive years in addition to the unexpired portion of their present terms. Sc enth — The salaries of the Executive and Judicial and all other State officers of this State who may be holding office at the time of the ratification of this Con- stitution, and the pay of the present members of the General Assembly, shall not be affected by the provisions of this Constitution. On motion of Mr. Heflin of Randolph the rules were suspended and the article reported by the Committee on Schedule, Printing and Incidental Expenses was taken up for adoption. The article was read section by section and adopted r. Yeas, 106; nays, 0. YEAS. Messrs. President, Gofer, Ashcraft, Cunningham, Barefield, Davis (DeKalb), Bartlett, Davis (Etowah), Beavers, Dent, Beddow, deGraffenried, Bethune, Duke, Blackwell, Eley, Brooks, Eyster, Browne, Espy, Burns, l-^^rgurff n, Byars, l-'letcher, Carmichael (Colbert), Foster, Chapman, Glover, Cobb, Graham (:\rontgomery). Constitutional Convention. 1453 Oraham (Talladega), Grant, Orajsoii, Greer (Calhoun), Haley, Handley, Harrison, Heflin (Chambers), Hetlin (Randolph), E[end3rson, Hodges, Hood, Howell, Howze, Inge, Jackson, Jones, (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), Knight, Ledbetter, Lomax, Long (Butler), Lowe (Jefferson), Lowe (Lawrence), Macdonald, :N[cMillan (Baldwin), McMillan (Wilcox), Malone, aMartin, Maxwell, Merrill, Miller (Wilcox), Moody, Murphree, Norhian, jS^orwood, Gates, O'Neal (Lauderdale), Opp, O'Kear, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Pitts, Porter, Proctor, Iveese, Rogers (Sumter), Samford, Sanders, Stmford, Searcy, Selheimer, Sentell, Smith, Morgan M., Sorrell, Spears, Spragins, Stewart, Tayloe, Thompson, Vaughan, Waddell, Watts, Weakley, Weatherly. Whiteside, Williams ( Marengo ) , Wilson ( Washington ) , Winn— 106. 1454 Journal of Alabama On motion of Mi*. Hellin of Ilandolph the report was- ordered printed and referred to the Committee on Order, Consistency and Harmony of the Whole Constitution without engrossment. Mr. Hellin of ]\andolph, chairman of the Committee on Schedule, Printing and Incidental Expenses , also submitted the following contract, and moved that the same be spread upon the Journal, and a cop3' of said con- tract be tiled \Aith the Secretary of State. Tlie motion prevailed. The contract was read at length as follows : To the Hoiiorahic Coiniiilitcc on ScJicdulc, Fritttiiif/ and Incidental Expenses — Gentlemen : We will ])rint one thousand (1,000) copies of the Journal of the Constitutional Convention as follows: On 50-lb book paper, same quality as that in the Sup- reme Court of Alabama Reports, and in the same style of type, (small pica) for 65 cents per page. A'\'ill bind in full cloth one thousand (1,000) copies for 17 cents, lettered as may hereafter be decided. To be sewed on five bands. Cloth to be same as sample shown, ( Publication of -Morris' Papers, New Jersey). The Brown Printing Co. J. n. Crenshaw, Heey. and Treas. AV(\the committee of the Constitutional Convention ap- ])ointcd and directed to contract for and let the }»rinting and binding of the Journal of the said Convention here- by award the contract for the said printing and binding to the Brown Printing Co., in accordance with the bid hereinaltove submitted and accepted l>y us. John T. Heflin, Chairman Committee on Schedule, Printing and Inci- dental Expenses. August 14, 1901. ]\Ir. Heflin of lvandol])h also reported without recom-- mendation the following ordinance : Ordinance 446, by Mr. Williams, of Marengo: COXSTITUTIONAL CONVENTION. 1455 To provide for the indexing the stenographic report and for snpplying members of the Convention therewith, and to repeal resolution No. 1G9, touching the same mat- ter. Be it ordained b}- the people of Alabama in Conven- tion assembled. That resolution No. 1G9 heretofore passed bv this Convention, be and the same is hereb}' re- pealed. Be it further ordained, That the Secretary of this Convention shall immediately on the adjournment sine die of this Convention, contract with some reliable and competent person to make a full and complete index of the stenographic report of the proceedings of this Con- vention, and that for such services he shall be author- ized to spend not exceeding the sum of one hundred and fifty (.$150) dollars, and said index shall be completed Avithin sixty days after the adjournment of this Conven- tion, and shall by the Secretary be placed in the hands of a reliable printer, who shall not make less than twelve hundred (1,200) copies thereof, and the contract entered into with such printer shall not exceed the sum of |75, or so much of the same as nmy l)e necessary for the print- ing of the same. The making of the index and the printing thereof shall be done under the supervision of the Secretary, who shall mail, or cause to be mailed, to each member of this Convention at their proper homes, not less than five copies <)f said index, and the Secretary shall place in the stenographic reports reserved for the use of the State one each of said indices. Be it further ordained. That there is hereby ap])rop]-i- ated out of any njoney in the State Treasury, not other- wise appropriated, the sums of money mentioned above for compensation for the services to be rendered, and when the Secretary certifies, under his hand, to the Audi- tor, tliat the work above mentioned has been fullv com- pleted- tlte Auditor shall draw^ his warrant upo the State Treasury for said amount in favor of the Secretary, who shall thereupon pay it over to the proper parties. The ordinance was referred to the Committee (ui Schedule, Printing and Incidental Expenses. 1456 JouENAL OF Alabama Mr. Heflin of Chambers moved that the rules be sus- pended and that the ordinance 446 be taken up for adoption. Tlie motion to suspend the rules was lost. KEPORT OF THE COMMITTEE ON ENGROSSMENT. Mi\ President : Your Committee on Engrossment has examined the Article on Militia and has found the same to be correctly engrossed. Wm. H. Samford^ Chairman. ARTICLE on third READING. The Article on Militia was taken uj), read a third time at length, as follows, and adopted: leas, 109; navs, 0. ARTICLE — Section 1. The Legislature shall have the power to de- clare who shall constitute the militia of the State, and to provide for organizing, arming and disciplining the same ; and the Legislature may provide for the organiza- tion of a State Naval Militia. Sec. 2. The Legislature, in providing for the organiza- tion, equipment and discipline of the militia, shall con- form as nearly as practicable to the regulations for the government of the armies of the United States. Sec. 3. Each company and regiment .shall elect its own company and regimental officers; but if any com- pany or regiment shall neglect to elect such officers with- in the time prescribed by law, they may be appointed by the Governor. Sec. 4. Volunteer organizations of infantry, cavalry, and artillery and naval militia may be formed in such manner and under such restrictions and w^ith such privi- leges as may be provided l)y law. Sec. 5. The militia and volunteer forces shall, in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at musters, parades and elections and in going to and re- turning from the same. Constitutional Convention. 1457 Sec. 6. The Governor shall, except as otherwise pro- vided herein, be commander-in-chief of the militia and volunteer forces of the State, except when in the service of the United States, and shall, with the advice and con- sent of the Senate, appoint all general officers, whose terms of office shall be for four years. The Governor, the generals and regimental and batallion commanders shall appoint their own staff's, as may be provided by law. Sec. 7. The Legislature shall provide for the safe- keeping of the arms, ammunition and accoutrements, military records, banners and relics of the State. Sec. 8. The officers and men of the militia and volu- teer forces shall not be entitled to or receive any pay, rations* or emoluments when not in active service. YEAS. Messrs. President, Almon, Ashcraft, Barefield, Bartlett, Reavers, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Bulger, Burns, Byars, Chapman, Cobb, Cofer, Craig, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, 92 deGraffenried, Duke, Eley, Eyster, Espy, Ferguson, Foster, Glover, Graham (Montgomery), Graham (Talladega), Grant, Grayson, Greer (Calhoun), Haley, Handley, Reflin (Chambers), Heflin (Randolph), Henderson, Hood. Howell, Howze, Inge, ■I.ickson, 1458 Journal of Alabama Jenkins, Pillans, Jones (Bibb), Pitts. Jones (Hale), Proctor, Jones (Montgomery), Keese, Jones (Wilcox), Heynolds (Chilton), Knioht, Reynolds (Henry), Kyle, Rogers ( Lowndes) , Ledbetter, Rogers (Sumter), Lomax, Sam ford. Long (Butler), Sanders, Lowe (Jefferson), San ford. .Afaedonald, Seai'cy, McMillan (Baldwin), Senteil, McMillan (Wilcox), Smith, Mac. A., ]\Lalone, Smith, Morgan M., Martin, Sorrell, Maxwell, Sj)i'agins, ]\rerrill, Stewart, Miller (Wilcox), Tayloe, Murpliree, Thompson, Norman, Vaughan, Norwood, Waddell, Oates, Walker, O'Neal (Lauderdale), Watts, Opp, Weaklev, O'Rear, White, Palmer, Williams (Barbour), Parker (Cullman), Williams (Marengo), Parker (Elmore), Wilson (Clarke)," Pearce, Wilson (Washington) Pettna, Winn— 109. Phillips, «. TO RECALL ORDINANCES FROM CO:\rMITTEE. Mr. deGraffenried moved to recall ordinance 426 fro^ii the Committee on Banks and Banking. Mr. Fletcher moved to table the motion of Mr. deCvaf- fenried. The motion prevailed, and the motion of ^Iv. dc'Irir- fenried was laid upon the table. Constitutional Convention. RECESS. 145^ On motion of Mr. O'Neal of Lauderdale the t Conven- tion recessed until o :30 o'clock this afternoon. AFTERNOON SESSION. The Convention met pursuant to adjournment, ROLL CALL, On a call of the roll of the Convention the follow- ing delegates answered to their names, which consti- tuted a quorum : Messrs. President, Fletcher, Banks, Foshee, Barefield, Foster, Bartlett, Gilmore, Beavers, Glover, Beddow, Bethune, Blackwell, Graham (Montgomery), < Iraham ( Talladega ) , Grant, Brooks, Grayson, Browne, Bulger, Burnett, Greer (Calhoun), Haley, Handley, Byars, Harrison, Oarmichael (Colbert), Chapman, Cobb, Heflin (Chambers), Heflin (Randolph), Henderson, Cofer, Hodges, Cornwell, Hood, Craig, Cunningham, Howell, Howze, Davis (Etowah)^ Dent, Inge, JenkinSj deGraffenried, Jones, (Bibb), Duke, Eley, Eyster, Jones (Montgomery), Jones (Wilcox), Knight, 1460 Journal of Alabama Kyle, Ledbetter, Long (Walker), £iOwe (Jefferson), Lowe (Lawrence), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Mai-tin, Maxwell, Merrill, Miller (Wilcox^ Moody, Murphree, Norman, Norwood, (TNeal ( Lauderdale ) , Opp, O'Rear, Palmer, Parker (Cullman), I'carce, Petfcus, Phillips, Pitts, Porter, Proctor, IJeese, Ke^'nolds (Chilton), Reynolds (Henry), Eogers (Lowndes), Rogers (Sumter), Samford, Sanders, Sanford, Searcy, Selheimer, Sentell, Smith, Mac. A., Smith, Morgan M. Sorrell, Spragins, Stewart, Studdard, Thompson, Vaughan, Walker, Watts, Weakley, White, Whiteside, Williams (Barbour), Williams (Marengo), Wilson ( Washington ) , Winn— 107. REPORT OF THE COMMITTEE ON ENGROSSMENT, Mr. Samford, chairman of the Committee on Engross- ment, submitted the following report : Mr. President: Your Committee on Engrossment report that they have examined and compared the Article on Corpora- tions, and find the same correctly engrossed. Wm. H. Samford, Chairman. The Article on Corporations was read at length as follows a third time, and adopted: Yeas, 99; nays, 8. Constitutional Convention. 1461 An ordinance to provide for the organization and regulation of corporations in the State of Alabama. Be it ordained b}" the people of Alabama in Conven- tion assembled, that Article XIV of the Constitution cff 1875, except that portion thereof under the head of Banks and Banking, be stricken out and the following, inserted in lieu thereof : Section 1. The Legislature shall pass no special act conferring corporate powers, but it shall pass gener;il laws under which corporations may be organized and- corporate powers obtained; subject, nevertheless, to re- peal at the will of the Legislature; and shall pass gen- eral laws under which charters may be altered or amend- ed. The Legislature shall, by general law, provide for the payment to the State of Alabama of a franchise tax by corporations organized under the laws of this State, which shall be in proportion to the amount of capital stock. But strictly benevolent, educational or religious corporations shall not be required to pay such a tax. The charter of any corporation shall be subject to amend- ment, alteration or repeal under general laws. Sec. 2. All existing charters under which a bona fide organization shall not have taken place, and business been commenced in good faith within twelve months from the time of the ratification of this ConstitutioB", shall thereafter have no validity. Sec. 3. The Legislature shall not remit the forfeiture of the charter of any corporation now existino- nor alter or amend the same, nor pass anv general or special law for the benefit of such corporation other than in execu- tion of a trust created by law or by contract, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution. Sec. 4. No foreign corporation shall do any busines^i in this State without having at least one known place of business, and an authorized agent or agents therein, and" without filing with the Secretary of State a certified copy of its articles of incorporation or association. Such corporation may be sued in any county where it does business, by service of process upon an agent anywhere in the State. The Legislature shall, by general Iaw> 1462 Journal of Alabama providi^ for the payment to the State of Alabama of a francliise tax by such corporation, but based on actual amount of capital employed in this State. Strictly benevolent, educational or religious corporations shall not be reei"ty for public use, shall make just compensation to be ascer- tained as may be provided by law, for the property taken, hijui-ed or destroyed by the construction or en- largements of its works, highways or improvements, •which 'ompensation shall be paid before such taking, injury 'H- destruction. The Legislature is hereby pro- hibited fr<»m depriving any person of an appeal from any preliminary assessment of danmges against any such corporations or individuals nuule by viewers or other- wise, but such appeal shall not deprive the person who has obt;iin(Ml the judgment or condemnation from a right of entry, })i'(tvided he shall have paid into court in money the anitHint of the damages assessed and shall ]u{\o giv^en bond III not less than double the amount of the damages assessf'il, with good and sufficient sureties to pay such damages as the ]>ropertv owner may sustain ; and the amount of damages in all cases of ai)]ieals shall, on the demand of either ])arty, be deternvned by a jury, accord- ing to law. Sec. ■<. Dues from ])rivate cori>orations shall be se- cured b; such means jis mav be i)rescribed bv law, but in no caM^ sball any stockholder be individuallv liable Constitutional Convention. 1463 otherwise tliau for the unpaid stock owned by him or her. Sec. 9. No corporation shall issue preferred stock without the consent of the owners of two-thirds of the stock of said corporation. Sec. 10. The Legislature shall have the power to alter, amend or revoke any charter of incorporation now exist- ing and revokable at the ratification of this Constitution, or any that may be herafter created, whenever, in their opinion, it may be injurious to the citizens of this State, in such manner, however, that no injustice shall be done to the stockholders. Sec. 11. Any association or corporation organized for the purpose, or any individual shall have the right to construct and maintain lines of telegraph and telephone within tliis State, and connect the same with other lines, and the Legislature shall, by general law of uniform ope- ration, provide reasonable regulations to give full effect to this section. Xo telegraph or telephone company shall consolidate with or hold a controlling interest in the stock or l>onds of any other telegraph or telephone com- pany owning a competing line, or acqtiire, by purchase or otherwise, an_y other competing line of telegraph or telephone. Sec. 12. All corporations shall have the right to sue, and shall be subject to be sued, in all courts in like cases as natural persons. Sec. 13. The tei-m ''corporation" as used in this arti- cle, shall be construed to include all joint stock com- panies or any association having any of the powers or privileges of corporations, not possesisied by individuals or partnerships. RAILROADS AND CANALS. Sec. 14. All railroads and canals shall be public high- ways, and all railroads and canal companies shall be common carriers. Any association or corporation or- ganized for the purpose shall have the right to construct and operate a railroad between any points in this State, and connect at the State line, with railroads of other 1464 Journal of Alabama States. Every railroad company shall have the right with its road to intersect, connect with, or cross any other railroad, and shall receive and transport each, the others freight, passengers and cars, loaded or empty, without delay or discrimination. Sec. 15. The power and authority of regulating rail- road freight and passenger tariffs, the location and building of passenger and freight depots, correcting abuses,"and preventing unjust discrimination and extor- tion and requiring reasonable and just rates of freight and passenger tariffs, are hereby conferred upon the Legislature, whose duty it shall be to pass laws from time to time regulating freight and passenger tariffs, to prohibit unjust discriminations in the various railroads, canals and rivers of this State, and prohibit charging other than just and reasonable rates and enforce the same by adequate penalties. Sec. 10. No railroad or other transportation company or corporation shall grant free passes or sell tickets or passes at a discount other than as sold to the public gen- erally, to any member of the Legislature or to any officer exercising judicial functions under the laws of this State, and any such member or officer receiving such a pass or ticket for himself, or procuring the same for an- other, shall be guilty of a misdemeanor, and, upon con- viction, shall be fined not exceeding |500, and at the dis- cretion of the court trying the case, in addition to such fine, may be imprisoned for a term not exceeding six months, and upon conviction, shall be subject to im- peachment and removal from office. The courts having jurisdiction shall give this law specially in charge to the Grand Juries, and when the evidence is sufficient to authorize an indictment, the Grand Jury must present a true bill. Any county into or tlirougli which such member or officer is transported by the use of such pro- hibited pass or ticket, shall have jurisdiction of the case, providing only one ]>rose('ution shall be had for the same offense; and pi-ovided further, that the trial and judg- ment for an offense shall not bar a prosecution for an- other offense, when the same pass or ticket is used ; and provided further, that nothing herein shall prevent a: Constitutional Convention. 1465' member of the Legislature who is a bona fide employe of a railroad or other transportation company or corpora- tion at the time of his election, from accepting or pro- curing for himself or another, not a member of the Leg- islature, or officer exercising judicial functions, a free pass over the railroads and other transportation com- pany or corporation by which he is employed. Sec, 17. No railroad company shall give or pay any rebate, or a bonus in the nature thereof, directly or in- directly, or do any act to mislead or deceive the public as to the real rates charged or received for freights and passage; and any such payments shall be illegal and void, and these prohibitions shall be enforced by suitable penalties. Sec. 18. No railroad, canal or other transportation company in existence at the time of the ratification of this Constitution, sliall have the benefit of any future legislation by general or special laws other than in exe- cution of a trust created by law or by contract, except on the condition of complete acceptance of all provisions* of this article. YEAS. Messrs. President, Davis, (Etowah), Almon, Dent, Ashcraft, deGraffenried, Barefield, Duke, Bethune, Eley, Blackwell, Evster, Brooks, Espy, Browne, 1-^1 etcher, Bulger, Foster, Burnett, Olover, Burns, Graham (Talladega), Carmichael (Colbert), Grant, Cobb, Grayson, Cofer, Greer (Calhoun), Craig, Haley, Cunningham. Randley, Davis (DeKalb), Harrison, 1466 Journal of Alabama Heflin (Chambers), Pearce, Heflin (Randolph), IV^ttus, Henderson, Phillips, Hndjies, Pitts, Hood, Ivf^ese, Howell, Reynolds (Henry), Howze, Rogers (Lowndes), Inge, Rogers (Sumter), Jones (Bibb), Sam ford, Jones ( Montgomery ) , Sanders, Jones (Wilcox), Searcy, Knight, Selheimer, Kyle, Sentell, Ledbetter, Smith, Mac. A , Lowe (Lawrence), Smith, Morgan M., Macdonald, Sorrell, McMillan (Baldwin), Si)ears, McMillan (Wilcox), Spragins, Malone, Stewart, Martin, Studdard, Maxwell, Tayloe, Merrill, Thompson, Miller (Wilcox), Vaughan, ]\ Foody, Waddell, Mnrphree, Walker, Norman, Watts, Norwood, Weakley, O'Neal (Lauderdale), Williams (Barbour), Opp, Williams ( Marengo ) , O'Rear, Wilson (Clarke), Palmer, AAHlson ( Washington) , Parker (Cullman), Winn— 99. Parker (Elmore), NAYS. Messrs. Banks, Bartlett, Beddow, 'Byars, Chapman, Long (Walker), Rpvnolds (Chilton), Whiteside — 8. Constitutional Convention. 1467 pair announced. The following pair was announced : Messrs. Coleman of Greene and Sloan. Mr. Coleman of Greene would vote aye ; and Mr. Sloan would vote nay. Mr. Reese moved to take from the table the amend- ment offered by Mr. Watts to Section 17, of the Article •on Legislative Department. The motion was lost. REPORT OP SPE(!IAL COMMITTEE. Mr. Howze, chairman of the Committee on the special committee, submitted the following report : Mr. President : Your committee having under consideration the mat- ter of recess, pending the work of the Committee on Order, Consistency and Harmony of the Constitution, heg leave to report as follows: Your committee recommend that the Convention take a recess until Wednesday, August 28th, at noon. That the delegates and pages shall not draw per diem during the recess, l>ut the delegates shall draw mileage in lieu thereof. That the clerks of all the committees except the Com- mittee on Order, Consistency and Harmon}^ of the Con- stitution, shall be dispensed with. That the delegates who are members of said committee shall be entitled to their per diem during the recess of the Convention, but not mileage. John B. Knox. Edw. deGraffenried, W. T. Sanders, Thos. H. Watts, A. C. HowzE, Committee. ^\v. Opp moved to amend by striking out August 2Sth smd inserting in lieu thereof the words September 2d. The amendment was lost. 1468 Journal of Alabama recommittal of ordinances. On motion of Mr, Heflin of Randolph ordinance 44G was recommitted to the Committee on Schedule, Print- ing and Incidental Expenses. Mr. Howze offered the following amendment to the report, which was adopted : That the door keeper and assistants shall not be en- titled to per diem during the recess. The resolution, as amended, was adopted. REPORT OF THE COMMITTEE ON SCHEDULE PRINTING ANI> INCIDENTAL EXPENSES. Mr. Heflin of Randolph, chairman of the Committee on Schedule, Printing and Incidental Expenses, reported favorably, with amendment, ordinance 446. The amendment read as follows : Strike out paragraphs 2, 3 and 4 and insert in lieu thereof the following : This Convention accepts the proposition of Hon. James E. Cobb to make and superintend the indexing of the stenographic reports of the proceedings of this Con- vention, and to that end does hereb}^ ai)propriate the sum of |100 for such services, and as soon as the Presi- dent of this Convention certifies to the Auditor that the work is completed, he shall draw his warrant on the Treasurer for the same in favor of said Cobb; and the President is authorized to contract with some reliable party to publish said index, and to distribute to each member of this Convention as many as five copies each, and for whatever this is reasonably worth, the Presi- dent of this Convention shall certify' that fact to the Auditor, who shall draw his warrant on the Treasurer for such sum, not to exceed |50. Mr. Malone moved to table the report. The motion was lost. The amendment was adopted. The question recurred upon the adoption of the ori- ginal ordinance as amended. The ordinance as amended was adopted : A'eas, 65; nays, 40. [ Constitutional Convention. 1469 YEAS. Messrs. President, Ashcraft, Banks, Barefield, Beddow, Bethune, Blackwell, Browne, Bulger, Burnett, Burns, Carmichael (Colbert), Craig, Cunningham, Dent, deGraffenried, Duke, Ejster, Espy, Foster, Glover, Graham (Montgomery), Grayson, Greer (Calhoun), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, .TarkPOD, Jones (Montgomery), Jones (Wilcox), Long (Walker), Macdonald, McMillan (Baldwin), Maxwell, Miller (Wilcox), Murphree, Norwood, Gates, O'Neal (Lauderdale), O'Rear, Palmer, Parker (Cullman), Pettus, Pillans, Pitts, Proctor, Rogers (Lowndes), Rogers (Sumter), Sanders, Sanford, Searcy, Selheimer, Sentell, Sorrell, Spears, Stewart, Tayloe, Thompson, Vaughan, Williams (Marengo) Wilson ( Washington ) , Winn— 65. NAYS. Messrs. Almon, Byars, Chapman, Cofer. Davis (DeKalb), Davis (Etowah), Eley, Fletcher, 1470 Journal of Alabama Foshee, Graham ( Talladega ) , Grant, Hodges, Hood, Howze, Jenkins, Jones (Bibb), Kyle, lA'dbetter, Lowe (Jefferson), Lo v.e ( La wrence ) , McMillan (Wilcox), Malone, Martin, Merrill, -Moody, Norman, Opp, Parker (Elmore), Porter, Peyuolds (Chilton),. I Reynolds (Henry), Smith, Mac. A., Smith, Morgan M., Spragins, Waddell, Walker, \AVakley, White, Whiteside, Williams (Barbonr )— 40. PAIRS ANNOUNCED. The following pair was announced : Messrs. Coleman of Greene and Cobb. Mr. Coleman of Green would vote aye; and Mr. Cobb would vote nay. ]\rr. Cunningham offered the following resolution, and moved that the rules be suspended in order to place the resolution upon its immediate ])assage. The motion to suspend the rules was lost, and the resolution Avas referred to the Committee on Eules. IJesolution 319, by Mr. Cunningham : Resolved, That when the Convention reassembles no amendment to any article of tlie Cxmstitution shall be considered, except by two-thirds of those voting, unless such amendment shall be necessary for the order, con- sistency and harmony of the Constitution. QUESTION OF PERSONAL PRIVILEGE. Mr. ^furpln'ee arose to a (pu^stion of personal ])rivi- lege, and i)roceeded to state liij-' epiestion of jtersonal ])rivilege. Constitutional Convention, adjournment. 1471 On motion of Mr, Cunningliam the Convention re- cessed until 12 o'clock m. Wednesday, the 28th of Anffust. SEVKN^TY-SEVENTH DAY. Convention Hall. Montgomery, Ala., Wednesday', August 28, 1901. The Convention met pursuant to adjournment. Praver was ottered hv Rev. Mr. Marshal of the citv ROLL CALL. On a call of the roll of the Convention the following, delegates answered to their names, which constituted a. quorum : Messrs. President,. Almon, Altman, Ashcraft, Banks, Barefield^ Rartlett, Beavers, Beddow, Bethune, Blackwell,. Boone, Brooks, Browne, Bulger, Burnett, Burns, Byars, Cardotty. Garmichael (Colbert), Chapman, Cobb, Col eman ( Walker ) , Cornwell, Craig, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, '1 0^7 raff enried,. Duke, Eley, Eyster, Espy, Foshec, Foster, Freeman,. (xilmore, 1472 Journal of Alabama Glover, Graham ( Montgomery) , Graham (Talladega), Grant, Grayson, Greer (Calhonn), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hinson, Hodges, Hood, Howell, Howze, Inge, Jackson, Jones (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), Kyle, Long (Butler), Long (Walker), Lowe (Lawrence), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Martin, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Mnlkey, Mnrphree, Norman, Norwood, Gates, O'Neal (Landerdale), O'Neill (Jefferson), Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Peaix:-e, Petlus, Plllans, Porter, l^eese, Reynolds (Chilton), Rogers (Lowndes), Rogers (Sumter), 8a in ford, Sanders, Sanford, Searcy, Selheimer, Sen tell, Sloan, Smith niobile). Smith, Mac. A., Smith, Morgan M., Sorrell, Spears, Spragins, Stewart, Studdard, Tayloe, Thompson, Vauffhnn, Waddell, Walker, Watts, Weatherly, White, Whiteside, Williams (Barbour), Williams (Marengo), Wilson (Washington) Winn— 122. Constitutional Convention. 1473 leave of absence AVas granted to Messrs. Williams of Elmore, Lo- max, Proctor, Ledbetter for to-day; and Jenkins, Pitts, Almon and Maxwell indefinitely. resolutions on first reading. The following resolutions were introduced, severally read one time at length, and referred to appropriate committees, as follows : Eesolution 320, by Mr. Samford, of Pike: Ivcsolved, That a commitee of live be appointed to prepare and issue an address to the people of the State, setting forth the advantages of the new Constitution. liesolved further. That the President of this Conven- tion sliall be chairman of said committee, and that the other live shall be appointed b}' the President. Eesolved further, That when said address is prepared the Secretary of this Convention shall cause to be printed 50,000 copies thereof for distribution. The resolution was referred to the Committee on Rules. Ivesolution 321, by Rules Committee : Be it resolved that the attestation clause to the Con- stitution to be adopted by this Convention be as fol- lows, viz. : "Done by the people of Alabama, through their dele- gates in Convention assembled at Montgomery, Ala- bama, this the day of 1901, as here- by attested." The resolution was adopted. Resolution 322, by Mr. Long, of Walker : Whereas, This Convention has fixed State elections every four years, commencing in 1902, and whereas, the Judges, Sheriffs, Probate Judges, Clerks, Tax Col- lectors and County Treasurers, etc., terms of office ex- pire in 1904; Therefore, in order to fix all offices in this State of equal length and to have them expire at the same time, and in the year in which the regular State elections are held; 93 1474 Journal of Alabama Therefore, be it resolved, That the Committee on Order, Consistency and Harmony of the Whole Consti- tution be and they are hereby requested to report an ordinance or amendments extending for two years the terms of all officers whose terms of office expire in 1904, or some other method so as to fix the length of all State and County offices at four years after 1906. The resolution was referred to the Committee op Kules. RECESS. On motion of Mr. Harrison the Convention recessed until 3 :30 this afternoon. AFTERNOON SESSION. The Convention met pursuant to adjournment. ROLL CALL. On a call of the roll of the Convention, the following^ delegates answered to their names, which constituted a quorum : Messrs. President, Burns, Almon, Liy a rs, Altman, Cardon, Ashcraft, Carmichael (Colbert), Banks, Chapman, Barefield, Cobl), Bartlett, Coleman (Walker), Beavers, Cornwell, Beddow, Craig, Bethune, Cnnninghani, Blackwell, Davis ("DeKalb), Boone, Davis (Etowah), Brooks, Dent, Browne, (loOrnlTenried,. Bulger, Dnke, Burnett, Eley, Constitutional Convention. 1475 Ej^ster, Moody, Espy, Mulkey, Foshee, Murphree, Foster, Norman, Freeman, Norwood, Gilmore, Gates, Glover, O'Neal (Lauderdale), Graham (Montgomery), O'Neill (Jefferson), Graham (Talladega), Opp, Grant, O'Kear, Grayson, Palmer, Greer (Calhoun), Parker (Cullman), Greer (Perry), Parker (Elmore), Haley, Pearce, Handley, Pettus, Harrison, Pillans, Heflin (Chambers), Porter, Heflin (Randolph), Reese, Henderson, Reynolds (Chilton), Hinson, Rogers (Lowndes), Hodges, Rogers (Sumter), Hood, Samford, Howell, Sanders, Howze, Sanford, Inge, Searcy, Jackson, Selheimer,, Jones (Bibb), Sentell, Jones (Hale), Sloan, Jones (Montgomery), Smith (Mobile), Jones (Wilcox), Smith, Mac. A., Kyle, Smith, Morgan M. Long (Butler), Sorrell, Long (Walker), Spears, Lowe (Lawrence), Spragins, Macdonald, Stewart, McMillan (Baldwin), Studdard, McMillan (Wilcox), Tayloe, Martin, Thompson, Merrill, Vaughan, Miller (Marengo), Waddell, Miller (Wilcox), Walker, 1476 Journal of Alabama Watts, Williams (Barbour), Weatherly, Williams (Marengo), White, Wilson (Washington). Whiteside, Winn— 122. REPORT OF THE COMMITTEE ON RULES. Mr. Smith, of Mobile, acting chairman of the Com- mittee, on liules, reported favorably, with a substitute, resolution 320. The substitute reads as follows: Resolved, That a committee composed of the Presi- •dent of the Convention and of one delegate from each Congressional district be appointed by the President to prepare and issue an address to the people of the State, setting forth the advantages of the new Consti- tution, and that the President of the Convention be the chairman of such committee. Resolved further, That when such address is pre- pared, the Secretary of this Convention shall cause 50,- 000 copies thereof to be printed for distribution. The substitute was adopted. On motion of Mr. Smith of .Mobile, resolution 320, as amended by the substitute, was adopted. Mr. Smith of Mobile, acting chairman of the Rules Committee, also reported favorably, with a substitute, resolution 319. The substitute was read as follows: Substitute by Rules Committee for resolution 319 by Mr. Cunningham of Jefferson : Resolved, That no amendment to any section or arti- cle of the Constitution or to any ordinance shall be con- sidered or adopted except by a two-thirds vote, unless such amendment be necessary for the order, consistency and harmony of the Constitution. A minority report signed by Messrs. Heflin of Cham- bers and O'Neal of Lauderdale, to the report of the Rules Committee, was read at length as follows: Resolved, That two hours be allowed for amendments and debate on each article of the Constitution, and after that time the previous question shall be considered COxXSTITUTIONAL CONVENTION. 1477 as ordered, unless a majority of the Convention orders otherwise. Mr. Samford offered the following amendment to the minority report: Amend minority report by striking out two hours, and inserting one hour. Mr. Heflin of Chambers moved to table the resolu- tion, substitute, minority report and the amendment offered by Mr. Samford. The motion prevailed, and the resolution and pend- ing amendments were laid upon the table. Mr. Smith of Mobile, acting chairman of the Com- mittee on Rules, also reported adversely resolution 316. ADJOURNMENT. On motion of Mr. White, the Convention adjourned until to-morrow morning at 9 o'clock. SEVENTY-EIGHTH DAY. Convention Hall. Montgomery, Ala., Thursday, August 29, 1901. The Convention met pursuant to adjournment. Prayer was offered by Rev. Mr. Marshall of the city. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : Messrs. President, Beddow, Altman, Rethune, Ash craft, Rlnckwell, Banks. Boone, Barefield, Brooks, Bartlett, Burnett. 1478 Journal of Alabama Byars, Cardon, Carmichael (Coffee), Carnathon, Case, Chapman, Cobb, Coleman (Greene), Coleman (Walker), Craig, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, deGraffenried, Duke, Fletcher, Poshee, Foster, Freeman, Clover, Graham ( Talladega ) . Grant, Grayson, Oreer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Randolph), Henderson, Hodges, Hood. Howell, Howze, Inge, Jackson, Jones (Bibb), Jones (Montgomery), Jones (Wilcox), Knight, Kyle, Lowe (Lawrence), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Martin, Merrill, Miller (Marengo), Miller ( Wilcox j, Moody, Mulkey, Murphree, Norman, Norwood, Opp, Palmer, Parker (Cullman), Pearce, Phillips, Porter, Reese, Reynolds (Henry), Rogers (Lowndes), Rogers (Sumter), Samford, Searcy, Selheimer, Sentell, Smith (Mobile), Smith, Mac. A., Smith, Morgan M., Sorrell, Spears, Sr>ragins, Stewart, Studdard, Vnuiihan, Walker, . Watts, Weatherly, White, Constitutional Convention. 1479 Whiteside, Williams (Marengo), Williams (Barbour), ' Winn, report of the committee on the journal. The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in : The Committee on the Journal beg leave to report that they have examined the Journal for the seventy-sixth day of the Convention, and that the same is correct. Respectfully submitted, John F. Proctor, Chairman. privileges of the floor. On motion of Mr. Barefleld the privileges of the floor were extended to Judge John C. Anderson of Demo- polis. resolutions. The following resolution was introduced, read one time at length, and on motion of Mr. Carmichael of Col- bert the rules were suspended and the resolution was ■adopted : Resolution 323, by Mr. Carmichael, of Colbert : Resolved, That the President of this Convention shall appoint a Committee on Enrollment consisting of five members, whose duty it shall be to appoint an expert penman to enroll the proposed Constitution, and it shall be the duty of said committee to superintend said enrollment. The following resolution was introduced, read one time at length, and referred to an appropriate com- mittee as follows : Resolution 324, by Mr. Reynolds, of Chilton: A resolution for taking steps to secure a fair elec- tion on the submission of the Constitution, and provid- ing for a contest of the result. 1480 Journal of Alabama Whereas, the main purpose of those who favored the holding of a Constitiitioual Convention was to secure honest and fair elections, and purify the ballot; and Whereas, the fair name of Alabama would be forever stained should any considerable number of our people be of opinion a Constitution had been fraudulently im- posed upon them ; therefore. Be it resolved. That the Committee on Suffrage and Elections be and they are hereby instructed to forth- with prepare and report to this Convention an ordinance providing that the county officials in each county shall appoint at each polling place in their respective counties- at the election held on the ratification of the Constitu- tion i)repared by this Convention, at least one inspect- or and one clerk, each of whom shall be able to read and write, and who are opposed to the ratification of the Constitution, if any there be in such precinct, and also providing that those in any count}' opposing rati- fication ma}^ in convention or by petition nominate such inspector and clerk; and providing that the failure of any official to comply with such provision shall be guilty of a misdemeanor. And said committee are further instructed to pre- pare an ordinance and report the same forthwith, pro- viding that the result of the election may be contested before the Supreme Court upon the petition of 1,000 citizens upon their giving security for costs in such sum as the court may prescribe, and that such contest shall be made and evidence taken in such manner as said court may prescribe. The resolution was referred to the Committee on Rules. ORDINANCES ON FIRST READING. The following ordinances were introduced, severally read one time at length, and referred to appropriate committees as follows: Ordinance 459, by Mr. White : An ordinance to appropriate $143.75 for the payment of C. B. Brown and the Alabama Printing Co. for ser- Constitutional Convention. 1481 vices performed for the State of Alabama for the use of the Constitutional Convention. Section 1. Be it ordained by the people of Alabama in Convention assembled, That there be and is hereby appropriated out of any money in the State Treasury not otherwise appropriated, the sum of $14:3.75, to be paid the Alabama Printing Co., and C. B. Brown for services performed for the State of Alabama for use of this Convention as follows : Sec. 2. The State Auditor is hereby directed to draw his warrant on the State Treasurer in favor of C. B. Brown for the sum of |3i) for typewriting- done by him for the Committee on Order, Consistency and Harmony of the Whole Constitution, and the said Auditor is also directed to draw his warrant on the State Treasurer in favor of the Alabama Printing Co. for the sum of |113.75 for printing 300 copies of the report of said committee for the 'use of this Convention. The ordinance was referred to the Committee on Schedule, Printing and Incidental Expenses. APPOINTMENT OF COMMITTEE. Under resolution 323 heretofore adopted the Presi- dent appointed the following committee: ^lessrs. Car- michael of Colbert, Selheimer, Pillans, Foster, Sam- ford. REPORT OF STANDING COMMITTEES. Mr. Heflin of Randolph, chairman of the Committee on Schedule, Printing and Incidental Expenses, re- ported favorably tlie following ordinance, which was read at length as follows, and the rules were suspended and the ordinance was adopted. Ordinance 415, by Mr. Jones, of Montgomery: An ordinance for the relief of E. L. May. Be it ordained by the people of Alabama in Conven- tion assembled. That the sum of |25 be and the same is hereby appropriated to pay E. L. May for his services as clerk, for attending the meetings of the Committee 1482 Journal of Alabama on the Executive Department, and transcribing the Article on the Executive Department as Anally adopted and rejxjrted by the committee. YEAS. Messrs. President, Altman, Ashcraft, Banks, Barefield, Bartlett, Beddow, Bethunc, Blackwell, Boone, Brooks, Burnett, Byars, Cardon, Carmichael (Colbert), Carnathon, Case, Chapman, Cobb, Toleman (Greene). Coleman (Walker), Craig, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, deOraffenried, Duke, Eley, Eyster, Ferguson, Fletcher, Foshee, Foster, Freeman, Glover, Graham (Talladega), Grant, Grayson, (ji'eer (Calhoun), Greer (Perry), Haley, riandley, Harrison, Heflin ( Chambers) , llefiin (Randolph), Henderson, Hodges, Hood, Howell, llowze, Inge, Jackson, •lones (Bibb), •I ones (Hale), Jones ( Montgomery ) , Jones (^Yilcox), Knight, Kyle, Lowe (Lawrence), ^lacdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, .^reiTill, Miller (Marengo), Miller (Wilcox), Moody, Mulkey, Murphree, Xorman, Constitutional Convention. 1483 Norwood, Oates, O'Neal (Lauderdaje), Opp, O'Kear, Pearce, Pettiis, Porter, Proctor, Reese, Reynolds (Henry), Rogers (Lowndes), Rogers (Sumter), Samford, Sanders, Sanford, Searcv, Sentell, Smith, Mac. A., Smith, Morgan M. Sorrell, Spears, Spragins, Stewart, Tayloe, Tliompsou, Waddell, \A'allcer, Watts, White, Whiteside, Williams (Barbour), Williams (Marengo), Winn— 106. SUBSTITUTE FOR RULE 53. On motion of Mr. White, the report of the Committee on Rules, Avhich was heretofore laid upon the table, was taken from the table for adoption. The report of the Committee on Rules was read at length as follows : Amendment by Rules Committee : . Amend rule 53 so as to read as follows : Rule 53. The Committee on Order, Consistency and Harmony of the Constitution shall report the proposed Constitution to the Convention, or any part or parts thereof, from time to time as they may think proper, and the Constitution or the parts thereof so reported, shall be read and acted upon article by article, and submitted to a vote of the Convention ; if a majority of the members present shall vote therefor the same shall be adopted; but if amended in any particular it shall be re- referred with such amendment to said committee, who shall cause the article or articles amended, with such amendments, to be rewritten and report the same to the Convention for its action. When the Consti- tution shall have been finally adopted by the Conven- 1484 Journal of x\ladama tion, it shall be enrolled, and when enrolled, it shall be again read, and attested by the President and Secre- tary, and each delegate of the Convention shall per- sonally sign his name thereto. The signature of the majority of the delegates present, or a majority of the Convention, shall constitute a sufficient attestation. Mr. Beddow offered the following substitute for the report of the Committee on Kules : Kesolved, That the Constitution be considered arti- cle by article, instead of section by section; that when the reading of an}' article is completed an}' section thereof will be open to amendment. The substitute offered by Mr. Beddow was lost. The question recurred upon the adoption of the sub- stitute for l\ule 53, ott'ered by the Committee on Kules. The substitute for rule 53 was adopted. The question recurred upon the adoption of rule 53 as amended by the substitute. Eule 53, as amended, was adopted. RErORT OF THE COMMITTEE ON ORDER, CONSISTENCY ANI> HARMONY OF THE WHOLE CONSTITUTION. The report of the Committee on Order, Consistency and Harmony of the Whole Constitution was taken up. On motion of Mr. AVhite the reading of the report Avas dispensed with, and the report was ordered con- sidered article by article. The report of the Committee on Order, Consistency and Harmony of tlie Whole Constitution was read at length as follows : THE RKPORT OF THE COMMITTEE ON THE ORDER, CONSIS- TENCY AND HARMONY OF THE CONSTITUTION. Mr. President: The Committee on Order, Consistency and Harmony of the Constitution, to wliom were referred the several articles of whicli the proposed Constitution is to con- sist, and also certain ordinances and resolutions not Constitutional Convention. 1485 proposed to be incorporated in the Constitution, liave requested me to make the following report : We have carefully considered all of the articles, ordi- nances and resolutions submitted to us, and have made no changes in substance except such as were rendered necessary by the provisions of the articles referred to us, to ^^'llich changes your attention will be specifically called further on in this report. We have made a num- ber of changes in transj)osition of clauses, omission of unnecessary or redundant clauses, and in phraseology, verbiage, punctuation and capitalization, to which we ■deem it uunecessar}' to call your special attention. We have preserved the article arrangement as in the -pres- ent Constitution, but have changed the section num- bers, so that the proposed Constitution is numbered as a whole, without reference to articles, beginning with -Section 1 and ending with Section 285; such change, in our opinion, will greatly simplify and facilitate refer- ence thereto. We respectfully recommend to the Convention the adoption of the following provisions to be incorporated in the Article on Corporations : 1. No city or town having a population of more than 6,000 shall have authority to grant to any person, firm, corporation or association, the right to use its streets, avenues, alleys or public places for the construction or operation of water works, gas works, telephone or tele- graph lines, electric light or power plants, steam or other heating plants, street railroads, or any other pub- lic utility, except railroads other than street railroads, for a longer period than thirty years. 2. Foreign corporations doing business in this State may be sued by resident citizens of this State, in any county where such corporations do business, whether the cause of action arose in this State or beyond the limits thereof. We further recommend the adoption of an ordinance providing for the registration of electors who are to vote at the election to be held for the ratification of the proposed Constitution ; also the adoption of an ordi- nance making subject to repeal, alteration or amend- 1486 Journal of Alabama meut 1)3' the Legislature all ordiuauces adopted by the Convention which are not included in the proposed Con- stitution, except the ordinance relating to the refund- ing of tlie bonded indebtedness of the State. The two ordinances referred to will be submitted to the Conven- tion for its consideration. Ordinance No. 414, relating to the succession of the present Governor, is in proper form; no changes have been made therein, and we report it back with the recommendation that it be enrolled and signed. Ordinance No. 410, relating to the exclusion of per- sons from the court house during the trial of certain cases, has been incorporated in the Article on the Judi- ciary. Ordinance Xo. 390, relating to the estaljlishment of court houses in the counties of St. Clair and Shelby, has been amended in accordance with the provisions of ordinance No. 449, and we recommend that the same as amended be enrolled and signed. All articles, ordi- nances and resolutions which were referred to the com- mittee are herewith returned. In order that the Convention might not be compelled to v.ait for several days after reassembling the commit- tee have had the report and the proposed Constitution printed, and respectfully ask that their action in this particular be ratified. The attention of the Convention is respectfully called to the following list of changes, which embraces all the material alterations made by this committee. DECLARATION OF RIGHTS. 1. The words ^'Preamble and" have been dropped from the title of this article. 2. Section 36 of the engrossed article has been trans- ferred to the article on distribution of powers of gov- ernment, as appears in Section 43 of the Constitution herewith reported. Constitutional Convention. 148T STATE and county BOUNDARIES. 1. No cliauges have been made in the engrossed arti- cle. DISTRIBUTION OF POWERS OF GOVERNMENT. 1. No ordinances were referred to the committee re- lating to this subject; but Article III of the Constitu- tion of 1875, without change, except the incorporation therein of Section 36 of the engrossed article on Decla- ration of Rights, has been adopted by the committee as Article III of the proposed Constitution. EXECUTIVE DEPARTMENT. 1. Throughout this article the order of arrange- ment of the officers of the Executive Department is changed so as to correspond with the order of their succession to the office of Governor. 2. Section 5 is changed so as to provide that the exe- cutive officers named therein shall hold their respective offices- for four years from the first Monday after the- second Tuesday' in Januaiy next succeeding their elec- tion. 3. The provision in Section relating to the Lieu- tenant Governor's duties as President of the Senate has^ been stricken out, because the same provision is con- tained in the Article on the Legislative Department. 4. The last sentence of Section 7 has been rewritten so as to prevent the possible construction that the Gov- ernor is to receive no salary while the Lieutenant Gov- ernor is temporarily acting Governor. 5. Section 16 was changed so as to provide that if both the Governor and Lieutenant Governor should die, resign or be removed from office, more than sixty days prior to the next general election for any State officers, successors to both such officers shall be elected at said election. 6. Section 17 was rewritten so as to read as it ap- pears in Section 128 of the Constitution herewith re- ported. 1488 Journal of Alabama legislative department, 1. Section 3 of the engrossed article has been re- written and is made Section 46 of the Constitution herewith reported. It was necessary to recast this section because of the provisions requiring quadrennial elections, and the election of all Senators at the same time. 2. Section 5 of the engrossed article has been so written as to fix the time for the meeting of the Legis- lature on the first Tuesday after the second Monday in Januar3\ This alteration was made necessary by the change of the time of elections from August to Novem- ber. 3. Section 62 has been included in Section 5 as a part thereof. 4. Section 52 has been added to Section 32 of the Article on Judicial Department. 5. Section 61 is stricken out, a similar provision being contained in the Article on the Oath of Ofi&ce. LOCAL LEGISLATION. 1. The entire engrossed article has been transferred to the Article on the Legislative Department. 2. Section 17 was rewritten so as to make clear the requirement that a vote of the people in favor of the issuance of municipal bonds shall precede the passage of a local or special act authorizing such issue. 3. Section 18 was so changed as to allow the passage of special acts permitting cities and towns to alter and rearrange the boundaries thereof. JUDICIAL DEPARTMENT. 1. In Section 1 the words "according to tlie next preceding Federal census" were inserted in line seven after the words "twenty thousand." 2. In Section 19 the words "Justices of tl»e Sup- reme Court" were inserted l)efoi'e the word "judges" in line one, and the words "for any State oflRcer" after "election" in line three. Constitutional Convention. 1489 3. Section 20 was clianged so as to provide that when a new circuit or chancery division is created, a judge or chancellor therefor shall be elected at the next general election for any State office, instead of at the next election for Kepresentatives to the Legisla- ture. 4. In Section 21 the words "any part of" were in- serted after the word "having" in line two, and the Avords "of general jurisdiction" after the word "court" Avhere it appears the second time in line two. In the same section the AVords "such incompetent chancellor or judge could have rendered" were inserted in the place of the Avords "a chancellor or a judge of the Cir- cuit Court, or of a court having the jurisdiction of a Circuit or Chancery Court or either, sitting as a court might do in such case." 5. Section 28 Avas changed so as to require that at an election for the Circuit Solicitors only those counties in the circuit in Avliich the Solicitors prosecute crimi- nal cases can participate in the election. 6. Section 32 aa as transferred to the Article on the LegislatiA^e Department, and constitutes the last sen- tence of Section 95 of the Constitution herewith re- ported. IMPEACHMENTS. iirl^ 1. To Section 2 was added the following provision : The Legislature may provide for the impeachment or removal of other officers than those named in this arti- cle." SUFFRAGE AND ELECTIONS. 1. In Section 1 the word "adoption" was changed to "ratification." In the same section the provision re- lating to foreigners who have declared their intention to become citizens of the United States was changed so as to read as follows : "Provided, that all foreigners who haA'e legally declared their intention to become citizens of the United States shall, if they fail to become citizens thereof at the time they are entitled to become 94 1490 Journal of Alabama such, cease to have the right to vote until they become such citizens." 2. In Section 4 the proviso relating to persons of for- eign birth was stricken out, and the following inserted in lieu thereof: After the words ''United States" in line three: "except those who having had an oppor- tunity to perfect their citizenship prior to tlie 20th day of December, 1902, has failed so to do." 3. In subdivision 1 of Section 5 the words "unless prevented by physical disability," in line one were stricken out, and the proviso at the end changed so as to read: "Provided, that inability to read and write shall not disqualify any elector if such disability is due to physical infirmity." 4. In subdivision 2 of Section 10 in line 26, the words "one thousand" were stricken out, and "nine hundred'^ inserted in lieu thereof; and in line 33 the figures "900"^ were stricken out and the words "one thousand" in- serted in lieu thereof. 5. In subdivision 8 of Section 10 the word "person" was substituted for "elector" in lines 1, 2 and 3 ; and a penalty clause was added for the offenses mentioned therein, as appears in subdivision 8 of Section 186 of the Constitution herewith reported. 6. In Section 12 a penalty clause was added for the offense mentioned therein, as appears in Section 188 of the Constitution herewith reported. 7. Section 19 was made a part of Section 18, as ap- pears in Section 194 of the Constitution herewith I'e- ported. 8. To Section 20 a penalty clause was added, as ap- pears in Section 195 of the Constitution herewith re- ported. REPRESENTATION. 1. No nuiterial change was made in the engrossed article. TAXATION. 1. In line 6 of Section 2, after the word "for" the words "shall be absolutely void" were inserted. Constitutional Coxvextion. 1491 2. The sectiou relating to inuiiicipal taxation in the Article on Municipal Corporations was takeii from said article and inserted as a section of this article, as will appear in Section 216 of the Constitution herewith re- ported. 3. Section 8 was added to by the committee, and as changed was transferred to the Article on Municipal Corporations, as will appear in Section 224 of the Con- stitution herewith reported. 4. Section was transferred to the Article on Muni- cipal Corporations, as will appear in Section 225 of the Constitution herewith reported. corporations. 1. No material changes were made in the engrossed Article on Corporations. 2. The Article on Municipal Corporations was made a subdivision of this article. MUNICIPAL CORPORATIONS. 1. The first part of Section 3 was rewritten, as will appear in Section 222 of the Constitution herewith re- ported. 2. Section 5 was rewritten, and as rewritten was transferred to the Article on Taxation, as will appear in Section 216 of the Constitution herewith reported. BANKS AND BANKING. 1. No material change was made in the engrossed article. EDUCATION. 1. The word "school" before the word "children'^ was stricken out in line four of Section 1. 2. Section 9 was divided into two sections, that part relating to the University, numbered 263, and that re- 1492 JouuxAL OF Alabama lating to the Alabama Poljteclmic Institute numbered 265, in the Constitution herewitli reported. 3. Changes were made in the terms of office of the Trustees of eaeli of these institutions, as will appear in the two sections above referred to. 4. To Section 12 a proviso was added authorizing a one mill tax upon the propei-tv in the sei)arate school district of Tuskaloosa, for school purposes. EXEMPTIONS. 1. No material change was made in the engrossed article. MILITIA. 1. No material change was made in the engrossed article. OATH OF OFFICE. 1. This article was eopied from the Constitution of 1875/ and was made a separate article in the Consti- tution herewith reported. MISCELLANEOUS PROVISIONS. 1. No material change was made in the engrossed article. MODE OF AMENDING THE CONSTITUTION. 1. No material change w^as made in the engrossed article. SCHEDULE. 1. Section 6 was stricken out, the matter therein provided for having been incorporated in the Article on Education, as appears from Section 263 of the Con- stitution herewith reported. Kespectfully submitted, Frank S. White^ Chairman. Constitutional Convention. 1493 Under the motion of Mr. AMiite, heretofore adopted, the further report of the Committee was read article by article as follows : Constitution of the State of Alabama, 1901. We, the people of -the State of Alabama, in order to establish justice, insure domestic tranquillity, and se- cure tlie blessings of liberty to ourselves and our pos- terity, invoking- the favor and guidance of Almighty God, do ordain and establish the following Constitu- tion and Form of Government for the State of Ala- bama : Mv. Hood offered the following amendment to the Preamble, which was adopted: Amend Preamble so as to spell tlie word "tranquil- lity" with two IPs. The Preamble, as amended by the amendment of Mr. Hood, was adoi)ted. ARTICLE I. declaration of RKillTS. Was read at length as follows : ARTICLE I. DECLARATION OF RIGHTS. That the great, general and essential principles of liberty and free government may be recognized and es- tablished, we declare : 1. That all men are equally free and independ- ent; that they are endowed by their Creator with cer- tan inalienable rights; that among these are life, lib- erty and the pursuit of happiness. 2. That all political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit; and that, therefore, they have at all times an inalienable and indefeasible right to change their form of government in such man- ner as they may deem expedient. 1494 Journal of Alabama 3. That no religion shall be established by law; that no preference shall be given by law to any religious sect, society, denomination or mode of worship; that no one shall be compelled by law to attend any place of wor- ship; nor pay any tithes, taxes or other rate for the building or repairing an}^ place of worship, or for main- taining any minister or ministry; that no religious test shall be required as a qualification to any office or pub- lic trust under this State; and that the civil rights, privileges and capacities of any citizen shall not be in any manner affected by his religious princij)les. 4. That no law shall ever be passed to curtail or re- strain the liberty of speech or of the press; and any person may speak, write and publish his sentiments on all subjects, being responsible for the abuse of that lib- erty. 5. That the people shall be secure in their persons, houses, papers and possessions from unreasonable seiz- ure or searches, and tlmt no warrants shall issue to search any place or to seize any. person or thing without probable cause, supported by oath or affirmation. 6. That in all criminal prov?ecutions, tlie accused has a right to be heard by himself and counsel or either; to demand the nature and cause of the accusation ; to have a copy tliereof; to be confronted by the witnesses against him; to Imve compulsory process for obtaining witnesses in his favor; to testif}^ in all cases, in his own behalf, if lie elects so to do; and, in all prosecutions by indictment, a speedy, public trial, by an impartial jury of the county or district in which the offense was com- mitted; and he shall not be compelled to give evidence against himself, nor be deprived of life, liberty or property except by due process of law; but the Legis- lature may, by a general law, provide for a change of venue at the instance of the defeudnut in all prosecutions by indictment, and that such a ■change of venule ou application of defendant, may be heard and determiued without the personal presence of the defendant so applving there- for; provided that at the time of the application for the change of venue the defendant is imprisoned in jail or some legal place of confinement. COXSTITUTIOXAL CONVENTION. 1495 7. That no person shall be accused or arrested, or detained except in cases ascertained by law, and accord- ing to the foriii which the same has prescribed; and no person shall be punished but by virtue of a law estab- lished and promulgated prior to the offense and legally applied. 8. That no i)erson shall, for any indictable offense, be proceeded against criminally, by information, except in cases arising in the militia and volunteer forces when in actual service, or when assembled under arms as a militarj' organization, or by leave of the court, for mis- feasance, misdemeanor, extortion and oppression in oflflce otherwise than is provided in this Constitution ; provided that in cases of misdemeanor, the Legislature may, by law, dispense with a Grand Jurj', and author- ize such i^rosecutions and proceedings before Justices of the Peace or such other inferior courts as ma}- be by law established. 9. That no person shall, for the same offense, be twice put in jeopardy of life or limb; but courts may, for reasons fixed by law, discharge juries from the con- sideration of any case, and no person shall gain any ad- vantage b}' reason of such discharge of the jury. 10. That no i>erson shall be barred from prosecuting or. defending before any tribunal in this State, by him- self or counsel, any civil cause to which he is a part3\ 11. That the right of trial by jury shall remain in- violate. 12. That in all prosecutions for libel or for the publi- cation of papers investigating the official conduct of officers or nu^n in public capacity, or wlien the matter published is proper for public information, the truth thereof may be given in evidence; and that in all indict- ments for libel, the jury shall have the right to deter- mine the law and the facts under the direction of the court. 13. That all courts shall be open ; and that every per- son, for any injury done him, in his lands, goods, person or reputation, shall have a remedy by due process of law ; and right and justice shall be administered without sale, denial or delay. 1496 Journal of Alabama 14. That the State of Alabama shall never be made a defendant in any court of law or equity. 15. That excessive fines shall not be imposed, nor cruel or unusual punishments inflicted. 16. That all persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great ; and that excessive bail shall not in any case be required. 17. That the privilege of the writ of habeas corpus shall not be suspended by the authorities of this State. 18. That treason against the State shall consist only in levying war against it, or adhering to its ene- mies, giving them aid and comfort; and that no person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or his own con- fession in open court. 19. That no person shall be attainted of treason by the Legislature ; and that no conviction shall work corruption of blood or forfeiture of estate. 20. That no person shall be imprisoned for debt. 21. That no power of suspending laws shall be exer- cised except b}' the Legislature. 22. That no ex post facto law, or any law, impairing the obligation of contracts, or making an}^ irrevocable or exclusive grants of special privileges or immunities, shall be passed by the Legislature; and every grant of a franchise, privilege or immunity", shall for- ever remain subject to revocation, alteration or amend- ment. 23. That the exercise of the right of eminent domain shall never be abriged nor so construed as to prevent the Legislature from taking the property and francliises of incorporated companies and subjecting them to public use in the saiiu' manner in which the property and fran- chises of individuals are taken and subjected, but ]»rivate property shall not be taken for or ap])lied to public use unless just compensation be first made therefor ; nor shall private ]!i(»]tertv be tak«'n for private use or for the use of corporations, other than municipal, without the consent of the owner; provided, however, tliat the Legis- lature may by law secure to persons or corporations Constitutional Convention. 1497 the right of way over the lands of other persons or cor- porations, and by general laws provide for and regulate the exercise by persons and corporations of the right herein reserved; but just compensation shall, in all cases, be first made to the owner; and, provided that the rght of eminent domain shall not be so construed as to allow taxation or forced subscription for the benefit of railroads or any other kind of corporations, other than municipal, or for the benefit of any individual or asso- ciation. 24. That all navigable waters shall remain forever public highways, free to the citizens of the State and the United States, without tax, impost or toll ; and that no tax, toll, impost of wharfage shall be demanded or re- ceived from the owner of any merchandise or commodity for the use of the shores or any wharf erected on the shores, or in or over the waters, of any navigable stream, unless the same be expressly authorized by law. 25. That the citizens have a right, in a peaceable manner, to assemble together for the common good, and to apply to those invested with the power of govern- ment for redress of grievances or other purposes, by pe- tition, address or remonstrance. 26. That every citizen has a right to bear arms in defense of himself and the State. 27. That no standing army shall be kept up with- out the consent of the Legislature, and, in that case, no appropriation for its support shall be made for a longer term than one 3'ear; and the military shall, in all cases, and at all times, be in strict subordination to the civil power. 28. That no soldier shall, in time of peace, be quar- tered in any house without the consent of the owner; nor, in time of war, but in a manner to be prescribed by law. 29. That no title of nobility or hereditary distinction, privilege, honor or emolument shall ever be granted or conferred in this State; and that no office shall be- created, the a})p<)intment to which shall be for a longer- time than during good behavior. 1498 Journal of Alabama 30. That immigration shall be encouraged; emigra- tion shall not be prohibited, and no citizen shall be exiled. 31. That temporary absence from the State shall not cause a forfeiture of residence once obtained. 32. That no form of slavery shall exist in this State; and there shall not be any involuntary servitude, other- wise than for the punishment of crime, of which the party shall have been duly convicted. 33. The privilege of suffrage shall be protected by laws regulating elections, and prohibiting, under ade- quate penalties, all undue influences from power, brib- ery, tumult or other improper conduct. 34. Foreigners who are, or who may hereafter become bona fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment and inheri- tance of property, as native born citizens. 35. That the sole object and only legitimate end of government is to protect the citizen in the enjoyment of life, liberty and property, and when the government assumes other functions, it is usurpation and oppres- sion. 36. That this enumeration of certain rights shall not impair or deny others retained by the people; and, to guard against any encroachments on the rights herein retained, we declare that everything in this Declaration of Rights is excepted out of the general powers of gov- ernment, and shall forever remain inviolate. Mr. Eyster offered the following amendment to Sec- tions 33 and 34, which was read at length as follows : Commence Sections 33 and 34 with the word "that." On motion of Mr. Boone the amendment offered by Mr. Eyster was laid upon the table. On motion Article I was adopted. RECONSIDERATION. Mr. Cobb moved to reconsider the vote by which Article I was adopted, which motion went over until to-morrow. Constitutional Convention. 1499 ARTICLE II. state and county boundaries. Was read at length as follows : ARTICLE II. STATE AND COUNTY BOUNDARIES. 37. The boundaries of this State are estab- lished and declared to be as follows, that is to say : Beginning at the 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, thence west along the southern boundary of the State of Tennessee, crossing the Tennessee river, and on to the second intersection of said river by said line, thence up said river to the mouth of Big Bear creek; thence by a direct line to the north- west corner of Washington county, in this State, as ori- ginally formed ; thence southerly along the line of the State of Mississippi to the Gulf of Mexico; thence east- wardly, including all islands within six leagues of the shore, to the Perdido river; thence up said river to the beginning; provided, that the limits and jurisdiction of this State sliall extend to and include any other land and territory hereafter acquired, by con- tract or agreement with other States or otlierwise, although such land and territory are not included with- in the boundaries hereinbefore designated. 38. The boundaries of tlie several counties of this State, as they now exist, are hereby ratified and con- firmed. 39. Ti!(^ T,('gislature may by a vote of two-thirds of each House thereof arrange and designate boundar- ies for the several counties of this State, which boun- daries shall not be altered, except by a like rote; but no new county sliall be formed hereafter of less extent than GOO square miles, and no existing county shall be 1500 Journal of Alabama reduced to less than 600 square miles; and no new county shall be formed unless it shall contain a suffi- cient number of inhabitants to entitle it to one Kepre- sentative under the ratio of representation existing at the time of its fornmtiou, and leave the county or counties from which it is taken with the required num- ber of inhabitants to entitle such county or counties^ each, to separate representation; provided, that out of the counties of Henry, Dale and Geneva a new county of less than 600 square miles may be formed under the provisions of this article, so as to leave said counties of Henry, Dale and Geneva with not less than 500 square miles each, 40. No county line sliall be altered or changed, or in the event of the creation of new counties shall be established, so as to run within seven miles of tlie county court house of any old covmty. 41. No county court house or county site shall be removed except by a majority vote of the qualified elector of said county, voting at an election held for such purpose, and when an election has once been held for such purpose, no other election can be held for such purpose until the expira- tion of four years; provided, that the county site of Shelby county, shall remain at Columl)iaua, un- less removed by a vote of the people, as pro- vided for in an act entitled "An act to pro- vide for the permanent location of the county site of Shelby county, Alabama, by a vote of the qualified electors of said eounty," approved the 9th day of Feb- ruary, 1899, and the act amendatory thereto, approved the 20th day of February, 1899, or by an election held under the provisions of this article. Mr. Cornwell ottered the following amendment to Article II, which was read at length as follows: Add to Section 39, after the words "each," the fol- lowing: "Provide'ear thereafter. The terms of office of the Senators and Representatives shall commence on the day after the general election at which they are elected, and expire on the day after the general election held in the fourth year after their election, except as otherwise provided in this Constitution. At the general election in the year 1002 all the Representatives, together with the Senators for the even numbered districts and for the Thirty-fifth district, shall be elected. The terms of those Senators Avho represent the odd numbered districts under the law in force prior to the ratification of this Constitution, are hereby extended until the day after the general elec- tion in the year 1906; and, until the expiration of his term as hereinbefore extended, each such Senator shall represent the district established by this Constitution, bearing the number corresponding with that for which he was elected. In the year 1906, and in every fourth year thereafter, all the Senators and Representatives shall be elected. Whenever a vacancy shall occur in either House the Governor shall issue a writ of election to fill such vacancy for the remainder of the term. 47. Senators shall be at least twenty-five years of age, and Representatives twenty-one years of age; they shall have been citizens and residents of this State CONSTITUTIONA-L CONVENTION. 1505 for three years and residents of their respective <;ounties or districts one year next before their -election, if such county or district shall have been so h)ne adopted ex- cept by a majority of the House wherein the same is offered, nor unless the amendment with the names of those voting for and against the same shall be entered at length on the Journal of the House in which the same is adopted, and no amendment to bills by one House shall be concurred in by the other, unless by a vote taken by yeas and nays, and the names of the mem- bers voting for and against the same be recorded at length on the Journal ; and no report of a committee of conference shall be adopted in either House, except upon a vote taken by yeas and nays, and entered on the Jour- nal, as herein provided for the adoption of amendments. (35. The Legislature shall" have no power to authorize lotteries or gift enterprises for anj purpose, and shall pass laws to prohibit the sale of lottery or gift enterprise tickets, or tickets in any scheme in the nature of a lottery, in this State; and all acts, or parts of acts heretofore passed by the Legislature of this State, authorizing a lottery or lotteries and all acts amenda- tory thereof, or supplemental thereto, are hereby avoided, 06. 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 Legis- lature, after the same shall have been publicly read at length immediately before signing, and the fact of read- ing and signing shall be entered upon the Journal; but the reading at length may be dispensed with by a two- thirds vote of a quorum present, which fact shall also be entered on the Journal. Constitutional Convention. 1509 07. The Legislature shall prescribe bv law the num- ber, duties and compensation of the officers and employes of each House, and no payment shall be made from the State Treasury or be in any way authorized to any per- son except to an acting officer or employe elected or appointed in pursuance of law. 08. The Legislature shall have no power to grant or to authorize or require any county or muni- cipal a^ithority t(' grant, nor shall any county or muni- r-ipal authority have power to grant any extra compen- sation, fee or allowance to any public officer, servant or employee, agent or contractor, after service shall have been rendered or contract made, nor to increase or decrease the fees and compensation of such officers during their term of office; nor shall any officer of the State bind the State to the paj^ment of any sum of money but by authority of law; provided this section shall not i^pply to allowances made hj Commissioners, Courts or Boards of Revenue to county officers for ex officio services. 69. All stationery, printing, j>aper and fuel used in the legislative and other departments of gov- ernment shall be furnished and the printing, bind- ing and distribution of laws, Journals, department reports, and all other printing, binding and repair- ing and furnishing the halls and rooms used for the meeting of the Legislature and its com- mittees, shall be performed under contract, to be given to the lowest responsible bidder below a maxi- mum price, and under such regulations as shall be pre- scribed by law ; no member or officer of any department of the government shall be in any way interested in such contracts, and all such contracts shall be subject to the approval of the Governor, Auditor and Treasurer. 70. All bills for raising revenue shall originate in the House of Tvepresentatives. The Governor, Avidi- tor and Attorney General shall, before each regular session of the Legislature, pre])are a general revenue bill to be submitted to the Legislature, for its informa- tion, and the Secretary of State shall have printed for the use of the Legislature a sufficient number of copies 1510 JouRXAL OF Alabama of the l)ill so prepared which the Governor shall trans- mit to the House of Kepresentatives as soon as organ- ized, to be used or dealt with as that House may elect. The Senate may propose amendments to" revenue bills. No revenue bill shall be passed during the last five days of the session. 71. The general appropriation bill shall em- brace nothing but appropriations for the ordinary ex- penses of the Executive, Legislative and Judicial de- partments of the State, interest on the public debt, and for the public schools. The salary of no officer or em- ploye shall be increased in such bill, nor shall any ap- propriation be made for any officer or employe unless his employment and the amount of his salary have al- ready been provided for by law. All other appropria- tions shall be made hj separate bill, and each embrac- ing but one subject. 72. No money shall be paid out of the Treasury except upon appropriation made by law, and on war- rant drawn by the proper officer in pursuance thereof; and a regular statement and account of receipts and ex- X)enditures of all public moneys shall be published an- nually, in such manner as may be by law directed. 73. No appropriation shall be made to any charitable or educational institution not under the ab- solute control of the State, other than normal schools established by law for the professional training of teachers for the public schools of the State, except by vote of two-thirds of all members elected to each House. 74. No act of the Legislature shall autlinrize the investment of any trust fund by executors, adminis- trators, guardians and other trustees in the bonds or stock of any private corporation ; and any such acts now existing are avoided, saving investments hereto- fore made. 75. The power to change the venue in civil and criminal cases is vested in the courts, to be exercised in such manner as shall be provided by law. 70. AVhen the Legislature shall b(^ couveued in special session there shall be no legislation upon sub- jects other than those designated in tlie proclamatii^n of COXSTITUTIOXAL CoXVENTIOX. 1511 the Governor calling such session, except by a vote of two-thirds of eacli House. Special sessions shall be lim- ited to thirty days. 77. No State office sliall be continued or created for the inspection or measuring of any merchandise^ manu- facture or commodity, but any county or municipality may appoint such officers when authorized by law. 78. No act of the Legislature changing the seat of government of the State shall become a law until the same shall have been submitted to the qualified electors of the State at a general election, and approved by a majority of such electors voting on the same ; and such act shall specify the proposed new location. 70. A member of the Legislature who shall so- licit, demand, or receive, or consent to receive, directly or indirectly, for himself or for another, from any company, corporation or person, anj money, office, appointment, employment, reward, thing of value, or enjoyment, or personal advantage or promise thereof, for his vote or official influence or for withholding the same, or with an understanding, expressed or implied, that his vote or his official action shall in an way be in- fluenced thereby; or who shall solicit or demand any such money or other advantage, matter or thing afore- said, for another as the consideration of his vote or influence, or for withholding the same; or shall give or withhold his vote or influence in consideration ^f the payment or promise of such money, advantage, matter or thing to another, shall be guilty of bribery within the meaning of this Constitution ; and shall incur the disabilities and penalties provided thereby for such offense, and such additional ])unishment as is or shall be provided by law. 80. Any person who shall, directly or indirectly, offer, give or promise any money, or thing of value, tes- timonial, privilege, or personal advantaije, to anv exe- cutive or judicial officer or member of the Legislature to influence him in the performance of any of his public or official duties, shall be guilty of bribery and be pun- ished in such manner as may be provided by law. 1512 JouuxAL OF Alabama 81. The ott'euvse of corrupt solicitation of iiiein- bers of the Legislature or of public officers of this State or of any municipal division thereof, and any occu- pation or practice of solicitation of such members or officers, to influence their official action, shall be defined by law, and shall be punished by fine and imprisonment in the penitentiary; and the Legislature shall provide for the trial and punishment of the offenses enumerated in the two preceding sections, and shall require the Judges to give the same specially in charge to the Grand Juries in all the counties of this State. 82. A member of the Legislature who has a per- sonal or private interest in any measure or bill, pro- posed or pending before the Legislature, shall disclose the fact to the House of which he is a member, and shall not vote thereon. 83. In all elections by the Legislature, tlie mem- bere shall vote viva voce, and the votes shall be entered on the Journals. 84. It shall be the duty of the Legislature to pass such laws as may be necessary and proper to decide differences by arbitrators, to be appointed by the par- ties, who may choose that mode of adjustment. 85. It shall be the duty of the Legislature, at its first session after the ratification of this Constitu- tion, and within every subsequent period of twelve years, to make provision by law for the revision, digest- ing and promulgation of the public statutes of this State, of a general nature, both civil and criminal. 80. The Legislature shall pass such penal laws as they may deem expedient, to suppress the evil prac- tice of dueling, 87. It sliall Ite the duty of the Legislature to regulate by law the cases in which deduction shall be made from the salaries or compensation of public offi- cers for neglect of duty in their official ca])acities, and the amount of such deduction. 88. It shall be the duty of the Legislature to re- quire the several counties of this State to make ade- quate provision for tlie maintenance of the poor. Constitutional Convention. 1513 89. The Legislature shall not have power to authorize any municipal corporations to pass any laws inconsistent with the general laws of this State, 90. In the event of annexation of any foreign territory to this State, the Legislature shall enact laws extending to the inhabitants of the acquired territory all the rights and privileges which may be required by the terms of the acquisition not inconsistent with this Constitution. Should the State purchase such foreign territory the Legislature, with the approval of the Gov- ernor, shall be authorized to expend any money in the Treasury not otherwise appropriated, and if necessary, to provide also for the issuance of State bonds to pay for the purchase of such foreign territory. 91. The Legislature shall not tax the property real or personal, of the State, counties or other muni- cipal corporations, or cemeteries; nor lots in incorpor- ated cities or towns, or within one mile of any city or town, to the extent of one acre, nor lots one mile or more distant from such cities or towns, to the extent of five acres, with the buildings thereon, when the same are used exclusively for religious worship, for schools or for purposes purely charitable. 92. The Legislature shall, by hnv, prescribe such rules and regulations as may be necessary to ascertain the value of real and personal property, exempted from sale under legal process by this Constitution; and to secure the same to the claimant thereof as selected. 93. The State shall not engage in works of in- ternal improvement, nor lend money or its credit in aid of such ; nor shall the State be interested in any private or corporate enterprise, or lend money or its credit to any individual, association or corporation. 91. The Legishiture shall not have power to authorize any county, city, town or other subdivision of this State to lend its credit, or to grant public money or thing of value, in aid of, or to any individual, asso- ciation or corporation whatsoever, or to become a stock- holder in any such corporation, association, or company by issuing bonds or otherwise. 1514 Journal of Alabama 95. There can be no law of this State impairing the obligation of contracts by destroying or impairing the remedy for their enforcement; and the Legislature shall have no power to revive any right or remedy which may have become barred by lapse of time, or by any statute of this State. After suit has been commenced on any cause of action, the Legislature shall have no power to take away such cause of action, or to destroy any ex- isting defense to such suit. 96. The Legislature shall not enact any law not applicable to all the counties in the State, regulating costs and charges of courts, or fees, commissions or al- lowances of public officers. 97. The Legislature shall not authorize payment to any person of the salary of a deceased officer beyond the date of his death. 98. The Legislature shall not retire any officer on pay, or part pay, or make any grant to such retiring officer. 99. Lands belonging to, or under the control of the State shall never be donated directly or indirectly to private corporations, associations or individu- als, or railroad companies; nor shall such lands be sold to corporations or associations for a less price than that for which they are subject to sale to individuals; provided, that nothing con- tained in this section shall prevent the Legislature from granting a right of way, not exceeding 125 feet in Avidth, as a mere easement, to railroads or telegraph or telephone lines across State lands, and the Legislature shall never dispose of the land covered by said right of way, except subject to such easement. 100. No obligation or liabilitv of any person, as- sociation or corporation held or owned by this State, or by any count^^, or other municipality thereof, shall ever be remitted, released, or postponed, or in any Avay diminished, by the Legislature; nor shall such liability or obligation be extinguished except by payment there- of; nor shall such liability, or obligation be ex- changed or transferred except upon payment of its face value; provided, that this section shall not pre- Constitutional Convention. 1515 vent the Legislature from providing, by general law, for the compromise of doubtful claims. 101. No State or county official shall, at any time during his term of office, accept, either directly or indirectly, any fee, money, office, appointment, employ- ment, reward or thing of value, or of personal advan- tage, or the promise thereof, to lobby for or against any measure pending before the Legislature, or to give or withhold his influence to secure the passage or defeat of any such measure. 102. The Legislature shall never pass any law to authorize or legalize any marriage between any white person and a negro or descendant of a negro. 103. The Legislature shall provide by law for the regulation, prohibition or reasonable restraint of com- mon carriers, partnerships, associaticins, trusts, mo- nopolies and combinations of capital so as to prevent them or any of them from making scarce articles of ne- cessity, trade or commerce, or from increasing un- reasonably the cost thereof to the consumer, or prevent- ing reasonable competition in any calling, trade or business. LOCAL LEGISLATION. Section 104--The Legislature shall not pass a special, private or local law in an^^ of the following cases: First — Granting a divorce. Second — Relieving any minor of the disabilities of non-age. Third — Changing the name of any corporation, asso- ciation or individual. Fourtli — Providing for tlie adopting or legitimiz- ing of any child. Fiftli — Incorporating a city, town or village. Sixth — Granting a charter to any corporation, asso- ciation or individual. Seventh — Establishing rules of descent or distribu- tion. Eighth — Regulating the time within which a civil or criminal action may be begun. 1516 Journal of Alabama Ninth — Exempting any individual, private corpora- tion or association from tlie operation of any general law. Tenth — Providing for the sale of the property of any individual or estate. Eleventh — Changing or locating a county seat. Twelfth — Providing for a change of venue 11 any case. Thirteenth — Regulating the rate of interest. Fourteenth — Fixing the punishment of crime. Fifteenth — Regulating either the assessment or col- lection of taxes, except in connection with the readjust- ment, renewal or extension of existing municipal in- debtedness, created prior to the ratilication of the Con- stitution of 1875. Sixteenth — Giving effect to an invalid will, deed or other instrument. Seventeenth — Authorizing any county, city, town, vil- lage, district or other political subdivision of a county, to issue bonds or other securities unless tlie issuance of said bonds or other se- curities sliall have been authorized before the enactment of such local or special law, by a vote of the dul,y qualified electors of such county, town- ship, city, town, village, district or other political sub- division of a county, at an election held for such pur- pose, in the manner that may be prescril>ed by law; pro- vided, the Legislature may, without such election, pass special laws to refund l>onds issued before the date of the ratification of this Constitution. Eighteenth — Amending, confirming or extending the charter of any private municipal corporation or remit- ting the forfeiture thereof; provided, this shall not pro- hi})it the Legislature from altering or re-arranging the boundaries of any city, town or village. Nineteenth — Creating, extending or impairing any lien. Twentieth — Chartering or licen^ng any ferry, road or bridge. Twenty-first — Increasing the jurisdiction and fees of Justices of the Peace, or tlie fees of Constables^ Constitutional Convention. 1517 Twenty-second — Establisliing separate school dis- tricts. Twenty-third — Establisliing separate stock districts. Twenty-fourth — Creating, increasing or decreasing fees, percentages or allowances of pnblic officers. Twenty-fiftli — Exempting property from taxation or from levy or sale. Twenty-sixth — Exempting any person from jury, road or other civil duty. Twenty-seventh — Donating any land owned by or under control of the State to any person or corporation. Twenty-eighth — Remitting fines, penalties or forfeit- ures. Twenty-ninth — Providing for the conduct of elections or designating places of voting, or changing the boun- daries of wards, precincts or districts, except in the event of the organization of new counties, or the changing of the lines of old counties,' Thirtieth — Restoring the right to vote to persons convicted of infamous crimes or crimes involving moral turpitude. Thirty-first — Declaring who shall be liners between precincts or between counties. 105. No special, private or local law, except a law fix- ing the time of holding court, shall be enacted in any case, which is provided for by a general law, or when the relief sought can be given by any court of this State, and the Courts, and not the Legis- lature shall judge as to whether the matter of said law is provided for by a general law, and as to whether the relief sought can be given by any court; nor shall the Legislature indirectly enact any such special, private or local law by the partial repeal of a general law. The Legislature shall pass general laws for the cases enumerated in this section; provided, that noth- ing in this section or 'article shall affect the right of the Legislature to enact local laws regulating or prohibit- ing the liquor traffic; but no such local law shall be en- acted unless notice shall have been given as required in Section 106 of this Constitution. 1518 Journal of Alabama lOG. No special, private or local law shall be passed on any subject not enumerated in Section 104 of this Constitntion, except in reference to lixino- the time of holding- courts, unless notice of tlie intention to apply therfoi- shall have been published, without cost to the State, in the county or counties where the nmtter or thing to be affected may be situated, which notice shall state the substance of the proi)osed law, and be published at least once a week for four consecutive weeks in some newspaper published in such county or counties, or if there is no ne\^•spaper published therein, then by posting the said notice for four consecutive weeks at five differ- ent places in the county or counties prior to the intro- duction of the bill ; and proof by affidavit that said notice has been given shall be exhibited to each house of the Legislature, and said proof spread upon the Journal. The courts shall pronounce void every local law A^hich the Journals do not affirmati^-el}^ show was passed in accordance with the provisions of this section. 107. The Legislature shall not, by a special, ])rivate or local law, repeal or modify any special, private or local law except upon notice being given and shown as provided in the last preceding section. 108. Tlie operation of a general law shall not be sus- pended for the benefit of any individual, private cor- poration or association, nor shall any individual, private corporation or association be exempted from the operation of any general law, except as in this article otherwise provided. 109. The Legislature shall pass general laws under which local and private interests shall be provided for and protected. 110. A general law, within the meaning of this article, is a law which applies to the whole State; a local law is a law which applies to any political subdivision or subdivisions of tlie State less than the whole — a spe- cial or private law, within tbe meaning of this article, is one which applies to an individual, association or corporation. 111. Xo bill introduced as a general law in either House of tlie Legislature shall be so amended on its i)ass- Constitutional Convention. 1519' age as to become a special, private or local law. Mr. Watts offered the following- amendmeut to Arti- cle IV, which was adopted : Amend Section lOG by inserting before "local" in line 13, the words "special, private, or." Mr. Samford offered the following amendment to Article IV : Amend the report of the committee by striking out the words ''provided, this shall not prohibit the Legislature from altering or rearranging the boundaries of any city, town or village," in line 24, page 23. On motion of Mr. Vaughan the amendment was laid upon the table. Mr. O'Neal of Lauderdale offered the following amend- ment to Article IV : Amend Section 48, line 7, by striking out the word "quadriennially" and inserting in lieu thereof the word 'iDiennially" and strike out the word "fifty" at the end of line 10, and insert in lieu thereof the word "forty," On motion of Mr. Rogers of Sumter the amendment offered by Mr. O'Neal of Lauderdale, was laid upon the table : Yeas, 93 ; nays, 31. TEAS. ^Messrs. President, Coleman (Greene), Altman, • Coleman (Walker), Ashcraft, Cornwell, Barefield, Craig, Beavers, Cunningham, Beddow, Davis (DeKalb), Bethune, Davis (Etowah), Blackwell, Dent, Boone, doGraffenried, Burnett, Eley, Cardon, Ferguson, Carmichael (Colbert), Fletcher, Carmichael (Coffee), Glover, Carnathon, Grabam (Talladega), Case, Grant, Chapman, Greer (Calhoun), 3520 Journal of Alabama Greer (Perry), Pearce, Halev, Peitus, Handley, Phillips, Harrison, IMuuis, Heflin (Chambers), Reese, Hodges, Reynolds ( Henry ) , Howell, Rogers C Sumter), Howze, Sam ford, Inge, Sanders, Jackson, Searcy, Jones (Bibb), Sentell, Jones (Hale), Sloan, Jones (Wilcox), Smith (Mobile), Knight, Smith, Mac. A., Kvle, Smith, Morgan M., Ledbetter, Sorrell, Long (Walker), Spragins, Lowe (Lawrence), Stewart, Macdonald, Tayloe, McMillan (Baldwin), Vaughan, McMillan (Wilcox), Waddell, Martin, Walker, Merrill, Weakley, Miller (Marengo), Weatherly, Miller (Wilcox), White, Mulkey, Whiteside, Norman, Williams (Marengo), O'Rear, Williams (Elmore), Palmer, Wilson (Clarke), Parker ( Cullman ) , Wilson (Washington) — 93 Parker (Elmore), NAYS. Messrs. Banks, Poshee, Bartlett, Foster, Brooks, Freeman, Burns, Gilmore, Byars, Graham (Montgomery), Cobb, (rrayj^on. Duke, Heflin (Randolph), Constitutional Convention. 1521 HendeiFon, Porter, ELood, Reynolds (Chilton), Jones (Montgomery), Sanford, Lomax, Sijcars. Moody, Thompson, Miirphree, Watts, Oates, Williams (Barbour), O'Neal (Lauderdale), Winn — 31. Opp, Mr. Howell offered the following amendment to Arti- cle IV : . Amend Section 4:8, line 10, by inserting the word "^'working'' between the words "sixty" and "days;" also in lines 10 and 11 insert the word "working" between the words "fifty" and "days." On motion of Mr. Foster the amendment was laid upon the table. Mr. Oates offered the following amendment to Article IV: Amend Section 102 by adding thereto the following words : "Within the fourth degree through one ancestor of each generation should be a white person." On motion of Mr. Greer of Calhoun, the amendment was laid upon the table. RECESS. Pending the furiher consideration of the report of the Committee on Order, Consistency and Harmony of the Whole Constitution, the hour of 1 o'clock p. m. arrived, and, under the rules, the Convention recessed until 3:30 o'clock this afternoon. AFTERNOON SESSION. The Convention met pursuant to adjournment. roll call. On a call of the roll of the Convention, the following delegates answered to their name^, whicli constituted a quorum : 96 1522 Journal of Alabama Messrs. President, Altman, Ashcraft, Banks, Barefield, Bartlett, Beavers, Beddow, Bethune, Blackwell, Brooks, Byars, Cardon, Carnathon, Case, Chapman, Cobb, Cofer, Coleman (Greene), Coleman (Walker), Cornwell, Craig, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, deGraffenried, Duke, Eley, Ferguson, Fitts, Fletcher, Foshee, Foster, Freeman, Gil more, Glover, Grahnm (Talladega), Grant, Greer (Calhoun), Greer (Perry), Haley, Ilandley, llarris(/n, lleriin (Randolph), Hodges, Hood, Howell, Howze, Inge, Jones, (Bibb), Jones (Wilcox), Knight, Kyle, Lomax, Long (Walker), Lowe ( Lawrence ) , Macdonald, McMillan (Baldwin), McMillan (Wilcox), Miller (Marengo), :Miller (Wilcox^ Moody, Murphree, NeSmith, Norman, Norwood, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, O'Pvear, Palmer, Parker (Cullman), Parker (Elmore), Porter, Keese, Reynolds (Henry), Rogers (Lowndes), Sanders, Sanford, Sentell, Smith, Mac. A., COxXSTITUTIOXAL CONVENTION. 1523 Smitli, Morgan M. ^^'alker, Sorrell, Watts, Spears, ^^'eaklev, Spragins, Weatlierly, Stewart, \Nliite, Tayloe, \Vliiteside, Thompson, Williams (Barbour), Vauglian, Wiini — 99. Waddell, RESOLUTION. Mr. Keese offered the following resolution: Resolution 325 : Resolved, That when this Convention shall adjourn to-day at 7 o'elock p. m. it shall stand adjourned to meet again at 8 :30 to-night. Mr. Reese moved that the rules be suspended in order to consider the resolution immediately. The motion to suspend the rules prevailed. The question recurred upon the adoption of the reso- lution. The resolution was lost. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was the report of the Com- mittee on Order, Consistency and Harmony of the Whole Constitution. Mr. Jones of Montgomery offered the following amendment to Article IV, which was adopted : Amend Section 68 of the Article on Legislative De- partment, by striking out the period at the end of the section, and inserting in lieu thereof a semicolon, and by inserting the following words immediately after the semicolon, to- wit: "Nor prevent the Legislature from increasing or diminishing, at any time, the allowance to Sheriffs or other officers for feeding or transporting and guarding prisoners." Mr. Howze offered the following amendment to Arti- cle IV : 1524 Journal ov Alahama Amend Section 74, line 23, by striking out the word "heretofore'' and adding the words "prior to the ratifica- tion of the Constitution of 1875." On motion of Mr. deGraffenried tlie amendment of- fered by Mr. Howze was laid upon the table. Mr. Weatherly moved that the word "other" in line 22, Section 74, be stricken out. The motion was lost. Mr. Coleman of Greene offered the following amend- ment to Article IV : Amend by striking out Section 110, on-page 25, report of Legislative Department. On motion of Mr. Boone the amendment of Mr. Cole- man of Greene was laid upon the table. Mr. Jones of Wilcox offered the following amendment to Article IV : Add at the end of subdivision 21, line 3, page 24, Local Legislation : "And laws heretofore passed by the Legis- lature increasing the jurisdiction of Justices of the Peace in Wilcox county are hereby repealed." On motion of Mr. Walker the amendment offered by Mr. Jones of Wilcox was laid upon the table. On motion of Mr. White Article IV, as amended, was adopted. Suj^plemental report of the Committee on Order, Con- sistency and Harmony of the Whole Constitution. Mr. President: Your Committee on Order, Consistency and Harmony of the Whole Constitution, for the reasons hereinbelow stated, have instructed me to make the following sup- jDlemental report: The jorovision that Sheriffs shall hold their oflftce for a term of four years, together with the fact that the Sheriffs who are elected in the year 1900 would, with- out some amendments, put the election of Sheriffs at a time other than that at which all other county officers are elected. The committee have accordingly inserted at the end of the first sentence of Section 188, the following pro- viso : "Provided, That the Sheriffs elected in the year Constitutional Convention. 1525 1904 shall hold their offices for a term of six years, un- less sooner removed. Respectfully submitted, Frank S. White, Chairman. ARTICLE V. EXECUTIVE department. Was read at length as follows : ARTICLE V. executive department. 112. The Executive Department shall consist of a Grovernor, Lieutenant Grovernor, Attorney General, State Auditor, Secretary of State, State Treasurer, Su- perintendent of Education, Commissioner of Agricul- ture and Industries, and a Sheriff for each county. 113. The supreme executive power of this State shall be vested in a chief magistrate, who shall be styled "the G-overnor of the State of Alabama." 114. The Governor, Lieutenant Governor, Attorney G-' neral, State Auditor, Secretary of State, State Treas- urer. Superintendent of Education and Commissioner of Agricnlture and Industries, shall be elected by the qualified electors of the State at the same time and places appointed for the election of members of the Legislature in the year 1902, and in every fourth year thereafter. 115. The returns of every election for Governor, Lieutenant Governor, Attorney General, State Auditor, Secretary of State, State Treasurer, Superintend- ent of Education and Commissioner of Agricul- ture and Industries shall be sealed up and trans- Emitted bv tiie returning officers to the sent of government, directed to the Speaker of the Ilonse of Representatives, who shall, during the first week of tlie session to which such returns shall be made, open and pnblish them in the presence of both houses of the Legislature in joint 1526 Journal of Alabama convention; but the Speaker's duty, and the duty of the joint convention sliall be purely ministerial. The result of the election shall be ascertained and declared by the speaker from the face of the returns without delay. The person having the highest number of votes for any one of said offices shall be declared duly elected ; but if two or more persons shall have an equal and the highest number of votes for the same office, the Legislature by joint vote, without delay, shall choose one of said persons for said office. Contested elections for Governor, Lieutenant Governor, Attorney General, State Auditor, Secretary of State, State Treasurer, Superin- tendent of Education, and Commissioner of Agriculture and Industries shall be determined l\y both Houses of the Legislature in siu-h manner as may be prescribed by law. 110. The Governor, Lieutenant Governor, Attorney General, State Auditor, Seci-etary of State, State Treas- urer, Superintendent of Education and Commissioner of Agriculture and Industries elected after the ratification of this Constitution, shall hold their respective offices for the term of four years from the first ^Monday after the second Tuesday in Januarj^ next succeeding their election, and until their successors shall be elected and qualified. After the first election under this Constitu- tion no one of said officers shall be eligible as his own successor; and the (xovernor shall not be eligible to elec- tion or appointment to any office under this State or to the Senate of tlie Ignited States, during his term, and within one year after the expiration thereof. 117. The Governor and Lieutenant Governor shall each be at least thirty years of age when elected, and shall have l)een citizens of the United States ten years and resident citizens of this State at least seven years next before the date of their election. The Lieutenant Governor shall be ex-officio President of the Senate, but shall have no right to V(ite except in the event of a tie. 118. The Governor, Lieutenant Governor, Attorney General, State Auditor, Sc^cretary of State, State Treas- urer, Sujx'i'intendcut of Education, and Commissioner of Agriculture and Industries sliall receive com])eusation Constitutional Convention. 1527 to be fixed by biw, wbich sliall not be increased or diniin- islied dnrinj;- tlie term for whicli tlie^^ sliall liave been tdeeted, and sliall, except the Lieutenant (Tovernor, re- side at the State Capital during- the time they continue in office, except during' epidemics. The compensation of the Lieutenant (lovernor shall be the same as that re- ceived by the S})eaker of the House, except while serv- ing as Governor, during which time his compensation sliall be the same as that allowed the Governor. 119. If the Legislature, at the session next after the ratification of tliis Constitution, shall enact a law in- creasing the salary of the Governor, such increase shall become effective and apply to the first Governor elected after the ratification of this Constitution, if the Legis- latui'c shall so determine. 120. The Governor shall take care tlmt the laws be faithfully executed. 121. The GoYernor may require information in writing, under oath, from the officers of the Executive Department named in this article, or created by statute, on any subject relating to the duties of their respective offices; and lie may at any time require information in writing, under oath, from all officers and managers of State institutions, upon any subject relating to the con- dition, management, and expenses of their respective offices and institutions. Any such officer or manager who makes a wilfully false report, or fails without suffi- cient excuse to make such report on demand, is guilty of an impeachable offense. 122. The Governor may, l)y proclamation on ex- traordinary occasions, convene the Legislature at the seat of government, or, at a different place, if since their last adjournment, that shall have become dangerous from an enemy, insurrection, or other lawless ontln'pak, or from any infectious or contagious disease; be shall state specifically in such proclamation each matter concerning which the action of that body is deemed necessary. 123. The Governor shall, from time to time, give to the Legislature information of the state of the tiovernnumt, and i-ecommend for its consideration such 1528 Journal of Alabama measures as he may deem expedient; and at the com- mencement of each regular session of the Legis- lature, and at the close of his term of oflflce, give in- formation, by written message, of the condition of the State; and he shall account to tlie Legislature, as may be prescribed by law, for all moneys received and paid out by him, or by his order ; and, at the commence- ment of each regular session, he shall present to the Legislature estimates of the amount of money re- quired to be raised by taxation for all purposes. 124. The Governor shall "have power to remit fines and forfeitures, under such rules and regulations as may be prescribed by law; and, after conviction, to grant reprieves, paroles, commutations of sentence and pardons, except in cases of impeachment. The Attorney General, Secretary of State and State Auditor shall constitute a Board of Pardons, who shall meet on the call of the Governor, and before whom shall be laid all recommendations or petitions, for par- don or commutations or paroles, in cases of felony ; and the Board shall hear them in open session, and give their opinion thereon in writing to the Governor, after which or on the failure of the board to advise for more than 60 days the Governor nmy grant or refuse the com- mutation, parole or pardon, as to him seems best for the public interest. He shall communicate to the Legislature at each session, every remission of fines and forfeitures and every reprieve, com- mutation, parole, or pardon, with his reasons there- for, and the opinion of the Board of Pardons in each case required to be referred; stating the name and crime of the convict, the sentence, its date, and the date of re- prieve, commutation, parole or pardon. Pardons in cases of felony and other offenses involving moral turpi- tude, shall not relieve from civil and political disabili- ties, unless approved by the Board of Pardons and spe- cifically expressed in the pardon. 125. Every lull which shall have passed both Houses of the Legislature, exce])t as otherwise provided in this Constitution, shall be presented to the Governor; if he approve, he shall sign it; but if not, he shall Constitutional Convention. 152^ return it, with his objections, to the House in which it originated, which shall enter the ob- jections at large upon the Journal, and proceed to re- consider it. If the Governor's message proposes no amendment which would remove his objections to the bill, the House in which the bill originated may proceed to reconsider it, and if a majority of the whole number elected to that House vote for the passage of the bill, it shall be sent to the other House, which shall, in like manner, reconsider, and if a majority of the whole number elected to that House vote for the passage of the bill the same shall become a law, notwith- standing the Governor's veto. If the Governor's message proposes amendment which would remove his objections, the House to which it is sent may so amend the bill and send it with the Governor's message to the other House, which may adopt, but cannot amend said amendment; and both Houses concurring in the amendment, the bill shall again be sent to the Governor, and acted on b}^ him as other bills. If the House to which the bill is re- turned refuses to make such amendment, it shall proceed to reconsider; and if a majority of the whole number elected to that House, shall vote for the passage of the bill, it shall be sent with the objections to the other House, by which it shall likewise be reconsidered, and if approved by a majority of the whole number elected to that House it shall become a law. If the House to which the bill is returned makes the amendment and the other House declines to pass the same, that House shall pro- i-'eed to reconsider, as though the bill had originated therein, and such proceedings shall be taken thereon as above provided. In every such case the vote of both Houses shall be determined by yeas and nays and the names of the members voting for or against the bill shall be entered upon the Journals of each House respectively. If any bill shall not be returned by the Governor within six days, Sundays excepted, after it sliall }mve been pre- sented, the same shall become a law in like manner as if he had signed it, unless the Legislature, by its adjournment, prevent the return, in which 1530 Journal of Alabama case it shall not be a law; but when return is prevented bj recess such bill must be returned to the House in which it originated within two days after reassembling otherwise it shall become a law ; but bills presented to the Governor A\ithin five days before the final adjourn- ment of the Legislature may be approved by tlie Gover- nor at any time within ten days after such adjourn- ment, and if approved and deposited A\'ith the Secretary of State within that time, shall become a law. Every vote, order or resolution to which concurrence of both Houses may be necessary, except on (questions ot adjourn- ment, and the bringing on of elections by the two Houses, and amending this Constitution, shall be presented to the Governor; and before the same shall take effect, be approved by him; or, being disapproved, shall be re- passed by both Houses, according to the rules and limi- tations prescribed in the case of a bill. 126. The Governor shall have power to approve or disapprove any item or items of any approi)riation bill embracing distinct items, and tlie part or parts of the bill approved shall be the law ; and the item or items disapproved shall be void, unless repassed, ac- cording to the rules and limitations prescribed for the passage of bills over the Executive veto; and he shall in writing, state specifically the item or items he disapproves, setting the same out in full in his message; but in such case, the enrolled bill shall not be returned with the Governor's objection. 127. In case of the Governor's removal from office, death or resignation, the Lieutenant Governor shall be- come Governor. If both the Governor and Lieutenant Governor be removed from office, die or resign more than sixty days prior to the next general elec- tion for members of the Legislature, the Governor and Lieutenant Governor shall be elected at such elec- tion for the unexpired term, and in the event of a vacancy in the office, caused by the removal from office, death or resignation, of the Governor and the Lieutenant Governor, pending such vacancy and until their successors shall be elected and qualified, the office; of Governor shall be held and administered bv either Constitutional Convention. 1581 the President pro tern of the Senate, Speaker of the House of Kepresentatives, Attorney (Jeneral, State Andi- tor, Secretary of State, or State Treasurer in tlie order herein named. In case of tlie impeachment of the Grover- nor, his absence from the State for more than twenty days, unsoundness of mind, or other dis- ability, the power and authority of the office' shall until the Governor is acquitted, returns to tlie State, or is restored to his mind, or relieved from other disability, devolve in the order lierort and before tlu^ word "if therein, the words "and the Governor, when satisfied, after hearing the Sheriff, that he should be impeached, may suspend him from office until the impeachment pro- ceedings are terminated." Amend further by striking out the period after the word "Constitution," and in- serting a semicolon in lieu of the period. ]Mr. Coleman of Greene moved to table the amendment offered by jNfr. Jones of Montgomery. The motion was lost : Yeas, 60 ; nays, 62. YEAS. Messrs. President, Altman, Ash era ft. Banks, Beddow, Bethune, Blackwell, Brooks, Browne, Carnathon, Chapman, Cofer, Coleman (Greene)j Cunningham, Davis (beKalb), Davis (Etowah), Dent, Fletcher, Foshee, Foster, Freeman, Grant, Grayson, Handley, IT'irrison, Hood, Howze, Jackson, Jones (Bibb), Kyle, Lowe (Lawrence), ^McMillan (Baldwin),. " McMillan (Wilcox), Martin, .Alerrill, .Aliller (Wilcox), Murphree, Norman, Gates, ]*:irker (Cullman) ^ Phillips, Porter, 1536 Journal of Alabama Reynolds (Ilenry), liOgers ( Lowndes ) , Sanford, Sloan, Smith, Mac. A., Smith, Morgan M. Spears, Spragins, Stewart, Thompson, Walker, Watts, Weakley, AVhite, Whiteside, Williams (Barbour), Williams (Elmore), Winn— 60. NAYS. Messrs. Barefield, Bartlett, Beavers, Boone, Burns, Byars, Cardon, Carmichael (Colbert), Case, Cobb, deGraffenried, Duke, Eley, Eyster, Ferguson, Gilmore, Glover, Graham (Montgomery), Graham (Talladega), Greer (Calhoun), Greer (Perry), Haley, Heflin (Chambers), Heflin (Randolph), Henderson, Howell, Inge, Jones (Hale), Jones (Montgomery), Jones (AYilcox), Knight, Lomax, Long (Walker), Mardonald, Miller (Marengo), ^Nloody, NeSmith, Norman, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, O'Rear, Palmer, Parker (Elmore), Pearce, Pettus, Pillans, Reese, Rogers (Sumter), Samford, Sanders, Searcy, Selheimer, Sentell, Sorrell, Constitutional Convention. 1637 Studdard, Tayloe, Vanc^han, Waddell, Weatherly, ^Villiams (Marengo), Wilson (Clarke)— 62 The question recurred upon the adoption of the amendment offered by Mr. Jones of Montgomery. A division of the question was demanded. The question was upon the first part of the amend- ment relative to Sheriffs being ineligible to succeed themselves, and inserting in lieu of the same the words ^'who may succeed himself, but shall not hold such office for more than two of any three consecutive terms." The first part of the amendment was lost: Yeas, 55; nays, 64. Messrs. Barefield, Beavers, Boone, Burns, Cardon, Carmichael (Colbert), Cobb, deGraffenried, Duke, Eley, Eyster, FergiEon, Glover, Graham ( Montgomery ) , Graham (Talladega), Greer (Calhoun), Greer (Perry), Heflin (Chambers), Heflin (Randolph), Henderson, Howell, Inge, Jones (Hale), Jones (Montgomery), 97 YEAS. Jones (Wilcox), Knight, Lomax, Long (Walker), Lowe (Lawrence), Maedonald, ^Miller (Marengo), Moody, NeSmith, Norwood, O'Neal (Lauderdale), O'Rear, Palmer, Parker (Elmore), Pearce, Pettus, Pillans, Reese, Rogers (Sumter), Sanders, Searcy, Selheimer, Sentell, Tayloe, 1538 Journal of Alabama Vaiiglian, Wacidell, Weatherly, Williams ( Marengo )> Wilson (Clarke)— 55, NAYS. Messrs. President, Altman, Ashcraft, Banks, Bartlett, Beddow, Bethune, Blackwell, Brooks, Browne, Byars, Carnatlion, Case, Chapman, Cofer, Coleman (Greene), Coleman (Walker), Cunningham, Davis (DeKalb), Dent, Fletcher, Foshee, Foster, Freeman, Gilmore, Grant, Grayson, Handley, Harrison, Hood, Howze, Jackson, Jones (Bibb), Kyle, McjNIillan (Baldwin), McMillan (Wilcox), Martin, Merrill, Miller (Wilcox), Murphree, Norman, Gates, Parker (Cullman), Phillips, Porter, Reynolds (Henry), Rogers (Lowndes), Sanford, Sloan, Siiiitl!, Mac. A., Smith, Morgan M., Sorrell, Spears, Spragins, Stewart, Thompson, Walker, AYatts, Weakley, White, Whiteside, Williams (Barbour), Williams (Elmore), Winn— 64. Constitutional Convention. 1539 reconsideration. Mr. Heflin of Chambers gave notice that on to-mor- row he would move to reconsider the vote by which the first part of the amendment was lost, Mr. Jones of Montgomery asked unanimous consent that he be allowed to withdraw the latter part of his .amendment. Objection was made. Mr. Reese moved to suspend the rules in order to al- low Mr. Jones of Montgomery to withdraw the latter part of the amendment. The motion was lost. The question recurred upon the adoption of the latter part of the amendment offered by Mr. Jones of Mont- gomery. The motion was lost : Yeas, 12 ; nays, 107. YEAS. Messrs. Bartlelt, Boone, Byars, Cofer, Foshee, Freeman, IIowzc, Oates, Porter, Reynolds (Henry), Sloan, Waddell— 12. NAYS. Messrs. President, Altman, Ashcraft, Banks, Barefield, Beavers, Beddow, Bethune, Blackwell, Brooks, Browne, Burns, Cardon, Carmichael (Colbert), Carmichael (Coffee), Carnathon, Case, Chapman, Cobb, Coleman (Greene), Coleman (Walker), Cunningham, Davis (DeKalb), Davis (Etowah), Dent, deGraffenried, 1540 Journal of Alabama Duke, NeSmith, Eley, Norman, Eyster, Norwood, Ferguson, O'Neal (Lauderdale), Fletcher, O'Neill (Jefferson), Foster, Opp, Gilmore, O'Rear, Glover, Palmer, Graham ( Montgomery ) , Parker (Cullman), Graham (Talladega). Parker (Elmore), Grant, Pearce, Grayson, Pettus, Greer (Calhoun), Pillans, Greer (Perry), Keese, Haley, Rogers (Lowndes), Handley, Rogers (Sumter), Harrison, Samford, Heflin (Chambers), Sanders, Heflin (Randolph), Sanford, Henderson, Searcy, Hood, Sentell, Howell, Smith, Mac. A., Inge, Smith, Morgan M., Jackson, Sorrell, Jones (Bibb), Spears, Jones (Montgomery), Spragins, Jones (Wilcox), Stewart, Knight, Tayloe, Kyle, Thompson, Lom'?ix, Vaughan, Long (Walker), Walker, Lowe (Lawrence), Watts, Macdonald, Weakley, McMillan (Baldwin), White, McMillan (Wilcox), Whiteside, Martin, Williams (Barbour), Merrill, Williams (Marengo), Miller (Marengo), Williams (Elmore), INIiller (Wilcox), Wilson (Clarke), Moody, Winn— 107. Murphree, Constitutional Convention. 1541 On motion of Mr. White, Article V. was adopted. ARTICLE VI. JUDICIAL DEPARTMENT. Was read at lengtli as follows: ARTICLE VI. JUDICIAL DEPARTMENT. 139. The judicial powers of the State shall be vested in the Senate sitting as a court of impeachment, a Supreme Court, Circuit Courts, Chancery Courts, Courts of Probate, such courts of law and equity infer- ior to the Supreme Court, and to consist of not more than five members, as the Legislature from time to time may establish, and such persons as may be by law invested with powers of a judicial nature; but no court of general jurisdiction, at law or in equity, or both, shall hereafter be established in and for any one county having a population of less than 20,000, according to the next preceding Federal census, and propeity as- sessed for taxation at a less valuation than |3,500,000. 140. Except in cases otherwise directed in this Constitution, the Supreme Court shall have appellate jurisdiction only, which shall be coextensive with the State, under such restrictions and regulations, not re- pugnant to this Constitution, as may from time to time be prescribed by law, except where jurisdiction over ap- peals is vested in some inferior court, and made final therein; provided, that the Supreme Court shall have power to issue writs of injunction, habeas corpus, quo warranto, and such other remedial and original writs as may be necessary to give it a general superintendence and control of inferior jurisdictions. 141. The Supreme Court shall l)e held at the seat of government, but if that shall become dangerous from any cause, it may convene at or adjourn to another place. 1542 Journal of Alabama 142. Except as otherwise authorized in this arti- cle, the State shall be divided into convenient circuits. For each circuit there shall be chosen a judge, who shall, for one year next preceding his election and dur- ing his continuance in office, reside in the circuit for Avhich he is elected. 143. The Circuit Court shall have original juris- diction in all matters civil and criminal within the State not otherwise excepted in this Constitution; but in civil cases, other than suits for libel, slander, assault and battery, and ejectment, it shall have no original jurisdiction except where tlie matter or sum in contro- versy exceeds fifty dollars. 144. A Circuit Court, or a court having the juris- diction of the Circuit Court, shall be held in each county in the State at least twice in every year, and judges of the several courts mentioned in this section may hold court for each other when they deem it expedient, and shall do so when directed by law. The judges of the sev- eral courts mentioned in this section shall have power to issue writs of injunction, returnable to the Courts of Chancery, or courts having the jurisdiction of Courts of Chancery. 145. The Legislature shall have power to establish a Court or Courts of Chancery, with original and appellate jurisdiction, except as otherwise author- ized in this article. The State shall be divided by the Legislature into convenient Chancery divisions; each division shall be divided into districts, and for each division there shall be a chancellor, who shall have re- sided in the division for which he shall beelected or ap- pointed, for one year next preceding his election or ap- pointment, and shall reside therein during his continu- ance in office. 146. A Chancery Court, or a court having the juris- dir-tion of the Chancery Court, shall be held in eaih dis- trict, at a place to be fixed by law, at least twice in each year, and the chancellors may hold court for each other when thev deem it necessary, and shall do so when di- rected bv law. Constitutional Convention. 1543 147. Any coiiut;y having- a population of 20,000 or more, according to the next preceding Federal census, and also taxable property of |3,500,000 or more in value, according to the next preceding assessment of property for State and county taxation, need not be included in any circuit or chancery division; but if the value of its taxable property shall be reduced below that limit, or if its population shall be reduced below that number, the Legislature shall include such county in a circuit and chancery division or either, embracing more than one county. No Circuit or Chancery division shall contain less than three counties, unless there be em- braced therein a county having a population of 20,000 or more, and taxable property of |3, 500,000 or more in value. 148. The Legislature may confer upon the Circuit or Chancery Court the jurisdiction of both of said we (Lawrence), Cofer, McMillan (Baldwin), Cunningham, McMillan (Wilcox), Davis (DeKalb), Merrill, Davis (Etowah), Miller (Marengo), Dent, Miller (Wilcox), 1550 Journal of Alabama Murpliree, Oates, Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Porter, Keese, Reynolds (Henry), Rogers (Sumter), Samford, Sanders, Sellieimer, Sentell, Smith, Mac. A., Spragins, Stewart, Walker, Watts, Weakley, White, " Williams (Barbour), Winn— 60. NAYS. Messrs. President, Barefleld, Browne, Burns, Carmichael (Colbert), Cobb, Coleman (Greene), Coleman (Walker), deGraffenried, Duke, Eley, Ferguson^ Foster, Glover, Graham (Montgomery), Grant, Grayson, Greer (Calhoun), Greer (Perry), Haley, ITnndley, Harrison, Iloflin (Chambers), Heflin (Randolph), llowze, Inge, Jones (Montgomery), Knight, Lomax, Maedonald, Martin, O'Neal (Lauderdale), O'Neill (Jefeerson), Opp, O'Rear, Parker (Cullman), Rogers ( Lowndes) , Sanford, Searcy, Sorrell, Spears, Thompson, Weatherly, Whiteside, Williams (Marengo), Wilson (Clarke)— 46. Constitutional Convention. 1551 reconsideration. Mr. Reese gave notice that on to-morrow he would move to reconsider the vote by which the amendment of Mr. Knox was lost. adjournment. Pending the further consideration of the report of the Committee on Order, Consistency and Harmony of the Whole Constitution, the hour of 7 o'clock p. m. ar- rived, under the rules, the Convention adjourned until to-morrow morning at 9 o'clock. SEVENTY-NINTH DAY. Convention Hall. Montgomery, Ala., Friday, August 30, 1901. The Convention met pursuant to adjournment. Prayer was offered by Rev. Mr. Marshal of the city. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : Messrs. President, Burnett, Almon, Burns, Altman, Byars, Ashcraft, Carmichael (Colbert), Banks, Carnathon, Barefield, Case, Bartlett, Chapman, Beddow, Cobb, Blackwell, Coleman (Greene), Boone, Coleman (Walker), Brooks, Craig, Browne, Cunningham, 1552 Journal of ALABA^:A Davis (DeKalb), Davis (Etowah), Dent, cleGraffenried, Duke, Eyster, Fergu.-^;( n, Fitts, Fletelier, Fosliee, Foster, Gilmore, Glover, Graham ( Montgomery ) , Graham (Talladega), Grayson, Greer (Calhoun), Haley, llandley, Harrison, Heflin (Chambers), Heflin (Kandolph), Hend2rson, Hodges, Hood, Howell, Howze, Inge, Jackson, Jones, (Bibb), Jones (Hale), Jones (Wilcox), Knight, Kyle, Lomax, Long (Butler), Long (Walker), Lowe (Jefferson), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, Merrill, Miller (Marengo), Miller (AVilcox), Moody, Murphree, Norman, Gates, O'Neal (Lauderdale), (y'Xeill (Jefferson), Opp, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Porter, Proctor, Keese, Rogers (Sumter), Samford, Saudcrs, Sauford, Searcy, Selheimer, Sentell, Smith (Mobile), Smith, Mac. A., Smith, Morgan M., Sorrell, Spears, Spragins, SteAvart, Tayloe, Vaughan, Waddell, Walker, Watts, Constitutional Convention. 1553 Weakley, Williams (Marengo), Weatherly. Williams (Elmore), Wliite, "' Wilson (Clarke) Whiteside, Wilson (Washington) — 115 Williams (Barbour), REPORT of committee ON THE JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in : The Committee on the Journal beg leave to report that they have examined the Journal for the seventy-seventh and seventy-eighth days of the Con- vention, and that the same are correct. Respectfully submitted, John F. Proctor^ Chairman. LEAVE of ABSENCE. Was granted to Messrs. Bulger and Thompson for to- day; Tayloe, Williams of Elmore, Brown, Vaughan, Fitts, Burnett, Parker of Elmore for to-day. resolutions on first READING. The following resolution was introduced, read one time at length, and referred to an appropriate commit- tee as follows : Resolution 325, by Mr. Sanders: Resolved, That all officers elected by the people in the respective counties of this State, whose term of office is for four years, and expires in the year 1904, are here- by continued in office until their successors shall have been elected at the general election in 1906. The resolution was referred to the Committee on Order, Consistency and Harmony of the Whole Consti- tution. Resolution 326, by Mr. Lomax: Resolved, That the pages of this Convention be al- lowed and paid mileage at the same rate as was paid members of the Convention, to so reimburse them for their expenses in going to and from their homes during the recent recess of this Convention. '98 1554 Journal of Alabama The resolution was referred to the Committee on Exiles. Resolution 327, by Mr. Pettus: Be it resolved, That this Convention stand adjourned sine die at 12 o'clock midnight, Tuesdav, September 3, 1901, A. I). The resolution was referred to the Committee on Rules. Resolution 328, by Mr. Eyster: Whereas, Tlie meml>ers of the Committee on Har- mou}' completed their labors before the reassembling of this Convention, and returned to their respective homes, and Whereas, It would be unjust and inequitable for them not to receive their mileage as other members ; Therefore, be it resolved, That the members of the Committee on Order, Consistency and Harmony be al- lowed their mileage the same as the other members of this Convention. The resolution was referred to the Committee on Rules. Resolution 329, by Mr. Fitts : Resolved, That when this Convention adjourn on Saturday, August 31st, that it be to reassemble at noon on Tuesday, September 3, at which time the final draft of the Constitution shall be signed by the delegates. The resolution was referred to the Committee on Rules. Resolution 330, by Mr. Reese: Resolved, First, that all leaves of absence of mem- bers of this Convention be and the same are hereby re- voked, to take effect on Monday, the 2d day of Septem- ber, 1901, at 12 o'clock meridian ,and that no further leave of absence be granted beyond said time. Second, That the Secretary of this Convention is in- Ktructed to notify absent members to return at said time. The resolution was referred to the Committee on Rules. Constitutional Convention. 1555 OllDINANCES ON FIRST READING. The followinj^ ordiuaiK'Gvs were iiitroduceil, severally read one time at length, and i-eferied to apitropriate committees as follows: Ordinance 460, by Mr. White : An ordinance to empower and authorize the Legis- lature to amend or repeal all ordinances adopted by Iho Gcmention not contained in the proposed Constitutioo. Be it ordained by the people of Alabama, in Conven- tion assembled, that the Legislature be and the same is authorized and empowered to revise, alter, amend or repeal all ordinances or parts of ordinances adopted by this Convention not incorporated in the proposed Con- stitution of the State by act passed and approved by the Grovernor, as in other cases; provided, that the Legis- lature shall have no power or authority to repeal an ordinance relating to the bonded indebtedness of the State, adopted by the Convention on the 10th day of August, 1901; provided, further, that the Legislature shall have no power to repeal or amend ordinances es- tablishing court houses, except in accordance with Sec- tion 41 of Article II of this Constitution. The ordinance was referred to the Committee on Judiciary. Ordinance 461, by Mr. Ashcraft: An ordinance to provide for the qualification and registration of electors, who shall participate in the municipal election to be held in the city of Florence on the first Tuesday in December, 1901. Be it ordained by the people of Alabama in Conven- tion assembled, That no person shall be entitled to vote in the election for municipal officers to be held in the city of Florence on the first Tuesday in December, 1901, who does not possess the qualifications required of electors by Section 180 of the Constitution framed by this Convention, and the Mayor and Aldermen of said city are authorized and directed to appoint three regis- trars in said city who shall register, for the purpose of said election, the electors in said city in the manner as nearly as may be provided for registration by Section 1556 Journal of Alabama 186 of said Constitution; said registration shall begin on the ISth day of November 1901, and shall continue for two weeks. The ordinance was referred to the Committee on Suffrage and Elections. Ordinance 462, by Mr. Gates: Whereas, a respectable number of the delegates to this Convention are opposed, on principle, to subdivi- sion 2 of Section 180 of Article VIII of this Constitu- tion, which subdivision is known as the "Grandfather" clause ; Therefore be it resolved by the people of Alabama in Convention assembled, that at the same times and places at which an election is held for the ratification or re- jection of the Constitution framed by this Convention, a separate poll be taken of the qualified electors voting at said election upon said "Grandfather" clause as fol- lows, to-wit : On each ticket to be used in said election there shall be written or printed these words, to-wit: For subdivision 2 of Section 180, Article VIII. Against subdivision 2 of Section 180, of Article VIII, and in the margin the voter shall make or cause to be made opposite to these words an "X" as he may favor or oppose the ratification or rejection of the said sub- division and the election in all respects shall be con- ducted and returns made by the election officers, the same as the election for the ratification or rejection of the Whole Constitution, and if a majority of those voting at said election vote for the ratification of the said subdivision 2 of Section 180 of Article VIII, it shall be a part of the Constitution, and so declared by the Governor in his proclamation declaring the result of said election, as provided in section of the enabling act; but if a majority of those voting at said election vote against the ratification of said subdivision 2 of Section 180 of Article VIII, then the «aid subdivision shall not be a part of said Constitution, and the same shall be so announced and declared by the Governor in his aforesaid proclamation. The ordinance was referred to the Committee on Rules. CONSTITUTIONxVL CONVENTION. 1557 RECONSIDERATION. Mr. Cobb moved to reconsider the vote by wliich the Article on Declaration of Rights was adopted on yester- day. On motion of Mr. Boone the motion of Mr. Cobb was laid upon the table. Mr. Wilson of Clarke offered the following amend- ment to Article VI : Amend Section 150 by inserting in line 14 after the words "official terms" the following: "And the Cir- cuit Judges and Chancellors shall be paid mileage not exceeding the amount actually paid by them for rail- road fare in traveling to and from the terms of their courts." On motion of Mr. White the amendment offered by Mr. Wilson of Clarke was laid upon the table. Mr. JMiller of Wilcox offered the following amend- ment to Article VI : On page 43 in line 2, after the words "fees," insert "and their jurisdiction" in Section 168 of the Judiciary Article. On motion of Mr. Pillaus the amendment offered by Mr. Miller of Wilcox was laid upon the table. Mr. Oates offered the folloAving amendment to Arti- cle VI : Amend Section 155 by adding thereto the following proviso: "Provided that the abolition of anv court by the Legislature shall not entitle the Judge of said court thereafter to draw his salary." On motion of Mr. Smith of Mobile the amendment offered by Mr. Oates was laid upon the table. Mr. Oates offered the following amendment to Arti- cle VI : Amend Section 162 by adding thereto the following words: "Nor engage in active partisan politics." On motion of Mr. Walker the amendment offered by Mr. Oates was laid upon the table. Mr. Oates offered the following amendment to Arti- cle VI : • ' 1558 Journal of Alabama Amend Section 165 by striking out of lines 23 and 24 the following words : ''And may Miien appointed by the Chancellor also fill the office of Register in Chancery." On motion of Mr. Cobb the amendment offered by Mr. Oates was laid upon the table. Mr. O'Neal of Lauderdale offered the following amendment to Article VI : Amend Section 168, page 43, by adding the follomng : ^'The Legislature may increase the jurisdiction of the inferior courts provided for in this section in all civil cases to an amount not exceeding |500." On motion of Mr. Watts the amendment was laid upon the table. On motion of Mr. White Article YI was adopted. ARTICLE VII. IMPEACHMENTS. Was read at lengtli as follows: ARTICLE VII., IMPEACHMENTS. 173. The (T()vein((r, Lieutenant (lovernor, Attorney Oeneral, State Auditor Secretary of State, State Treas- urer, Superintendent of Education, Commissioner of Agriculture and Industries and Justices of the Supreme Court may l>e removed from office for wilful neglect of duty, corruption in office, in'competency, or intemper- ance in the use of intoxicating liquors or narcotics to such an extent, in view of tl»e dignity of the office and importance of its duties, as unfits the officer for the dis- charge of such duties, or for any offense involving the moral turpitude while in office, or committed under color thereof, or connected therewith, by the Senate sit- ting as a court of impeachment, under oath or affirma- tion, on articles or clun-ges preferred by tl»e Ho:t -e I'f Representatives. Constitutional Convention. 1559 174. The Chaucellors, Jiidj^es of the Circuit Court, Judges of the Probate Courts, Sheriffs, Solicitors, and Judges of other Courts from which au appeal uuiy be taken directly to the Supreme Court, nuiy be removed from office for any of the causes specified in the preced- ing- section or elsewhere in this Constitution, by the Sui)reme Court, under such regulations as may be pre- scribed l)y law. The Legislature may provide for the impeachment or removal of other officers than those uauu^d in this article. 175. Tlie Clerks of the Circuit Courts or courts of like jurisdiction, of Criminal Courts, Tax Collectors, Tax Assessors, County Treasurers, County Superintendents of Education, Coroners, Justices of the Peace, Judges of inferior courts created under authority of Section 168 of this Coustituti(m, Notaries Public, Constables, and all other county officers, Mayors, intendants and all other officers of incorporated cities and towns in this State, may be removed from office for any of the causes specified in Section 173 of this Constitution, by the Cir- cuit or other courts of like jurisdiction, or a Criminal Court of the county in which such officers hold their office, under such regulations as may be prescribed by law ; i)rovided, that tlie right of trial by jury and appeal in such cases shall be secured. 170. The penalties in cases arising under the three preceding sections shall not extend beyond removal from office, and disqualifications from holding office, under the autliority of tliis State, for the term of Avliich the officer was elected or appointed ; but the ac- cused shall be liable to indictment and punishment as prescribed by law. Mr. Jones of Montgomery offered the following amendment to Article VII : Amend Section 173 by adding at the end thereof the following words, to-wit: If, at any time, when the Legislature is not in session, a majority of all the members elected to the House of Representatives shall certify in writing to the Secre- tarv of State their desire to meet to consider the im- 1560 Journal op Alabama peachment of the Grovernor, Lieutenant Governor or other officer administering the office of Governor, it shall be the duty of the Secretary of State to imme- diately notify the Speaker of the House, who shall, within ten days after receipt of such notice, notify the members of the House, by publication in some news- paj)er published at the Capital, to assemble at the Capi- tol on a day to be fixed by the Speaker, not later than 15 days after the receipt of the notice from the Secre- tary of State, to consider the impeachment of the Gov- ernor, Lieutenant Governor or other officer administer- ing the office of Governor. If the House of Representa- tives prefer articles of impeachment, the Speaker of the House shall immediately notify the Lieutenant Gov- ernor, unless he be impeached, and in that event the officer next in succession to him, who shall, in like man- ner notify the members of the Senate to assemljle at the Capitol on a day to be fixed in said notice, not later than ten days after receipt of the notice from the Speaker, for the purpose of organizing the Senate as a Court of Impeachment; and the Senate when thus organized shall hear and try such articles of impeachment against the Governor, Lieutenant Governor or other officer exer- cising the powers of the office as may be presented by the House of Representatives. Mr. Hood moved to table the amendment offered by Mr. Jones of Montgomery. The motion was lost : Yeas, 3 ; nays, 119. YEAS. Messrs. Altman, Merrill — 3. Carnathon, NAYS. Messrs. President, Reddow, Ashcraft, Bethune, Ranks. BlackwelU Rarefield, Boone, Bartlett, Brooks, Constitutional Convention. 156J Burnett, Bariis, Byars, Cardon, Case, Chapman, Cobb, Cofer, Coleman (Greene), Coleman ( Walker ) , Craig, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, cleGraffenried, Duke, Eley, Eyster, Ferguson, Fitts, Fletcher, Foshee, Foster, Freeman, Glover, Graham (Montgomery), Graham ( Talladega ) , Grant, Grayson, Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph),' Henderson, Hodges, Hood, Howze, Inge, Jackson, Jones, (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), Knight, Kyle, Ledbetter, Lomax, Long (Walker), Lowe (Lawrence), Macdonald, McMillan (Baldwin),. McMillan (Wilcox), Malone, Martin, Miller (Marengo), Moody, Mulkey, Murphree, NeSmith, Norman, Norwood, Gates, O'Neal (Lauderdale),. O'Neill (Jefferson), Opp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Poarce, Pet tus. Phillips, Pillans, Porter, Proctor, Keese, Reynolds (Chilton),. Rogers (Lowndes), Rogers (Sumter)^ 1462 Journal of Alabama Sanders, V'aughan, Sariford^ ^Vaddell, Searcy, Walker, Sentell, Watts, Sloan, Weakley, Smith (Mobile), W^eatherly, Smith, Mac. A., White, SDiith, Morgan M. Whiteside, Sorrell, Williams (Barbour), Spears, AVilliams (Marengo), Spragins, Williams (Elmore), Stewart, Wilson (Clarke), Tayloe, Winn— 119. The question recurred upon the adoption of the amendment. The amendment was adopted, Mr. Jones of Montgomery offered the following amendment to Article VII : Amend Section 173 by adding at the end thereof the following words: "When the Governor or Lieutenant Governor is impeached the Chief Justice, or in his ab- sence or disability, some one of the Justices of the Sup- reme Court to be selected by it, shall preside over the Senate when sitting as a Court of Impeachment." The amendment was adopted. ' On motion of Mr. White Article VII was, as amended, adopted. Mr. deGraffenried moved that the rules be suspended in order that Article VII might be referred to the Com- mittee on Order, Consistency and Harmony of the Whole Constitution. The motion prevailed, and the Article VII was re- ferred to the Committee on Order, Consistency and Har- monv of the Whole Constitution. Constitutional Convention. 1563 ARTICLE VIII. SUFFRAGE AND ELECTIONS. Was read at leng-th as follows : ARTICLE VIII. SUFFRAGE AND ELECTIONS. 177. Every male citizen of this 8tate who is a citizen of the United States, and every male resident of forei_i;u birth, wlio, before tiie ratification of this Consti- tution, shall have legally declared his intentions to be €ome a citizen of the United States, 21 years old or up- wards, not laboring under any of the disabilities named in this article, and possessing the qualifications re- quired by it, shall be an elector, and shall be entitled to vote at any election b}- the people; provided, that all foreigners who have legally declared their intention to become citizens of the United States shall, if they fail to become citizens thereof at the time they are entitled to become such, cease to have the right to vote until they become such citizens. 178. To entitle a person to vote at any election by the people, he shall have resided in the State at least two 3'ears, in the county one year, and in the precinct or ward three months, immediately preceding the elec- tion at which he offers to vote, aud he shall have been dulv registered as an elector, and shall have paid on or before the first day of Februar}^ next preceding the date of the election at which he offers to vote, all poll taxes due from him for the year 1901, and for each subsequent year; provided, that any elector who, within three months next preceding the date of the election at which lie offers to vote, has removed from one precinct or ward to another precinct or ward in the same county, incorporated town or city, shall have the right to vote in the precinct or ward from which he has so removed, if he would have been entitled to vote in such precinct or ward but for such removal. 1564 Journal of Alabama 179. All elections by the people shall be by bal- lot, and all elections by persons in a representative capacity shall be viva voce. 180. The following male citizens of this State, who are citizens of the United States, and every male resi- dent of foreign birth, who, before the ratification of this Constitution, shall have legally declared his intentions to become a citizen of the United States, except those who shall not have had an opportunity to perfect his citizenship prior to the twentieth day of December, 1902, 21 years old or upwards, who, if their place of residence shall remain unchanged, will have, at the date of the next general election the qualifications as to residence prescribed in Section 178 of this Constitution, and who are not disqualified under Section 182 of this Constitu- tion, shall, upon application, be entitled to register as electors prior to the twentieth day of December, 1902, namely : First — All who have honorably served in the land or naval forces of the United States in the war of 1812, or in the war with Mexico, or in any war with the Indians, or in the war between the States, or in the war with Spain, or Avho honorably served in the land or naval forces of the Confederate States, or of the State of Alabama in the war between the States ; or Second — The lawful descendants of persons who hon- orably served in the land or naval forces of the United States in the war of the American Revolution, or in the war of 1812, or in the war with Mexico, or in any war with the Indians, or in the War between the States,. or in the land or naval forces of the Confederate States, or of the State of Alabama in the war between the States; or Third — All persons who are of good character and who understand the duties and obligations of citizen- ship under a republican form of government. 181. After the first day of January, 1903, the fol- fowing persons, and no others, who, if their plnce of residence shall remain unchanged, will have, at the date of the next general election, the qualifications as to residence prescribed in Section 178 of this article,. CONSTITUTIOXAL CONVENTION. 1565 shall be qualified to register as electors; provided, they shall uot be disqualified uuder Sectiou 182 of this arti- cle : I^irst — Those who eau read aud write auy arti- cle of the Constitutiou of the United States in the English language, and who, being physically able to work, have worked or been regularly engaged in some lawful employment, business register; provided, that inability to read and write shall uot disqualify any elector, if sucli disability is due to physical infirmity; or, Second — The owner in good faith in his own right or the husband of a woman who is the owner in good faith in her own right, of forty acres of land situated in this State, upon which they reside; or the owner in good faith in his own right, or the husband of any woman who is the owner in good faith in her own right, of real estate situate in this State assessed for taxation at the yalue of |300 or more, or the owner in good faith, in his own right, or the husband of a woman who is the owner in good faith, in her own right, of personal prop- erty in this State assessed for taxation at |300 or iliore; provided, that the taxes due upon such real or personal propert}'' for the year next preceding the year in which he offers to register, shall have been paid, unless the as- sessment shall have been legally contested and is unde- termined. 182. The following persons shall be disqualified, bath from registering and from voting, namely : All idiots and insane persons; those who shall, by reason of conviction of crime, be disqualified from vot- ing at the time of the ratification of this Constitution; those who shall be convicted of treason, murder, arson, embezzlement, malfeasance in office, larceny, re- ceiving stolen property, obtaining property or money under false pretenses, perjury, subornation of perjury, robbery, assault with intent to rob, burglary, forgery, bribery, assault and battery on the wife, bigamy, living in adultery, sodomy, incest, rape, miscegenation, crime against nature, or any crime punishable by imprison- ment in the penitentiary, or of any infamous crime or 1566 Journal of Alabama crime involving moral turpitude; also, any person who shall be convicted as a vagrant or tramp, or of selling or offering to sell his vote or the vote of another, or buy- ing or offering to buy the vote of another, or of making or ottering to make a false return in any election by the people or in any primary election to procure the nomination or election of any person to any office, or of suborning any witness or registrar to secure the registration of any person as an elector. 183. No person shall be qualified to vote or parti- cipate in any primary election, party convention, mass meeting, or other method of party action of any politi- cal party or faction, who shall not possess the qualifica- tions jH'escribed in this article for an elector, or who shall be disqualified from voting under the provisions of this article. 184. No person, not registered and qualified as an elector under the provisions of this article shall vote at the general election in 1902, or at' any subsequent State, county or municipal election, general, local or special ; but the provisions of this article shall not apply to auv election held prior to the general election in the year i902. 185. Any elector whose right to vote shall be challenged for any legal cause before an election officer slrall be required to swear or affirm that the matter of the challenge is untrue befoi'e his vote shall be received, and any one who wilfully swears or affirms falsely there- to shall l)e guilty of perjury, and upon conviction there- of shall be imi)risoned in the penitentiary for not less than on(^ nor more than five years. 186. The Legislature shall provide by law for the registration, after tlie first day of January, 1903, of all qualified electors. Until the first day of Janu- ary, 1903, all electors shall be registered under and in accordance witli the requirements of this Section as follows: First — Registration shall be conducted in each county bv a board of three reputable and suitable persons resi- dent in the county, who shall not hold any elective of- fice during their term, to be appointed within sixty COXSTITUTIOXAL CONVENTION. H67 days after the ratification of this Constitution by tlie Governor, Auditor and Commissioner of Agriculture and Industries, or a majority of them, acting as a Board of Appointment. If one or more of the persons ap- pointed on such Board of Registration shall refuse, neg- lect or be unable to qualify or serve, or if a vacancy or vacancies occur in the membership of the Board of Reg- istrars from an}^ cause, the Governor, Auditor and Com- missioner of Agriculture and Industries or a majority of them acting as a Board of Appointment, sliall make other appointments to fill such Board. Each registrar shall receive |2 per day, to be paid by the ^tate, and disbursed by the several Judges of Probate, for each en- tire day's attendance upon the sessions of the Board. Before entering upon the performance of the duties of his office, each registrar shall take the same oath re- quired of the judicial officers of the State, which oath may be administered by any person authorized by law to administer oaths. The oath shall be in writing and subscribed by the registrar and filed in the office of the Judge of Probate of the county. Second — Prior to the first day of August, 1902, the Board of Registrars in each county shall visit each pre- cinct at least once and oftener if necessary to make a complete registration of all persons entitlecl to register, and shall remain there at least one day from S o'clock in the morning until sunset. Thej shall give at least twenty days' notice of the time when, and the place in the pre- cinct where they will attend to register applicants for registration, by bills posted at five or more public places in each election precinct, and by advertisement once a week for three successive weeks in a newspaper, if there be on(^ published in the county. Upon failure to give such notice, or to attend any appointment made by them in any precinct, they shall, after like notice, fill new appointments therein; but the time consumed by the board in completing such registration shall not exceed sixty working days in any county, except that in counties of more than 900 square miles in area such board may consume seventy-five working days in com- pleting the registration and except that in counties in 1568 JouuxAL OF Alabama wliioli there is any city of 8,000 or more inhabitants, the board may remain in session, in addition to tlie time hereinbefore prescribed, for not more than three suc- eessive weeks in each of such cities; and thereafter the board mnj sit from time to time in each of snch cities not more than one week in each month, and except that in the county of Jefferson the board may hold an additional session of not exceeding' five consecntive days duration for each session, in each town or city of more than 1,000 and less than 8,000 inhabitants. No person shall be registered except at the county site or in the precinct in which he resides. The registrars shall issue to each person registered a certificate of registration. Third — The board of registrars shall not register any person between the 1st day of August, 1902, and the Fri- day next preceding the day of election in November, 1902. On Friday and Saturday next preceding the day of election in November, 1902, they shall sit in the court house of each county during such days, and shall regis- ter all applicants having the qualifications prescribed by Sec. 180 of this Constitution, aud not disqualified under Sec. 182 who shall have reached the age of twenty- one years after the first day of August, 1902, or who shall prove to the reasonable satisfaction of the board that, by reason of physical disability or unavoidable absence from the county, they had no opportunity to register prior to the first day of August, 1902, and they shall not on such days register any other persons. When there are two or more court houses in a county, the regis- trars may sit during such two days at the court house they may select, but shall give ten days' notice, by bills posted at each of the court houses, designating the court house at which they will sit. Fourth — The Board of Registrars shall hold sessions at the court house of their respective counties during the entire third week in November, 1902, and for six working days next prior to the twentieth day of Decem- ber, 1902, during which sessions they shall register all persons applying who possess the qualifications pre- scribed in Section 180, and who shall not be disquali- fied under Section 182 of this article. In counties Constitutional Convention. " 1569 where there are two or more court houses, the Board of Eegistrars shall divide the time equall}^ between them. The Board of Registrars shall give notice of the time and place of such sessions by posting notices at each court house in their respective counties, and at each voting place and at three other public places in the county, and b}^ publication once a week for two consecutive weeks in a newspaper, if one be pub- lished in the county; sucli notices to be posted and such publications to be commenced as early as practi- cable in the first week of November, 1902. Failure on . the part of the registrars to conform to the provisions of this article as to the giving of the required notices to be given shall not invalidate any registration made by them. Fifth — The Board of Registrars shall have power to examine under oath or affirmation all applicants for registration, and to take testimony touching the quali- fications of such applicants ; each member of such board is authorized to administer the oath to be taken by the applicants and witnesses, which shall be in the follow- ing form, and subscribed by the person making it, and preserved by the board, namely : "I solemnly swear (or affirm) that in the matter of the application of for registration as an elector, I will speak the truth, the Avhole truth, and nothing but the truth, so help me God." Any person who upon such examination umkes any wilfully false statement in reference to any material matter touching the qualification of any applicant for registration shall be guilty of perjury, and upon convict- ion thereof shall be imprisoned in the penitentiary for not less than one year nor more than five years. Sixth — The action of the majority of the Board of Registrars shall be the action of the board, and a ma- jority of the board shall constitute a quorum for the transaction of all business. Any person to whom regis- tration is denied shall have the right of appeal, without giving security for costs, within thirty days after such denial, by filing a petition in the Circuit Court or Court of like jurisdiction held for the county 99 1570 Journal of Alabama in which he seeks to register, to have his qnalilications as au elector determiued. Upon the filing of the petition the clerk of the court shall give notice there- of to an}^ Solicitor authorized to represent the State in said county, whose duty it shall be to appear and defend against the petition on behalf of the State. Upon such trial, the court shall charge the jury only as to what constituted the qualifications that entitled the ap- plicant to become an elector at the time he applied for registration, and the jury shall determine the weight and effect of the evidence and return a verdict From the judgment rendered an appeal will lie to the Supreme Court in favor of the petitioner, to be taken within thirty days. Final judgment in favor of the petitioner shall entitle him to registration as of the date of his ap- plication to the registrars. Seventh — The Secretary of State shall, at the expense of the State, have prepared and shall furnish to the registrars and Judges of Probate of the several counties a sufficient number of registration books and of bl-ink forms of oaths, certificates of registration and notices recpiired to be given by the registrars. The cost of the pul)licati(ui in newspapers of the notices required to be aiven by the registrars shall be paid by the v^tate, the bills therefor to be rendered to the Secretary of State and appw)ved by him. Eighth- — Any person who registers for another, or who registers more than once, and any registrar who enters the name of any person on the list of registered voters, without such person having made application in person under oath on a form i)r()vi(le(l for that purpose, or who knowingly registers any person more than once, or who knowingly enters a name upon the registration list as the name of a voter, without any one of that name applying to register, shall be guilty of a felony, and upon conviction thereof shall hi^ iui]n'isoned in the penitentiary for not less than one nor uiore than five years. 187. The Board of Registrars in each county shall, on or before the 1st day of February, 1908, or as soon there- after as is practicable, file in the office of the Judge of Constitutional Convention. 1571 Probate of their county, a complete list swoii) to hy tlieiu of all persons registered in their county, showing the age of such persons so registered, with the precinct or ward in which each of such persons reside set opposite the name of such persons and shall also tile a like list in the office of the Secretar}' of State. The Judge of Probate shall, on or before the first day of INiarch, 1003, or as soon thereafter as is practicable, cause to be made from such list in duplicate in the books furnished by the Secre- tary of State, an alphabetical list by precincts of the persons shown by the list of the registrars to have been registered in the county, and shall file one of such alpha- betical lists in the office of Secretary of State ; for which services by the Judge of Probate cj)mpensation shall be provided by the Legislature. The Judges of Pro- bate shall keep both the original list filed by the regis- trars and the alphabetical list made therefrom as rec- ords in the office of the Judge of Prol>ate of the county Unless he shall become disqualified under the provis- ions of this article, any one Avho shall register prior to the first day oi January, 1903, shall renuiin an elector during life, and shall not be required to register again unless he changes his residence, in which event he may register again on production of his certificate. The cer- tificate of the registrars or of the Judge of Probate or of the Secretary of State shall be sufficient evidence to es- tablish the fact of such life registration. Such certifi- cate shall be issued free of charge to the elector, and the Legislature shall provide by law for the renewal of suck certificate when lost, mutilated or destroyed. 188. From and after the first day of January, 1903, any applicant for registration may be required to state under oath, to be administered by a registrar or by any person authorized by law to administer oaths, where he lived during the five years next preceding the time at which he applies to register, and tlie name or names by which he was known during that period, and the names of his employer or employers, if any, during such period. Any applicant for registration who re- fuses to state such facts, or any of them, shall not be entitled to register, and any person so offering to regis- 1572 JouiiNAL OF Alabama ter who wilfully makes a false statement in regard to such matters or any of them, shall be guilty of perjury, and upon conviction thereof shall be imprisoned in the penitentiary for not less than one nor more than five years. 189. In the trial of any contested election, and in proceedings to investigate any election, no person other than a defendant shall be allowed to withhold his testi- mony on the ground that he may criminate liimself or subject himself to public infamy; but such person shall not be prosecuted for any offense arising out of the transaction concerning which he testified, but may be prosecuted for perjury committed on such examina- tion. 190. The Legislature shall pass laws not inconsistent with this Constitution to regulate and gov- ern elections, and all such laws shall be uniform throughout the State; and shall provide by law for the manner of holding elections and of ascertaining the re- sult of the same, and shall provide general registration laws not inconsistent with the provisions of this article, for the registration of all qualified electors from and after the first day of January, 1903. The Leg- islature shall make provision by law, not incon- sistent with this article, for the regulation of primary elections, and for punishing frauds at the same, but shall not make primary elections compulsory. The Legislature shall b}^ law provide for purging the registration list of the names of those Avho die, become in- sane or convicted of crime or otherwise disqualified as electors under the provisions of this Constitution, and of any names which may have been fraudulently entered on such list by the Registrars; provided, that a trial by jury may be had on the demand of any person whose name is proposed to be stricken from the list. 191. It shall be the duty of the Legislature to pass adequate laws giving protection against the evils arising from the use of intoxicating liquors at all elections. 192. Electors shall in all cases, except treason, felony or breach of the peace, be privileged from arrest Constitutional Convention. 1573 during their attendance at elections, or while going to or returning therefrom. 193. Keturus of elections for members of the Legislat- ure and for all civil officers who are to be commissioned by the Grovernor, except the Attorney General, State Auditor, Secretary of State, State Treasurer, Superiu- tendent of Education, and Commissioner of Agriculture and Industries, shall be made to the Secretary of State. 194. The poll tax mentioned in this article shall be |1.50 upon each male inhabitant of the State, over the age of twenty-one years, and under the age of forty- five years, who would not now be exempt by law ; but the Legislature is authorized to increase the maxi- mum age fixed in this section to not more than sixty years. Such poll tax shall become due and payable on the first day of October in each year, and become delin- quent on the first day of the next succeeding February, but no legal process, nor any fee or commission shall be allowed for the collection thereof. The Tax Collector shall nuike returns of poll tax collections separate from other collections. 195. Any person who shall pay the poll tax of an- other, or advance him money f(n- that purpose in order to influence his vote, shall be guilty of bribery, and upon, conviction thereof shall be imprisoned in the peniten- tiary for not less than one nor more than five 3"ears. 196. If any section or subdivision of this article shall, for any reason be or be held by any court of com- petent jurisdiction, and of final resort, to be invalid, in- operative or void, the residue of this article shall not be thereby invalidated or affected. Mr. Freeman offered the following amendment to Article VIII : An amendment to the Article on Suffrage and Elec- tions: By adding thereto the following: That at the election provided herein for the ratifica- tion or rejection of this Constitution, tliat none but legal white voters shall be eligible to vote; that in all other respects the existing election laws of this State shall L^overn in conducting said election; that all law« and Constitutional provisions, and parts of the same. 1574 Journal op Alabama in conflict herewith, be and the same are hereby repealed and held to be null and void. On motion of Mr. deGraffenried the amendment was laid upon the table. Mr. Burns offered the following amendment to Arti- cle VIII : Amend Article VIII, Section 1S2, line 15, by insert- ing between the words ''persons" and '"those" all illegi- timates Avhose disabilities, as such have not been re- moved by tlie Governor or some Chancellor. On motion of Mr. Case the amendment was laid upon the table. Mr, Coleman of Greene offered the following amend- ment to Article VIII : Amend Section 180, pags 4G, by striking out the word "having" in line 23, and inserting in lieu thereof the ■words "shall not have," and by striking out the words ■"has not failed so to do," in line 2, on page IT. The amendment was adopted by unanimous consent. Mr. Coleman of Greene offered the following amend- ment to Article VIII: Amend first subdivision r)f Section 181, page 47, by striking out the words "being physically able to work" and inserting in lieu the words "and are physically un- able to work, and those who can read and write any arti- cle of the Constitution of the United States and," and by striking out all of said subdivision at the top of page 48 beginning ^^'ith the words "provided" and ending with the won] "infirmity." On motion of Mr. deGraffenried Section 181 and amendment were recommitted to the Committee on Suf- frage and Elections and tliat they be requested to re- port a su])stitute for Section 181 at this afternoon's ses- sion. The motion i)revailed. Mr. Iveynolds of Chilton oifered the following amend- ment to Artirh' VIII which was recommitted to the Committee on Suffrage and Elections: Amend subdivisicm, 2 Section 181, by adding at the ^'nd thereof the following, viz: "Provided, that the owner in good faith, in his own riglit, or the husband Constitutional Convention. 1575 of a woman wlio is the owner in lier own right, of $300 in value of real and personal property upon which the taxes have been paid, may also register and vote if he is otherwise qualified under this Constitution. RECESS. Pending the further consideration of the report of the Committee on Order, Consistency and Harmony of the Whole Constitution, the hour of 1 o'clock arrived, under the rules the Convention recessed until 3 :30 this afternoon. AFTERNOON SESSION. The Convention met pursuant to adjournment. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : Messrs. President, Altman, Ashcraft, Banks, Barelield, Bartlett, I leavers, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Burnett, Burns, Byars, Cardon, Carmichael (Colbert), Carnathon, Case, ( 'hapman, Cobb, Cofer, Coleman (Greene), Coleman ( Walker ) , Craig, C'unningham, Davis (DeKalb), Dent, deGraffenried, Duke, Eley, Eyster, ^'Vrcuson, Fitts. Fletcher, Foshee, Foster, 1576 Journal of Alabama Freeman, Gilmore, Glover, Graham ( Montgomery ) , Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Heflin ^Randolph), Henderson, Hodges, Hcod Howell, Howze, Inge, Jackson, Jones (Bibb), Jones (Hale), Jones (Wilcox), Knight, Kyle, Ledbetter, Lomax, Long (Walker), Lowe (Jefferson), Lowe (Lawrence), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Mai one, Martin, Merrill, Miller (Marengo), Miller (Wilcox^ Moody, Mnlkey, Murphree, NeSmith, Norman, Norwood, Gates, O'Neal ( Lauderdale) , O'Neill, (Jefferson), (,)pp, O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Pillans, Porter, Proctrjr, Reese, lieynolds (Chilton), Ivogeis (Sumter)^ Samford, Sanders, Sanford, Selheimer, Smith, Mac. A., Smith, Morgan M., Sorrell, Spears, Spragins, Stewart, Vaughan, Waddell, Walker, Watts, Weakley, Weatherly, White, Whiteside, Williams (Barbour), Will iams ( Marengo ) , Williams (Elmore), Wilsor (Clarke) Wilson (Washington), Winn— 121. Constitutional Convention. 1577 REPORT of the COMMITTEE ON ORDER^ CONSISTENCY AND HARMONY OF THE WHOLE CONSTITUTION. Mr. White, chairman of the Committee on Order, Consistency and Harmony of the Whole Constitution, submitted the following report: Mr. President: The Committee on Order, Consistency and Harmony of the Constitution, to which was referred resolution No. 326, by Mr. Sanders of Limestone, respectfully re- port the said resolution back with the recommendation that the same do not pass. Kespectfully submitted, Frank S. White^ Chairman. The resolution was read as follows : Resolution 326: Eesolved, That all oflflcers elected by the people in the respective counties of this State, whose terms of office is four years, and expires in the year 1904, are hereby continued in office until their successors shall have been elected at the general election in 1906. Mr. Samford moved that the consideration of the re- port be made a special order for 12 o'clock to-morrow. On motion of Mr. Greer of Calhoun the motion of Mr. Samford was laid upon the table. report of the committee on schedule^ printing AND incidental expenses. Mr. Heflin of Randolph, chairman of the Committee on Schedule, Printing and Incidental Expenses, re- ported favorably ordinance 459, which was laid upon the table, and 300 copies ordered printed. Ordinance 459 : To appropriate $143.75 for the pay- ment of C. B. Brown and the Alabama Printing Com- pany for services performed for the State of Alabama- for the use of the Constitutional Convention. 1578 Journal of Alabama repokt of committee ox suffrage and elections. Mr. Coleman of Green, chairman of the Committee on Suffrage and Elections, submitted the following re- port : Mr. President : The Committee on Suffrage and Elections directs me to report the following provision as a substitute for the first subdivision of Section 181. The}' further direct me to report the remainder of said section 181 without further modification or change. Thomas W. Coleman^ Chair man. Subdivision for the first subdivision of Section 181 : First, Those who can read and write any piirt of the Constitution of the United States in the English language, and who are physically unable to work, and those who can read and write any article of the Consti- tution of the United States in the English language and have worked or been regularly engaged in some lawful emploj^ment, business or occupation, trade or calling for the greater part of the twelve months next preceding the time they offer to register, and those who are un- able to read and write, if such inability is due solely to physical disability; or. The sul)stitute, as reported by the Committee on Suffrage and Elections for subdivision 1 of Section 181, Avas adopted. Mr. Harrison offered tlie following amenduu^nt to Section 181, subdivision 2 : Amendment to Section 181, subdivision 2, by adding in line 9 after the word "property" and before the words "in this State'- the words "or of real and personal prop- erty." Mr. deCratfenried moved to talde the auu^ndment of- fered by ^Ir. Harrison. The motion was hist: Yeas, 31; nays, 90. Constitutional Convention. 1579 Messrs. President, Altman, Barefield, Carnathon, Chapman, Cobb, Coleman (Greene), Coleman (Walker), (leGraffenried, Ferguson, Olover, Graham (^Montgomery), Greer (Perry), Hood, Jones (Wilcox), Kirk, YEAS. Knight, Macdonald, McMillan (Wilcox), Miller (Wilcox), Norwood, O'Neal (Lauderdale), Parker (Cullman), I i cose, Sanders. Smith, Mac. A., Sorrel 1, Stewart, Vaughan, Williams (Elmore), AMlson ( AVashington) — 31. nays. Messrs. Ash era ft. Banks, Bartlett, Beavers, Beddow, Bothune, Blackwell, Boone, Brooks, Burns, Byars, •Cardon, Carmichael (Colbert), Case, Cofer, Craig, Cunningham, Davis (beKalb), Dnvis (Etowah), Dent, Duke, Eley, Eyster, Fitts, Fletcher, Foshee, . Foster, Freeman, Graham (Talladega) Grant, Grayson, Greer (Calhoun), EI a ley, Handley, Harrison, Heflin (Chambers), IleHin (Randolph), Keiiderson, Hodges, Howell, riowze, Inge, Jackson, 1580 Journal of Alabama Jones (Bibb), Jones (Hale), Jones (Montgomery), Kyle, Ledbetter, Lomax, Lowe (Lawrence), McMillan (Baldwin), Malone, Martin, Merrill, Miller (Marengo), Moody, Mulkey, Murphree, Norman, Oates, O'Neill (Jefferson), Opp, O'Rear, Palmer, Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Porter, Proctor, Reynolds (Chilton), Rogers (Lowndes), Rogers (Sumter), Sam ford, Searcy, Selheimer, Sentell, Sloan, Spears, Spragins, Studdard, AA^addell, Walker, Watts, Weatherly, White, Whiteside, Wilson (Clarke), Winn— 90. The question recurred upon the adoption of the amendment offered by Mr. Harrison. The amendment was adopted. Mr. White offered the following amendment to Arti- cle VIII, which was adopted : Amend Section 189 by adding after the words "any election" at the end of line 24, the following: "And in criminal prosecutions for violations of election laws," and by adding after the word "defendant" in line 25, the following, "in such criminal prosecution." On motion of Mr. White, Article VIII, as amended, w^as adopted. Article VIII was referred to the Committee on Order^ Consistency and Harmonv of the Whole Constitution. Constitutional Convention. 1581 ARTICLE IX. REPRESENTATION. Was read at leiigtli as follows, and adopted : ARTICLE IX. REPRESENTATION. 197. The whole number of Sjenators shall be not less than one-fourth, or more than one-third of the whole number of Representatives. 198. The House of Representatives shall consist of not more than one hundred and live members, unless new counties shall be created, in which event each new county shall be entitled to one Representative. The mem- bers of the House of Representatives shall be appor- tioned by the Legislature among the several counties of the State, according to the number of inhabitants in them respectively, as ascertained by the decennial census of the United States; which apportionment when made shall not be subject to alteration until the next session of the Legislature after the next decennial census of the United States shall have been taken. 199. It shall be the duty of the Legislature at its first session after the taking of the decennial census of the United States in the year 1910, and after each subsequent decennial census, to fix by law the num- ber of Representatives, and apportion them among the several counties of the State, according to the number of inhabitants in them respectively; provided, that each county shall be entitled to at least one Representative. 200. It shall be the duty of the Legislature at its first session after the taking of the decennial cen- sus of the United States in the year 1910, and after each subsequent decennial census, to fix by law the number of Senators, and to divide the State into as many Sena- torial districts as there are Senators, which districts shall be as nearly equal to each other in the number of inhabitants as may be, and each shall be entitled to one 1582 JouuNAL OF Alabama Senator, and no more; and snch districts, when formed shall not be changed until the next apportioning ses- sion of the Legislature after the next decennial census of the United States shall have been taken; pro- vided, that counties created after the next preceding apportioning session of tlie Legislature may be attached to Senatorial districts. No county shall be divided between two districts, and no district shall be made up of two or more counties not contiguous to each other. 201. Should any decennial census of the United States not betaken, or if when taken the same, as to this State be not full and satisfactory, the Legislature shall have power at its first session after the time shall have elapsed for the taking of said census, to provide for an enumeration of all the inhabitants of this State, upon which it shall be the duty of the Legis- lature to make the apportionment of Kepresentatives and Senators, as provided for in this article. 202. Until the Legislature shall make an ai3portionment of Representatives among the several counties as provided in the preceding section the counties of Autauga, Baldwin, Bibb, Blount, Cherokee, Chilton, Choctaw, Clay, Cleburne, Coffee, Colbert, Conecuh, Coosa, Covington, Crenshaw, Cullman, Dale, DeKalb, Escambia, Fayette, Franklin, Geneva, Greene, La- mar, Lawrence, Limestone, Macon, Marion, Marshall, Monroe, Pickens, Randolph, St. Clair, Shelby, Wash- ington, and Winston shall each have one Representa- tive; the counties of Barbour, Bullock, Butler, Cal- houn, Chambers, Clarke, Elmore, Etowah, Hale, Henry, Jackson, Lauderdale, Lee, Lowndes, Madison, Marengo, Morgan, Perry, Pike, Russell, Sumter, Talladega, Tala- poosa, Tuscaloosa, Walker and Wilcox shall each have two Representatives ; the counties of Dallas and ^Mobile shall each have three Representatives; the county of Montgomery sliall have four Kepresentatives; and the county of Jefferson shall have seven Representatives. 203. Until the Legislature shall divide the State into Senatorial districts, as herein provided, the Senatorial districts shall be as follows: COXSTITUTIONAI. CONVENTION. 1583 Firs't district, Lauderdale aud Limestone; Becond district, Lawrence and Morgan; Third district, Blount, Cullman and Winston; Fourtli district, Madison; Fifth district, Jackson and ]Marshall; Sixth district, Etowah and St. Clair; Seventh district, Calhoun; Eighth dis- trict, Talladega ; Ninth district, Chambers and Ran- dolph; Tenth district, Tallapoosa and Elmore; Eleventh district, Tuscaloosa; Twelfth district, Fayette, Lamar and Walker; Thirteenth district, Jefferson; Fourteenth district, Pickens and Sumter; Fifteenth District, Au- tauga, Chilton and Shelby; Sixteenth district, Lowndes; Seventeenth district, Butler, Conecuh and Covington; Eighteenth district, Bibb and Perry; Nineteenth dis- trict, Choctaw, Clarke and Washington; Twentieth dis- trict, Marengo; Twenty-first district, Baldwin, Escam- bia and Monroe; Twenty-second district, Wilcox; Tw^en- ty -third district. Dale and Geneva; Twenty-fourth di>(- trict, Barbour; Twenty-fifth district, Coffee, Crenshaw and Pike; Twenty-sixth district, Bullock and Macon; Twenty-seventh district, Lee and Russell ; Twenty-eighth district, Montgomery; Twenty-ninth district, Cherokee and DeKalb; Thirtieth district, Dallas; Thirty-first district, Colbert, Franklin and Marion; Thirty-second district, Greene and Hale; Thirty-third district. Mobile; Thirty- fourth district, Cleburne, Clay and Coosa; Thir- ty-fifth district, Henry. ARTICLE X. EXEMPTIONS. Was read at length as follows, and adopted : ARTICLE X. EXEMPTIONS. 204. The personal property of any resident of this State to the value of |1,000, to be selected by such resident, shall be exempted from sale on execution, or other process of any court, issued for the collection of 1584 Journal of Alabama any debt contracted since the thirteenth day of July, 1868, or after the ratification of this Constitution. 205. Every lioniestead, not exceeding 80 acres, and the dwelling and appurtenances thereon, to be selected by the owner thereof, and not in any city, town or vil- lage, or in lieu thereof, at the oj^tion of the owner, any lot in a city, town or village, with the dwelling and ap- purtenances thereon owned and occupied by any resi- dent of this State, and not exceeding the value of |2,000, shall be exempt from sale on execution or any other pro- cess from a court, for any debt contracted since the thirteenth day of July, 1868, or after the ratification of this Constitution. Such exemption, however, shall not extend to any mortgage lawfully obtained, but such mortgage, or other alienation of said homestead by the owner thereof, if a married man, shall not be valid with- out the voluntary signature and assent of the wife to the same. 206. The homestead of a family, after the death of the owner thereof, shall be exempt from the payment of any debt contracted since the thirteenth day of July, 1868, or after the ratification of this Constitution, in all cases, during the minority of the children. 207. The provisions of Sees. 204 and 205 of this Con- stitution shall not be so construed as to prevent a labor- ers' lien for work done and performed for the person claiming such exemption, or a mechanic's lien for work done on the premises. 208. If the owner of a homestead die, leaving a widow, but no children, such homestead shall be ex- empt, and the rents and profits thereof shall inure to her benefit. 209. The real or personal property of any female in this State, acquired before marriage, and all prop- erty, real or personal, to which she may afterwards be entitled by gift, grant, inheritance or devise, shall be and remain the separate estate and property of such female, and shall not be liable for any debts, obligations or engagements of her husband, and may be devised by her, the same as if she was a feme sole. Constitutional Convention. 1585 '210. The rij>lit of exemptiim 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. ARTICLE XI. TAXATION. Was read at length as follows : ARTICLE XL TAXATION. 211. All taxes levied on property in this State shall be assessed in exact proportion to the value of such property, but no tax shall be assessed upon any debt for rent or hire of real or personal property, while owned by the landlord or hirer during the current year of such rental or liire, if such real or personal property be assessed at its full value. 212. The power to levy taxes shall not be delegates to individuals or private corporations or associations. 213. After the ratification of this Constitution, no new debt shall be created against, or incurred by this State, or its authority, except to repel invasion or sup- press insurrection, and then only by a concurrence of two-thirds of the members of each House of the Legis- lature and the vote shall be taken by yeas and naj'S and entered on the Journals; and any act creating or incurring any new debt against this State, except as herein provided for, shall be absolutely void; provided, the Q-overnor may be authorized to negotiate tempor- ary loans, never to exceed |300,000, to meet the defi- ciencies in the Treasury; and until the same is paid no new loan shall be negotiated; provided further, that this section shall not be so construed as to prevent the issuance of bonds for the purpose of refunding- the existing bonded indebtedness of the State. 100 1586 Journal of Alaba:ma 214. The Legislature shall not have the jiower to levy in anv one year a greater rate of taxation than sixty-five one-lumdredths of 1 per centum on the value of the taxable property within this State. 215. No county in this State shall be authorized to levy a greater rate of taxation in any one year on the value of the taxable property therein than one-half of one per centum ; provided, that to pay debts existing on the sixth day of December, 1yhich shall be appropriated ex- clusively to the |>ayment of such deltts and the interest thereon ; provided, further, that to pay any debt or lia- bility now existing against any county, incurred for the erection, construction or maintenance of the necessary public buildings ot bridges, or that may hereafter be ereated for the erection of necessary public buildings, bridges or roads, an}' county may levy and collect such special taxes, not to exceed one-fourth of one per centum, as may have bi^en or may hereafter be authorized by law, which taxes so levied and collected shall be applied exclusively to the i)ur])()S(\s for Avhich the same was so levied and collected. 21(). No city, town, village or other municipal cor- poration, other than as provided in this article, shall levy or collect a higher rate of taxation in any one year on the projterty situated thcn'ein that one-half of one per centum of the value of such property as assessed for State taxation during the preceding year; provided that for the ])urpose of ])aying debts existing on the sixth day of Decembei-, 1S75, and the interest thereon, a tax of one \H'v centum may be levied and collected, to be ap- ])lied exclusively to the i)ayment of such indebtedness; and ])rovided further that this section shall not ap])ly to the city of ^fobile, which city may from and after the ratification of this Tonstitution levy a tax not to ex- ceed the rate of three-fourths of one per centum to pay the expeus(\s of tlu^ city government and may also levy a tax not to exceed three-fourths of one ]Hn- centum to pay the d(^bt existing on the sixth day of l)e<'ember, 1875, with iut(M-est thereon, or any renewal of such del)t ; and Constitutional Convention. 1587 provided fiirtlier that this section sliall not ai)i)ly to the cities of Birmingham and llnntsville and tlie town of Andalusia, which cities and towns may le\\ and col- lect a tax not to exceed one-half of one per centnm in addition to the tax of one-half of one per centnm as liereinbefcn-e allowed to be levied and collected, such special tax to be applied exclnsively to the payment of interest on bonds of said cities of Birmingham and Huntsville and town of Andalnsia respectively, hereto- fore issued in pursuance of law, or now. authorized by law to be issued, and for a sinking fund to pay otf said bonds at the maturity thereof; and provided further that this section sliall not apjjly to the cit^' of M(nitgomeryy which city shall have the right to levy and collect a tax of not exceeding- one-half of one per centum per annum upon the value of the taxable property therein, as fixed for State taxation, for general purposes, and an addi- tional tax of not exceeding three-fourths (»f one per centum per annum ux)on the value of the property there- in, as fixed for State taxation to be devoted exclusively to the payment of its public debt, interest thereon, and renewals thereof, and to the maintenance of its public schools, and public conveniences; and provided further, that this section shall not apply to Troy, Attalla, Clads- den, Bessemer, A\\)odlawn, Brewton, Pratt City, Ens- ley, Wylam and Avondale, which cities and towns may, from and after the ratification of this Constitution, levy and collect an additional tax of not exceeding one-half of one per centum ; and provided further, that this sec- tion shall not apply to the cities of Decatur, New De- catur and Cullman, which cities may from and after the ratification of this Constitution, levy and collect an ad- ditional tax of not exceeding three-tenths of one per centum per annum, such special tax of said city of De- catur to lie applied exclusively for the public schools, public school buildings, and public improvements; and such sjiecial tax of said cities of New Decatur and Cull- man to be applied exclusively for educational purposes, and to be expended under their respective Boards of Public School Trustees; but this additional tax shall not be levied by Troy, Attalla, Gadsden, Bessemer, Wood- 1588 Journal of Alabama lawu, Brewton, Pratt City, Ensley, Wylam, Avoudale, Decatur, New Decatur or Oullman unless authorized by a majority vote of tlie qualified electors voting at a spe- cial election held for the purpose of ascertaining whether or not said tax shall be levied; and provided further, that the purposes for which such special tax is sought to be levied shall be stated in such election call, and, if authorized, the revenue derived from such special tax shall be used for no other purpose than that stated ; and provided further, that the additional tax authorized to be levied by the city of Troy, when so levied and col- lected, shall be used exclusively in the payment of the bonds and interest coupons thereon, hereafter issued in the adjustment of the present bonded indebtedness of said city; and provided further, that the additional tax authorized to be levied and collected by said city of At- talla shall, when so levied and collected, be used ex- clusively in the payment of bonds to the amount of not exceeding .|25,000 and the interest coupons thereon, hereafter to be issued in the adjustment of the present indebtedness of said city ; provided further, that the gov- erning boards of said cities, which are authorized to levy an additional tax, after the holding of an election as aforesaid, are hereby authorized to provide by ordi- nance the necessary machinery for the holding of said election and declaring the results thereof. 217. The property of private corporations, asso- ciations and individuals of this State shall forever be taxed at the same rate; provided, this section shall not apply to institutions devoted exclusively to religious, educational or charitable purposes. 218. The Legislature shall not liave the power to require the counties or other municipal cor- porations to pay any charges which are now payable out of the State Treasury. 219. The Legislature may levy a tax of not more than two and one-half per centum of the value of all es- tate, real and personal, money, public and pri- vate securities of every kind in this State, passing from any person who may die siezed and possessed thereof, or of any part of such estate, Constitutional Convention. 1589 money or securities, or interest therein, transferred by the intestate laws of this State, or by will, deed, grant, bargain, sale or gift, made or intended to take effect in possession after the death of the grantor, devisor, or donor, to any person or persons, bodies politic or cor- porate, in trust or otherwise, other than to or for the use of the father, mother, husband, wife, brothers, sis- ters, children or lineal descendants of the grantor, de- visor, donor or intestate. Mr, Sanford offered the following amendment to Arti- cle XI : Amend Section 216 of the proposed Constitution by striking out the following words, beginning on the 21st line, page 63 of said section : ''And provided further, that this section shall not apply to the city of Mont- gomery, which city shall have the right to levy and col- lect a tax of not exceeding one-half of one per centum per annum upon the value of the taxable property there- in as fixed for State taxation for geueral purposes, and an additional tax of not exceeding three-fourths of one per centum per annum upon the value of the 'property therein, as fixed for State taxation, to be devoted exclus- ively to the payment of the public debt, interest thereon and renewals thereof and the maintenance of its public schools and public conveniences" on page 64, and insert in lieu tliereof the following: ''The city of Montgomery shall not lev}- nor collect a larger rate of taxation in any one year on the property thereof than one-half of one per centum of the value of such property as assessed for State taxation during the preceding year; provided, that for the payment of debts existing at tlie time of the rati- fication of the Constitution of 1875, and tlie interest thereon, an additional rate of one per centum may be collected, to l)e applied exclusively to such indebtedness." On motion of Mr. Watts the amendment was laid upon the table. Mr. Cobl) offered the following amerform, and Constitutional Convention. 1603 to their offices, in a large number of cases, are attached handsome perquisites. Unless the Legislature should, at its next session, in like manner, extend the terms of the present Tax Collectors, Tax Assessors and (bounty Commissioners (which was certainly not contemplated when those officers were elected) for two years an elec- tion in 1904 will be necessary, and as this is true, there is no reason wh}^ Sheriffs should not then be elected. This Convention has, in the Article on the Ex(M;utive Department, which has been formerly adopted and is now in the hands of the Committee on Engrossmcut, pro- vides that the Sheriff elected in 1904 shall hold office for a term of six years, and that all succeeding Sheriffs shall hold office for a term of four years. This renders the proposed action recommended by the committee un- necessary. Believing as I do that we should confine ourselves to the business for which this Convention was called by the people, and that the action proposed is unnecessary and without precedent, I recommend that the said re])ort of the Committee on Rules be not adopted. Ed. deGrapfp:nried, of the Committee on Kules. On motion of Mr. Smith of Mobile, the minoi'ity re- port offered by Mr. deGraft'enried was laid u])on the table : Yeas, 74 ; nays, 46. YEAS. Messrs. President, Cunningham, Altman, Davis (DeKalb), Ashcraft, Davis (Etowah), Banks, Dent, '. Barefield, Duke, Blackwell, Eyster, Burns, Ferguson, Cardon, Fletcher, Carmichael (Colbert), Gilmore, Chapman, Glover, Cobb, Grant, Coleman (Walker), Greer (Perry), Craig, Haley, 1604 Journal of Alabama Handley, Harrison, Heflin (Chambers), Heflin (Randolph), Hodges, Hood, Inge, Jackson, Jones (Bibb), Jones (Wilcox), Kirk, Knight, Kyle, Ledbetter, Lomax, Long (Walker), Macdonald, McMillan (Baldwin), Malone, Merrill, Miller (Marengo), Miller (Wilcox), NeSmith, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, Palmer, Parker (Cullman), Pettus, Proctor, Reese, Rogers (LoAvndes), Rogers (Sumter), Samford, Sanders, Smith (Mobile), Smith, Mac. A., Smith, Morgan M., Sorrell, Spragins, Weakley, Weatherly, Williams (Barbour), Williams (Marengo), Williams (Elmore), Wilson (Clarke), Wilson (Washington) Winn — 74. NAYS. Messrs. Bartlett, Beddow, Bethune, Boone, Brooks, Byars, Carnathon, Case, Cofer, doCraffenried, Eley, Foshee, Foster, Freeman, Graham (Montgomery), Graham (Talladega), Grayson, Greer (Calhoun), Howell, Howze, Jones (Montgomery), Lowe (Jefferson), McMillan (Wilcox), Martin, Murphree, Norman, Gates, O'Rear, Constitutional Convention. 1605 Pearce, Spears, Phillips, Stewart, Pillans, Studdard, Porter, Tayloe, Reynolds (Henry), Waddell, Sanford, Walker, Selbeimer, Watts, Sentell, White, ' Sloan, Whiteside — 46. PAIR announced. The following pair was announced : Messrs. Pitts and Hendrson. Mr. Pitts would vote aye ; and Mr. Hender- son would vote nay. The question recurred upon the adoption of the sub- stitute. The substitute was adopted. On motion of Mr. Smith, of Mobile, the resolution, as amended, was adopted. Mr. Smith, of Mobile, acting chairman of the Com- mittee on Rules, also reported favorably, with a substi- tute, resolution 331, which was read at length as fol- lows : Resolution 330, by Mr. Reese : Resolved, First, that all leaves of absence of members of this Convention be and the same are hereby revoked, to take effect on Monday, the 2nd day of Sejitember, 1901, at 12 o'clock meridian, and that no further leave of absence be granted beyond said time. Second, That the Secretary of this Convention is in- structed to notify absent members to return at said time. Substitute by the Committee on Rules for resolution No. 330 by Mr'. Reese, of Dallas : Resolved, That all leaves of absence of members of this Convention, except on account of sickness, be and they are her-eby revoked, to take effect on Tuesday, Sep- tember 3d, at 9 a. m., and that no further leave of ab- sence be granted beyond said time. Be it further resolved. That the Secretary of this Con- vention is instructed to notify absent members tr» return at said time. 1606 Journal of Alabama Tlie .substitute was adopted. Tlie question recurred upon the adoption of resolution 330, as amended by the substitute. The resolution (330), as amended, was adopted. Mr. Smith, of Mobile, acting chairman of the Com- mittee on Rules, also reported favorably resolution 328, which was read at length as follows and adopted : Resoiution 328, by Mr. Eyster: Whereas, the members of the Committee on Har- mony completed their labors before the reassembling of this Convention, and returned to their respective homes, and. Whereas, It would be unjust and inequitable for them not to receive their mileage as otlier members ; Therefore, be it resolved, That the members of the Committee on Order, Consistency and Harmony be al- lowed their mileage the same as the other members of this Convention. RECONSIDERATION. Mr. Coleman, of Greene, moved to reconsider the vote by which the Article on Suft'rage and Elections was adopted. Mr. Harrison moved to table the motion of Mr. Cole- man of Greene. The motion was lost : Yeas, 50 ; nays, 69. YEAS. Messrs. Banks, Davis (Etowah), Bartlett, Duke, Beavers, I'osheo, Beddow, I'reeman, Blackweil, (Hlmore, Boone, Greor (Calhoun), Brooks, rialey, Byars, Harrison, Cardon, fleflin (Chambers), Case, Heflin (Randolph), Cofer, Henderson, Davis (DeKalb), Hodges, Constitutional Convention. 1607 Howell, Jones, (Bibb), Long (Walker), Lowe (Jefferson), Lowe (Lawrence), McMillan (Baldwin), Martin, Moody, Murpliree, Gates, O'Neill (Jefferson), Pcarce, Pettus. Phillips, Pillans, Porter, Kogers (Sumter), Sentell, Sloan, Spears, Spragins, Stiiddard, Waddell, \Aniite, Whiteside, Williams ( Marengo ) — 50. nays. Messrs. President, Altman, Barefield, Bethune, Burns, Carnathon, Chapman, Cobb, Coleman (Greene), Coleman (Walker), Craig, Cunningham, deGraffenried, Eley, Eyster, Ferguson, Fletcher, Foster, Glover, Graham ( Montgomery ) , Graham (Talladega), Grant, Grayson, Greer (Perry), Handley, Hood, HoAvze, Inge, Jackson, Jones (Montgomery), Jones (Wilcox), Kirk, Knight, Kyle, Ledbetter, Lomax, IMacdonald, iMcMillan (Wilcox), Malone, Merrill, Miller (Marengo), Miller (Wilcox), NeSmith, Noruian O'Neal (Lauderdale), Opp, O'Rear, Palmer, Parker (Cullman), Keese. 1608 Journal of Alabama Reynolds (Henry), Rogers (Lowndes), Samford, Sanders, Sanford, Smith (Mobile), Smith, Mac. A., Smith, Morgan M. Sorrell, Stewart, Tayloe, Walker, Watts, Weakley, Weatherly, Williams (Barbour), Williams (Elmore), Wilson ( Washington )y Winn— 69. Mr. Coleman, of Greene, moved the previous question on the motion to reconsider the vote whereby the Arti- cle on Suffrage and Elections was adopted. The motion prevailed : Yeas, 68 ; nays, 51. YEAS. Messrs. President, Altman, Ashcraft, Barefleld, Bethune, Burns, Oarnathon, Chapman, Cobb, Coleman ( Greene) ^ Coleman (Walker), Craig, Cunningham, deGraffenried, Eley, Eyster, Ferguson, Fletcher, Glover, Graham (Montgomery), Graham (Talladega), Grant, Grayson, Greer (Perry), Handle}^, Hood, Howze, Inge, Jackson, Jones (Montgomery),. Jones (Wilcox), Kirk, Knight, Ledbetter, Lomax, Macdonald, McMillan (Wilcox), Malone, Morrill, Miller (Marengo), Miller (Wilcox), NeSmith, Norman, O'Neal (Lauderdale)v Opp, O'Rcar, Constitutional Convention. 1609 Palmer, Sorrell, P:i:-ker (Cullman), Stewart, Keese, Tayloe, Reynolds (Henry), Walker, Eogers (Lowndes), Watts, Samford, Weakley, Sanders, Weatherly. Sanford, Williams (Barbour), Smith (Mobile), Williams (Elmore), Smith, Mac. A., Wilson (Washington), Smith, Morgan M. Winn— 68 NAYS. Messrs. Banks, Long (Walker), Bartlett, Lowe (Lawrence), Beavers, McMillan (Baldwin), Beddow, Martin, Blackwell, Moody, Boone, Murphree, Brooks, Gates, Byars, O'Neill (Jefferson), Cardon, Pearce, Case, Pettus, Cofer, Phillips, Duke, Pillans, Foshee, Porter, Foster, Proctor, Freeman, Rogers (Sumter), Gilmore, Sellioimer, Oreer (Calhoun), Sentell, Haley, Sloan, Harrison, Spears, Heflin (Chambers), Spragins, Heflin (Randolph), Studdard, Henderson, vrnddell, Hodges, White, Howell, Whiteside, Jones (Bibb), Williams (Marengo) — 51 Kyle, 1610 Journal of Alabama Mr. Coleman, of Greene, moved to reconsider the vote by which tlie amendment of Mr, Harrison Avas adopted. The amendment by Mr. Harrison was read at length as follows : Amend Section 181, second subdivision, by adding in line nine, after the w^ord "property" and before the words "in this State" the words "or of real and personal j)roperty." The motion to reconsider prevailed : Yeas, 66 ; navs, 55. YEAS. ^Messrs. President, Altman, Barefield, Beth line, Burns, Carnathon, Chapman, Cobb, Coleman (Greene), Coleman (Walker), Craig, Cunningham, Dent, deGraffenried, Eley, Eyster, Fletcher, Glover, Graham ( ^Montgomery ) , Graham (Talladega), Grant, Grayson, Greer (Perry), Handley, Hood, Howze, Tnge, Jackson, Jenkins, Jones (Montgomery), Jones (Wilcox), Kirk, Knight, Ledbetter, Lomax, IMacdonald, McMillan (Wilcox), Malone, Merrill, Miller (Marengo), Miller (Wilcox), NeSmith, Norman, O'Neal (Lauderdale), Opp, O'Rear, Palmer, Parker (Cullman), Reese. Reynolds ( Henry ) , Rogers (Lowndes), Sanders, Smith (Mobile), Smith, Mac. A., Smith, Morgan M. Sorrell, Constitutional Convention. 1611 Stewart, Tayloe, Walker, Watts, Weakley, Weatherlj, Williams (Barbour), Williams (Elmore), Wilson (Washington), Winn— 66. NAYS. Messrs. Banks, Bartlett, Beavers, Bcddow, Blackwell, Boone, Brooks, Bvars, Cardou, Case, Cofer, Davis (DeKalb), Davis (Etowah), Duke, Fosliee, Foster, Freeman, Gil more, Greer (Calhoun), Haley, Harrison, Heflin (Chambers), Heflin (Randolph), Henderson, Hinson, Hodges, Howell, Kyle, Long (Walker), Lowe (Jefferson), Lowe (Lawrence), McMillan (Baldwin), Martin, Moody, Mnrphree, Gates, G'Neill, (Jefferson), Pearce, IVttus, Phillips, Fillans, Porter, Proctor, Rogers (Sumter), Selheimer, Sentell, Sloan, Spears, Spragins, Waddell, White, Whiteside, Williams (Marengo), Wilson (Clarke)— .55. Jones (Bibb), Gn motion of Mr. Coleman, of Greene, the amendment of ;>[r. Harrison was laid upon the table. The Article VIII was, on motion of Mr. Coleman of Greene, adopted. 1612 Journal op Alabama Mr. deGraffeni'ied moyed to reconsider the vote by wliicli the Ai'tiele ou Executive Department was adopted. The motion prevailed. The article was referred to the Committee on Order^ Consistency and Harmony of the Whole Constitution. UNFINISHED BUSINESS. The Convention proceeded to the consideration of the unfinished business, which was the report of the Com- mittee on Order, Consistency and Harmony of the Whole Constitution. The question recurred upon the adoption of the sub- stitute offered by Mr. Sorrel for the amendment offered by Mr. White. On motion of Mr. Cobb the amendment and substitute were laid upon the table. Mr. Boone offered the following amendment to Arti- cle XII : Amend the Article on Corporations by adding the fol- lowing immediately after Section 227, page 68, as Sec- tion 228 : 1. No city or town having a population of more than 6,000, shall have authority to grant to any person, firm, corporation or association, the right to use its streets, avenues, alleys or public places for the construct- ion or operation of water works, gas works, telephone or telegraph lines, electric light or power plants, steam or other heating plants, street railroads, or other public utility, except railroads other than street railroads, for a longer period than thirty years. And renumber the sections following. Mr. Smith, of Mobile, moved to table the amendment offered by Mr. Boone. The motion was lost. The question recurred upon the adoption of the amendment offered by Mr. Boone. The amendment was adopted. Mr. Williams, of Marengo, offered tlie following amendment to Article XII : Amend the fourth paragraph of the schedule l)y s'tvik- ing out the period at the end thereof, and inserting a Constitutional Convention. 1613 comma in lieu thereof, and b}' adding immediately tliere- -after the following: "And no elector shall be deprived of his right to vote at the election to be held for such pur- pose by reason of his not being registered." On motion of Mr. Beddow the amendment was laid upon the table. On motion of Mr. White Article XII, as amended, was adopted. ARTICLE XIII. BANKS AND BANKING. AYas read at length as follows, and adopted : ARTICLE XIII. BANKS AND BANKING. 240. The Legislature shall not have the power to establish or incorporate any bank or banking company or money institution for the purpose of issuing bills of credit or bills payable to order or bearer, except under the conditions prescribed in this Constitution. 247. No bank sliall be established otherwise than under a general banking law nor otherwise than upon a specie basis; provided that any bank may be established with authority to issue bills to circulate as money in an amount equal to the face value of bonds of the United States or of this State, convertible into specie at their face value, which shall, before such bank is authorized to issue its bills for circulation, be deposited with the State Treasurer or other depository prescribed by law, in an amount equal to the aggregate of such proposed issue, with power in such treasurer or depository to dis- pose of any or all of such bonds for a sufficient amount of specie to redeem the circulating notes of such bank at any time and without delay, should such bank suspend specie payment or fail to redeem its notes on demand. 248. All bills or notes issued as money shall be at all times redeemable in gold or silver, and no law shall be passed sanctioning directly or indirectly, the 1614 Journal of Alabama siivspensiou by any bank or banking company of .specie payment. 249. Holders of bank notes and depositors who have not stipulated for interest, shall, for such notes and deposits, be entitled in case of insolvency, to the prefer- ence of payment over all other creditors; provided, this section shall apply to all banks whether incorporated or not. 250. E\ery bank or banking company shall be re- quired to cease all banking operations within twenty 3'ears from the time of its organization, unU^ss the time be extended by law, and promptly thereafter close its business; but after it has closed its business it shall have corporate capacity to sue and shall be liable to suits until its affairs and lialnlities are fully closed. 251. Ko l)ank shall receive, directly or indirectly, a greater rate of interest than shall be allowed by law to Individuals for lending mone^^ 252. Neither the State nor any political subdivi- sion thereof shall be a stockholder in any bank, nor shall the credit of the State, or any political subdivision there- of, be given or lent to any banldng company, association or corporation. 253. The Legislature shall, b.y appropriate laws, provide for the examination, by some public offi- cer, of all banks and banking institutions and trust com- panies engaged in banking business in this State. And each of such banks and banking companies or institu- tions shall, through its president or such other officer as the Legislature may designate, make a report, under oath, of its resources and liabilities at least twice a year. 254. The provisions of this article shall apply to all banks except National banks, and to all trust companies and individuals doing a banking business, whether in- (•(>r])orat( d or not. COXSTITUTIOXAL CONVENTION. 16 15- ARTICLE XIV. EDUCATION. Was read at lengtli as follows : ARTICLE XIV. EDUCATION. 255. Tlie Legislature shall establish, or organ- ize and maintain a liberal system of public schools throughout the State for the benefit of the children thereof betAveen the ages of 7 and 21 years. The public school fund shall be apportioned to the several counties in proportion to the number of school children of school age therein, and shall be so apportioned to the schools in the districts or townsliii>s in the county as to pro- vide, as nearly as practicable, school terms of equal duration in such school districts or townships. Separ- ate schools shall be provided for white and colored children and no child of either race shall be permitted to attend a school of the other race. 256. The principal of all funds arising from the sale or other disposition of lands or other property, which has been or may hereafter be granted or entrusted to this State or given by the United States for education- al purposes, shall be preserved inviolate and undimin- ished; and the income arising therefrom shall be faith- fully applied to the specific object of the original grants or appropriations. 257. All lands or other property given by indi- viduals, 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 ap- plied to the maintenance of the public schools. 258. All poll taxes collected in this State shall be ap- plied to the support of the public schools in the respect- ive counties where collected. 259. The income arising from the Sixteenth Sec- tion trust fund, the surplus revenue fund, until it is 1616 Journal of Alabama ■called for by the United States government, and the funds enumei'ated in Sections 256 and 257 of this Con- stitution, together witli a special annual tax of 30 cents on each iiflOO of taxable property in this State, which the Legislature shall levy, shall be ap- plied to the support and maintenance of the public schools, and it shall be the duty of the Legis- lature to increase the pul)lic school fund from time to time as the necessity therefor and the condition of the treasury and the resources of the State may justify. Provided, that nothing herein contained shall be so con- strued as to authorize the Legislature to levy in any one year a greater rate of State taxation for all purposes, including scliools, than sixty-five cents on each $100 worth of taxable property; and provided further, that nothing herein contained shall prevent the Legislature from first iDroviding for the payment of the bonded indebtedness of the State, and interest thereon out of all of the revenues of the State. 260. Not more than 4 per cent, of all moneys raised or which may hereafter be appropriated for the support of public schools, shall be used or expended otherwise than for the payment of teachers employed in such schools; provided, that the Legislature may, by a vote of two-thirds of each House, suspend the opera- tion of this section. 261. The supervision of the public schools of the State shall be vested in a Superintendent of Education, whose powers, duties and compensation shall be fixed by law. 262. No money raised for the support of the public schools shall be appropriated to or used for the sup- port of any sectarian or denominational school. 263. The State University shall be under the manage- ment and control of a board of trustees which shall con- sist of two members from the Congressional district in which the University is located, ancl one from each of the other Congressional districts in the State; and the Sup- erintendent of Education and the Governor, who shall be ex-officio president of the board. The members of the Board of Trustees, as now constituted, shall hold office Constitutional Convention. 1617 until their respective terms expire under existini:;- law, and until their successors shall be elected and continued as hereinafter required. Successors to those trustees whose terms expire in 1902 shall hold office until 1907; successors to those trustees whose terms exjure in 1904 shall hold office until 1911; successors to those trustees whose terms expire in 1900 shall hold office until 1915; and thereafter their successors shall hold office for a term of 12 years. When the term of auA^ member of such board shall exi)ire, the remaining members of the board shall by secret ballot elect his successor; provided, that any trustee so elected shall hold office from the date of his election until his confirmation or rejection by the Senate, and, if confirmed, until the expiration of the term for which he was elected, and until his successor is elected. At every meeting of the Legislature the Sup- erintendent of Education shall certify to the Senate the names of all who shall have been so elected since the last session of the Legislature, and the Senate shall confirm or reject them, as it shall determine is for the best inter- est of the University. If it reject the names of any members, it shall thereupon elect trustees in the stead of those rejected. In case of a vacancy on said board by death or resignation of a member, or from any cause other than the expiration of his term of office, the board shall elect his successor, who shall hold office until the next session of the Legislature. No trustee shall receive any pay or emolument other than his actual expenses incurred in the discharge of his duties as such. 264. After the ratification of this Constitution there shall be paid out of the treasury of this State at the time and in the manner provided by law, the sum of not less than thirty-six thousand dollars per annum as interest on the funds of the University of Alabama, heretofore covered into the treasury, for the maintenance and sup- port of said institution; provided, that the Legislature shall have the power at any time they dt^em proper for the best interest of said Universit}^ to abolish the mili- tary system at said institution, or reduce the said sys- tem to a department of instruction, and that such action on the part of the legislature shall not cause any diminu- 103 1618 Journal of Alabama tion of the auionnt of the annual interest payable out of the treasury for the support and maintenance of said University. 265. The Alabama Polytechnic Institute, formerly called the Agi-icultui'-al and Mechanical College, 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 institute is located, and one from each of the other Congressional districts in the State, the State Superintendent of Education and the Governor, who shall be ex-officio president of the board. The trustees shall be appointed by the Governor, by and with the advice and consent of the Senate, and they shall hold ofiice for a term of twelve years, and until their successors shall be appointed and qualified. The board shall be divided into three classes, as nearly equal as may be, so that one-third may be chosen quad- riennially. Vacancies occurring in the oflSce of trustees from death or resignation, and the vacancies regularly occurring in the year 1905 shall be filled by the Gover- nor, and such appointee shall hold office until the next meeting of the Legislature. Successors to those trus- tees whose terms expire in 1903 shall hold office until 1911 ; successors to those whose terms expire in 1905 shall hold office until 1915; and successors to those whose terms expire in 1907 shall hold office until 1919. No trustee shall receive any pay or emolument other than his actual expenses incurred in the discharge of his duties as such. 266. The Legislature shall not have power to change the location of the State University, or the Alabama Polytechnic Institute, or the Alabama schools for the Deaf and Blind, or the Alabama Girls' Industrial school, as now established by law, except upon a vote of two- thirds of the Legislature taken by yeas and nays and en- tered upon the Journals. 267. The Legislature shall provide for tak- _ ing a school census by townships and districts through- out the State not oftener than once in two years, and shall provide for the punishment of all persons or offi- cers making false and fraudulent enumerations and re- Constitutional Convention. 1619 turns; provided, the State Siii*eriiiteudeiit of Education may order and supervise the taking of a new eensus in any township, district or county, whenever he may have reasonable cause to believe that false or fraudulent re- turns have been made. 268. The several counties in this State shall have power to levy and collect a special tax not exceeding 10 cents on each $100 of taxable property in such counties, for the support of public schools; provided, that the rate of such tax, the time it is to continue, and the purpose thereof shall Irave been first submitted to a vote of the qualified electors of the county and voted for by three-fifths of those voting at such election; but the rate of such special tax shall not increase the rate of taxation. State and county combined, in any year, to more than fl.25 on each |100 of taxable property; ex- cluding, however, all special county taxes for public buildings, roads, bridges and the payment of delttvs exist- ing at the ratification of the Constitution of 1875. The funds arising from such special school tax shall be ap- portioned and paid through the proper school officials to the several schools in the townships and districts in the county that the school terms of the respective schools shall be extended by such supplement as nearly the same length of time as practicable; provided, that this sec- tion shall not apply to the cities of Decatur, New De- catur and Cullman. 269. The provisions of this article and of any act of the Legislature passed in pursuance tliereof to establish, organize and maintain a S3^stem of public schools throughout the State, shall apply to Mobile county only so far as to authorize and require the authorities designated by law to draw the portions of the funds to VN'hich said county shall be entitled for school purposes, and to make repor-ts to the Superin- tendent of Education as may be prescribed by law. And all special incomes and powers of taxation^ as now authorized by law for the benefit of public schools in said county, shall remain undisturbed until otherwise provided by the Legislature; provided, that separate schools for each race shall always be maintained by said school authorities. 1620 Journal of Alabama Mr. Case offered the following amendment to Article XIV : Amend the report of the Committee on Education, on page 79, by striking out all the words after the conjunc- t*cn "and" preceded by a semicolon in the twelfth line, up to the word "that," preceded by "provided" in the fourteenth line. On motion of Mr, Graham, of Talladega, the amend- ment Avas laid upon the table. Mr. Foster offered the following amendment to Arti- cle XIV, which was adoi)ted: Amend Section 268 in the Article on Education, on page, 79, by striking out all of. section after the word **Cullmau'' on line 1 on said page. Mr. Kvle oft'ered the following amendment to Article XIV : Amend Article XIV on Education by striking out Sec- tion 269. On motion of Mr. Graham, of Talladega, the amend- ment was laid upon the table. On motion of Mr. White Article XIV was adopted. ARTICLE XV. MILITIA. Was read at length as follows, and adopted : ARTICLE XV. MILITIA. 270. The Legislature shall have the power to de- clare who shall constitute the militia of the State, and to provide for organizing, arming and disciplining the same ; and the Legislature may provide for the organiza- tion of a State Naval Militia. 271. The Legislature, in providing for the organiza- tion, equipment and discipline of the militia, shall con- form as nearly as practicable to the regulations for the government of the armies of the United States. Constitutional Convention. 1621 272. Each company aud regiment shall elect its own company and regimental officers; but if any coip.- pany or regiment shall neglect to elect such officers with- in the time prescribed by law, they may be appointed by the Governor. 273. Volunteer organizations of infantry, cavalry, and artillery and naval militia may be formed in such manner and under such restrictions and with such privi- leges as may be provided by law. 274. The militia and volunteer forces shall, in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at musters, parades and elections and in going, to and re- turning from the same. 275. The Governor shall, with the advice and con- sent of the Senate, appoint all general officers, whose terms of office shall be for four years. The Governor, the generals and regimental and batallion commanders shall appoint their own staffs, as may be provided by law. 276. The Legislature shall provide for the safe- keeping of the arms, ammunition and accoutrements, military records, banners and relics of the State. 277. The officers and men of the militia and volun- teer forces shall not be entitled to or receive any pay, rations or emoluments when not in active service, ARTICLE XVI. OATH OF OFFICE. Was read at length as follows, and adopted : ARTICLE XVI. OATH OF OFFICE. 278. All members of the Legislature, and all officersy- executive and judicial, before they enter upon the exe- cution of the duties of their respective offices, shall take th' following oath or affirmation: 1622 Journal of Alabama "I, , solemnh^ swear (or affirm, as the case may be), that I will support the Constitution of the l.xited States, and the Constitution of the State of Ala- bama, so long as I continue a citizen thereof; and that I will faithfully and honestly discharge the duties of the office upon which I am about to enter, to the best of my abilit}^, so help me God.'' This oath may be administered by the presiding officer of either House of the Legislature, or by any officer authorized by law to administer an oath. REPO^lT OP STANDING COMMITTEES. Mr. White, chairman of the Committee on Order, Con- sistency and Harmony of the Whole Constitution, sub- mitted the following report, which was read at length as follows : Report of the Committee on Order, Harmony and Con- sistency of the Constitution. Mr. President : Your committee to which was re-referred Article VII on Impeachments, respectfully report that they have ex- amined the article and the amendments thereto, and find the same correct, and in proper form, except the two amendments to Section 173, which have been rewritten and incorporated in said section, which section as amended and rewritten has been incorporated into the article and is herewith returned to the Convention with the recommendation that it l)e adopted. Respectfully submitted, Frank S. AVtiite, Chairman. ARTICLE A^II. IMPEACHMENTS. The Govin-nor Lieutenant Governor Attorney Gen- eral, State Auditor, Secretary of State, State Treasurer, Superintendent of Education, Commissioner of Agricul- ture and Industries, and Justices of tlie Supreme Court may be removed from office for wilful neglect of dutv, corruption in office, incompetency, or intemprance in tlu? CoXvSTITUTIONAL CONVENTION. 1623 use of intoxicating liquors or narcotics to such an ex- tent, in view of tlie dignitv of the office and importance of its duties, as unfits tlie officer for tlie discharge of such duties, or for any offense involving moral turpitude while in office, or committed under color thereof, or con- nected therewith, by the Senate sitting as a court of im- peachment, under oath or affirmation on articles or charges preferred by the House of Rei)resentatives. When the Governor or Lieutenant Governor is im- peached, the Chief Justice, or if he be absent or disquali- fied, then one of the Associate Justices of the Supreme Court, to be selected by it, shall preside over the Senate when sitting as a court of impeachment. If at any time when the Legislature is not in session a majority of all the members elected to the House of Representatives shall certify in writing to the Secretary of State their desire to meet, to consider the impeach- mnt of the Governor, Lieutenant Governor, or other offi- cers administering the office of Governor, it shall be the dut}' of the Secretary of State immediately to notify the Speaker of the House, who shall, within ten days after receipt of such notice, summon the members of the House by publication in some newspaper, published at the Capi- tal, to assemble at the Capitol on a day to be fixed by the Speaker, not later than fifteen days after the receipt of the notice to him from the Secretary of State, to con- sider the impeachment of the Governor, Lieutenant Gov- ernor, or other officer administering the office of Gover- nor. If the House of Representatives prefer articles of impeachment, the Speaker of the House shall forthwith notify the Lieutenant Governor, unless he be the officer impeached, in which event he shall notify the Secretary of State, who shall summon, in the manner hereinabove provided for, the members of the Senate, to assemble at the Capitol on a day to be named in said summons, not later than ten days after receipt of the notice from the Speaker of the House, for the purpose of organizing as a court of impeachment, the Senate when then organized shall hear and try such articles of impeachment against the Governor, Lieutenant Governor or other officer exer- cising the powers of the office of Governor, as may be preferred by the House of Representiitives. 1624 Journal of Alabama The Cliancelloi-s, Judges of the Circuit Courts, Judges of the Probate Courts, and Judges of other courts from which an appeal may be taken directly to the Sup- reme Court, and Solicitors and Sheritt's, may be removed from office for any of the causes specified in the preced- ing section, or elsewhere in this Constitution, by the Supreme Court under such regulations as may be pre- scribed by law. The Legislature may provide for the im- peachment or removal of other officers than those named, in this article. The Clerks of the Circuit or courts of like jurisdiction, of Criminal Courts, Tax Collectors, Tax Assessors, County Treasurers, County Superintendents of Edu- cation, Judges of inferior courts created under authority of Section 1G8 of this Constitution, Coroners, Justices of the Peace, Notaries Public, (Constables, and all other county officers. Mayors, Intendants and all other officers of incorporated cities, and towns in this State, may be removed from office for any of the causes specified in Section 173 of this Con- stitution, by the Circuit or other courts of like jurisdic- tion, or a Criminal Court of the county in which such officers hold their offices under such regulations as may be prescribed by law; provided, that the right of trial by jury and appeal in such cases shall be secured. The penalties in cases arising under the tliree preceding sections shall not extend beyond removal from office and disqualification from holding office, under tlie authority of this State, for the term for which the officer was elected or appointed, but the accused shall be liable to indictment and punishment as prescribed by hiw. The report was concurred in, and the Article on Im- peachments was adopted. Mr. White, chairman of the Committee on Order, Consistency and Harmony of the Whole Constitution, also submitted the following report : Mr. President : Your committe to which was ref(M*red the Article on Suffrage and Elections, respectfiil^v report that the amenduHMits adopted by the Convention have been put in proper form, and are herewith returned to the Con- Constitutional Convention. 1625- vention with the recommendation that they be adopted as amended, and incorporated in said article. Kespectfully submitted, Frank S, White^ Chairman. First, those who can read and write any article of the Constitution of the United States in the English language, and who are physically unable to work and those who can read and write any article of the Consti- tution of the United States in the English language and have worked or been regularly engaged in some lawful employment, business or occupation, trade or calling for the greater part of the twelve months next preceding the time they offer to register ; and those who are unable to read and write if such disability is due solely to physical disability ; or. The report was concurred in, and Article VIII was adopted. Mr. White, chairman of the Committee on Order, Consistency and Harmony of the Whole Constitution, also submitted the following report, AA'hich was con- curred in: Mr. President : The Committee on Order, Consistency and Harmony of the Whole Constitution beg leave to report that the Article on the Executive Department submitted to this Committee has been reexamined and Section 138 re- written so as to incorporate in it in proper form the amendment passed this morning in reference to extend- ing the terms of office of the present Sheriffs, and here- with return the section as rewritten, with the recom- mendation that the section as rewritten and the article as amended, be passed. Eespectfully submitted, ''' Frank S. W^hite, Chait man. Be it ordained that Section 138, on the Executive De- partment, be and the same is hereby amended so as to read as follows : 138. A Sheriff shall be elected in each county by the qualified electors thereof, who shall hold office for a term of four years, unless sooner removed, and he shall 1626 Journal of Alabama be ineligible to such office as his own successor; pro- vided, that the terms of all Sheriffs expiring in the year 1904 are hereby extended until the time of the expira- tion of the terms of the other executive officers of this State in the year 1907, unless sooner removed. AVheuever any prisoner is taken from jail, or from the custody of the Sheriff, or his deputy, and put to death, or suffers gTievous bodily harm, owing to the neglect, connivance, cowardice or other grave fault of the Sheriff, such Sheriff may be impeached under Section 171 of this Constitution. If the Sheriff be impeached, and there- upon convicted, he shall not be eligible to hold any office in this State during the time for which he had been elected or appointed to serve as Sheriff'. ARTICLE XVII. MISCELLANEOUS PROVISIONS. Was read at length as follows : ARTIC1.E XVII. MISCELLANEOUS PROVISIONS. 279. No person holding an office of profit under the United States, except postmasters, whose annual sal- aries do not exceed 1200, shall, during his continuance in such office, hold any office of profit under this State; nor unless otherwise provided in this Constitution shall any person holding tAvo offices of profit at one time under this State, except Justices of the Peace, Constfijjles, Notaries Public, and Commissioners of DeedfY^i 280. The snlhry, fees or compensation of any officer holding any civil office of profit under this State or any county or municipality thereof, shall not be increased or diminished during the term for which he shall have been elected or appointed. 281. It is, made the duty of the Legislature to -enact all laws necessary to give effect to the provisions of this Constitution. CONSTITUTIONAJj CONVENTION. 1627 Mr. Beddow offered the following amendment to Arti- cle XVII : Sec. — After the first day of January, 1904, the labor of convicts shall not be let out by contract to any person, copartnership, comjiany or corporation, and the Legis- lature shall, by law, provide for the working of convicts for the benefit of the State and the various counties thereof. On motion of Mr. deGraffenried the amendment was laid upon the table. Mr. Beddow offered the following amendment to Arti- cle XVII : Amend Article on Miscellaneous Provisions by adding a new section, as follows : After January the first, 1904, no convict sentenced to hard labor for the counts shall be let out by contract to any person, copartnership, company or corporation oiii- side of the county in which conviction is had; nor shall any person convicted of a misdemeanor be worked in any coal, ore or other underground mine while serving sen- tence. On motion of Mr. Jenkins the amendment was laid upon the table: Yeas, 50; nays, 55. YEAS. Messrs. President, Altman, Barefield, Bethune, Burns, Carmichael (Colbert), Chapman, Cobb, Coleman ( Creene) , Coleman (Walker), Davis (Etowah), Dent, deCxraffenried, Eley, Eyster, Metcher, Foshee, Foster, < Hover, (rrayson, (Jreer (Calhoun), lleflin (Chambers), Ilinson, Inge, Jenkins, Kirk, Kniulit, Kyle, Lomax, Mc]\rillan (Baldwin), 1628 Journal of Alabama Martin, Merrill, Miller (Marengo), Miller (AVilcox), Murphree, Norman, Opp, Palmer, Parker ( Cullman ) , Phillips, Rogers (Sumter), Samford, Sanford, Sentell, Smith (Mobile), Smith, Mac. A., Spragins, Studdard, Tajloe, Waddell, Walker, Whiteside, Williams (Barbour), Williams (Marengo), Williams (Elmore), Wilson (Washington) — 56, NAYS. Messrs. Asheraft, Banks, Bartlett, Beavers, Beddow, Blackwell, Boone, Byars, Cardon, Case, Cofer, Craig, Cunningham, Davis (DeKalb), Fergrson, Grant, Greer (Perry), Heflin (Randolph), Henderson, Hodges, Hood, Howell, Howze, Jackson, Jones (Bibb), Jones (Montgomery), Jones (Wilcox), Led better, Long (Walker), Lowe (Jefferson), Macdonald, McMillan (Wilcox), Malone, Moody, jMulkey, Gates, O'Neal (Lauderdale), O'Neill (Jefferson), O'Rear, Pearce, Pettus, Pillans, Porter, Proctor, Reese, Reynolds (Henry), Rogers ( Lowndes ) , Sanders. Selheimer, Spears, Constitutional Convention. 1629 Stewart, ^Vbite, ^Vatts, >Viun — 55. Weakley, Article XVII was, ou motion of Mr. Wliite, adopted. ARTICLE XVIII. MODE OF AMENDING THE CONSTITUTION. Was read at length as follows : ARTICLE XVIII. MODE OF AMENDING THE CONSTITUTION. 282. Amendments may be proposed to this Constitu- tion by the Legislature in the manner following: The proposed amendments sliall be read in the House in which they originate on three several days, and if upon the third reading three-fifths of all the members elected to that House shall vote in favor thereof the proposed amendments shall be sent to the other House, in which they shall likewise be read on three sevei^al days, and if upon the third reading, three-fifths of all the members elected to that Hoiise shall vote in favor of the proposed a. lendments, the Legislature shall order an elec- tion next succeeding the session of the Legis- lature at which the amendments are proposed or upon another day appointed by the Legislature not less than three months after adjournment of the session of the Legislature at which the amendments were pro- posed. Notice of such election, together with the pro- posed amendments shall be given by proclamation of the Governor, which shall be published in every county in such manner as the Legislature shall direct, for at least eight successive weeks next preceding the day appointed for such election. On the day so ap- pointed an election shall be held for the vote of the qualified electors of the State upon the proposed amend- ments. If such election be held on the day of the gen- eral election, the officers of the general election shall 1630 Journal of Alabama open a poll for the vote of the qualified electors on the proposed amendments; if it be held on a day other than that of a general election, officers for such election shall be aiDpointed and the election shall be held in all things in accordance with the law governing general elections. In all elections upon such proposed amendments the votes cast thereat shall be canvassed, tabulated, and re- turns thereof made to the Secretary of State, and counted, in the same manner as in elections for Eepresentatives to the Legislature, and if it shall thereupon appear that a majority of the qualified elect- ors who voted at such election upon the proposed amend- ments voted in favor of the same, such amendments shall be valid to all intents and purposes as parts of this Con- stitution. The result of such election shall be made known by procamation of the Governor. Representa- tion in the Legislature shall be based upon population, and such basis of representation shall not be changed by constitutional amendment. 283. Upon the ballots used at all elections provided for in Sec. 282 of this Constitution, the substance or subject matter of each proposed amendment shall be so printed that the nature thereof shall be clearly indicated, fol- lowing each proposed amendment on the ballot shall be printed the words "Yes" and immediately under that shall be printed the words "No." The choice of the elector shall be indicated by a cross mark opposite the word expressing his desire, and no amendment shall be adopted unless it receives the affirmative vote of a ma- jority of all the qualified electors who voted at such election. 284. No convention shall hereafter be held for the purpose of altering or amending the Constitution of this State, unless after the Legislature, by a vote of a majority of all the members elected to each House, has passed an act or resolution calling a Convention for such purpose, the question of Convention or No Conven- tion shall be first submitted to a vote of all the qualified electors of the State, and approved by a majority of those voting at such election. No act or resolution of the Legislature calling a convention for the purpos(^ Constitutional Convention. 1681 of altering or amending tlie Constitution of this State shall be repealed except upon the vote of a majority of all the members elected to each House at the same ses- sion at which such act or resolution was passed; pro- vided, nothing herein contained shall be construed as re- stricting the jurisdiction and power of the Convention when duly assembled in pursuance of this section, to es- tablish such ordinances and to do and perform such things as to the Convention may seem necessary or proper for the purpose of altering, revising or amending the existing Constitution. 285. All votes of the Legislature upon proposed amendments to this Constitution, and upon bills or resolutions calling a Convention for the purpose of al- tering or amending the Constitution of this State shall be taken by yeas and nays and entered on the Journals. No act or resolution of the Legislature passed in accordance with the provisions of this article proposing amendments to this Constitution, or calling a conven- tion for the purpose of altering or amending the Con- stitution of this State shall be submitted for the ap- proval of the Governor, but shall be valid without his approval. Mr. deGraffenried offered the following amendment to Article XVIII, which was adopted : Amend Section 283, page 84, by inser-ting after the words "cross mark" in line six, the words "made by him or under his direction." On motion of Mr. White Article XVIII was adopted as amended. ARTICLE — SCHEDULE. In order that no injury or inconvenience may arisj from the alterations and amendments made by this Con- stitution to the existing Constiution of this State, and to carry this Constitution into effect, it is hereby or- dained and declared : 1632 Journal of Alabama First- — Tliat all laws in force at the ratification of this Constitution and not inconsistent therewith, shall re- main in full force, until altered or repealed by the Leg- islature ; and all rights, actions, prosecutions, claims and contracts of the State, counties, individuals or bodies corporate, not inconsistent with this Constitution, shall continue to be valid as if this Constitution liad not been ratified. Second — That all bonds executed by or to any officer of this State, all recognizances, obligations and all other instruments executed to this State, or any subdivision or municipality thereof, before the ratification of this Constitution, and all fines, taxes, penalties and forfeit- ures due and owing to the State, or any subdivision, or municix>alit3^ thereof; and all writs, suits, prosecu- tions, claims and causes of action, except as herein otherwise provided, shall continue and remain unaffected by the ratification of this Constitution. All indictments which have been found, or which may hereafter be found, for any crime or offense committed before the ratification of this Constitution, shall be proceeded upon in the same manner as if this Constitution had not been ratified. Third — That all the executive and judicial officers, and all other officers in this State, who were elected at the elections held in this State on the first Monday in August, in the years 1898 and 1900, or who have been ap- pointed since that time, and all members of the present General Assembly, and all who may hereafter be elected members of the present General Assembly, and all other officers holding office at the time of the ratification of this Constitution, except as otherwise provided in this Constitution, shall continue in office and exercise the duties thereof until their respective terms shall expire, as provided by the Constitution of 1875, or the laws of this State. Fourth — This Constitution shall be sul)mitted to the qualified electors of this State for ratification or re- jection, as authorized and required by an act of the Gen- eral Assembly of this State, entitled "an act to provide for holding a Convention to revise and amend the Con- stitution of this State," approved the 11th day of De- cember, 1900. ♦- Constitutional Convention. 1633 Fifth — That instead of the publication as required by the act to provide for holding a convention to revise and amend the Constitution, approved December 11, 1900, the Governor of this State is lierebj^ authorized to take sucli steps as will give general publicity and circulation to this Constitution in a manner as economical as prac- ticable. Sixth— The salaries of the Executive and Judicial and all other officers of this State who may be holding office at the time of the ratification of this Con- stitution, and the pay of the present members of the General Assembly, shall not be affected by the provisions of this Constitution. Mr. Williams, of Barbour, offered the following amendment to paragraph 4 of the Schedule, which was adopted: Amend the fourth paragraph of the Schedule by strik- ing out the period at the end thereof, and inserting a comma in lieu thereof; and by adding immediately there- after the following: ''And no elector shall be deprived of his right to vote at the election to be held for such purpose by reason of his not being registered." Mr. Craig offered the following amendment to Sec- tion 3 of the Schedule : Amend Section 3 by adding to the end thereof the fol- lowing words: "All laws and parts of laws inconsistent with this section are hereby repealed." On motion of Mr. Beddow the amendment was laid upon the table. Mr. Coleman, of Greene, offered the following amend- ment to Section 4 of the Schedule : "That he be a qualified voter, or become such, as pro- vided by existing law." On motion of Mr, White the amendment was laid upon the table. Mr. Sanford offered the following amendment to Sec- tion 5 of the Schedule : Amend Section 5 by adding the following: But such election upon the ratification of the Con- stitution shall not be held in less than thirty days fi'om 103 1634 Journal of Alabama the date of the proclamation of the Governor. On motion of Mr. Barefield the amendment was laid upon the table. Mr. Burns offered the following amendment to the Schedule : Nothing in this Constitution shall he construed as en- larging or increasing the powers of any corporation ; or of diminishing the authority of any railroad commission. On motion of Mr. Williams of Barbour, the amend- ment was laid upon the table. Mr. Boone offered the following amendment to Section 1 of the Schedule, which was adopted : Amend Section 1 of Schedule by inserting in the sixth line, between the words "counties, individuals," the words "municipal corporations." On motion the Schedule was adopted as amended. ADOPTION OP THE CONSTITUTION. On motion of Mr. Pillans the Constitution was adopted as a whole : Yeas, 98 ; nays, 10. YEAS. Messrs. President, Altman, Ashcraft, Barefield, Beavers, Bethune, Blackwell, Boone, Burns, Cardon, Carmichael (Colbert), Case, Chapman, Cobb, Coleman (Greene), .Coleman (Walker), Craig, Cunningham, Davis (beKalb), Davis ( Etowah )y Dent, deGraffenried, Duke, Eley, Eyster, Ferguson, Fletcher, Foster, Graham (Montgomery),. Graham ( Talladega ) . Grant, Grayson, Greer (Calhoun), Greer (Perry), naley, Heflin (Chambers), Heflin (I^andolph), Henderson, Constitutional Convention. 1635 Hinson, Hodges, Hood, Howell, Howze, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Montgomery), Jones (Wilcox), Kirk, Knight, Kyle, Ledbetter, Lomax, Long (Walker), Lowe (Jefferson), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Mai one, Martin, Merrill, Moody, Mnlkey, Murpliree, Norman, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, O'Rear, Palmer, Parker (Cullman), Pearce, Pettus, Pi Hans, Proctor, Keese, Reynolds ( Henry ) , Rogers (Lowndes), Rogers (Sumter), Sam ford, Sanders, Selheimer, Sentell, Smith (Mobile), Smith, Mac. A., Spragins, Stewart, Tayloe, Waddell, Walker, Watts, Weakley, Weatherly, Whiteside, Williams (Barbour), Williams (Marengo), Williams (Elmore), Winn— 98. NAYS. Messrs. Bartlett, Beddow, Byars, Cofer, Foshee, Phillips, Porter, • Spears, Studdard, White— 10. 1636 Journal of Alabama regular order. The Convention proceeded to the consideration of the regular order, which was ordinance 459. The ordinance 459 was read at length as follows, and adopted : Yeas, 91 ; nays, 0. An ordinance to appropriate $143.75 for the payment of C. B. Brown and the Alabama Printing Company for services performed for the State of Alabama for the use of the Constitutional Convention. Section 1. Be it ordained by the people of Alabama in Convention assembled, That there be and is hereby ap- propriated out of any moneys in the State Treasury not otherwise appropriated, the sum of 5{?143.75 to be paid the Alabama Printing Company and C. B. Brown for services performed for the State of Alabama for use of this Convention as follows : Sec. 2. The State Auditor is hereby directed to draw his warrant on the State Treasurer in favor of C. B. Brown for the sum of |30 for typewriting done by him for the Committee on Order, Consistency and Harmony of the Whole Constitution, and he, said Auditor, is also directed to draw his warrant on the State Treasurer in favor of the Alabama Printing Company for the sum of 1113.75 for printing 300 eopies of the report of said committee for the use of this Convention. YEAS. Messrs. President, Browne, Altman, Burns, Ashcraft, Byars, Banks, Cardon, Barefield, Carmichael (Colbert), Bartlett, Carnathon, Beavers, Case, Beddow, Chapman, Bethune, Cobb, Blackwell, Coleman (Greene), Boone, Coleman (Walker), Brooks, Craig, Constitutional Convention. 1637 Cunningham, Davis (DeKalb), Davis (Etowah), Dent, deGraffenried, Duke, Eyster, Ferguson, Fletcher, Foshee, Foster, Freeman, Gilmore, Glover, Graliaiu (Montgomery), Grant, Grayson, Greer (Calhoun), Greer (Perry), Heflin (Chambers), Heflin (Randolph), Hodges, Hood, Howell, Howze, In go, Jenkins, Jones (Bibb), Jones (Montgomery), Jones (Wilcox), Kniaht, Kyle, Ledbetter, Long (Walker), Lowe (Lawrence), McMillan (Baldwin), McMillan (Wilcox), M alone, Martin, Merrill, Miller (Marengo), Miller ( Wilcox j, Moody, IMurphree, O'Neal (Lauderdale), O'Neill, (Jefferson), Opp, O'Kear, Palmer, Parker (Cullman), Pnrker (Elmore), Pettus, Proctor, Reynolds (Henry), Rogers (Sumter), Samford, Sanders, Sollie, Spears, Spragins, Stewart, Waddell, Walker, White, Williams (Barbour), Williams (]Marengo), Williams (Elmore)— 91. ADJOURNMENT. On motion of Mr. Blackwell the Convention adjourned until 12 o'clock m. Mondav. 1638 Journal of Alabama EIGHTY-FIRST DAY. Convention Hall. Montgomery, Ala., Monday, September 2, 1901. The Convention met pursuant to adjournment. Prayer was offered by Eev. Mr. Bancroft ol We- tumpka. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constitute a quorum : Messrs. President, Altman, Ashcraft, Banks, Barefield, Bartlett, Beavers, Beddow, Bethune, Blackwell, Boone, Brooks, Bulger, Burnett, Burns, Byars, Cardon, Carmichael (Colbert), Carmichael (Coffee), Carnathon, Chapman, Cobb, Cofer, Coleman (Walker), Craig, Davis (DeKalb), Dent, deGraffenried, Eyster, Espy, Ferguson, Fitts, I'letcher, l-'oshee, Foster, Freejuan, Gil more, (i lover, Gi'aham (Montgomery), ( I raham ( Talladega ) , Grant, (rravson, Haley, Harrison, lleflin (Chambers), Ileflin (Randolph), llinson, Hood, Howell, . Inge, Jackson, Jenkins, Constitutional Convention. 1639 Jones (Bibb), Jones (Hale), Jones (Montgomery), Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Ledbetter, Leigh, Locklin, Lomax, Lowe (Jefferson), Lowe (Lawrence), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, Merrill, Miller ( INIarengo ) , Miller (Wilcox), Moody, Mulkey, Murphree, NeSmith, Norman, Norwood, Gates, O'Neal (Lauderdale), Opp, O'lJear, Palmer, Parker (Cnllman), Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Pitts, Porter, Reese, Renfro, Reynolds (Chilton), Robinson, Rogers (Lowndes), Rogers (Sumter), Sanders, Sanford, Searcy, Sellieimer, Sentell, Sloan, Smith (Mobile), Smith, Mac. A., Sollie, Spears, Spragins, Stewart, Tayloe, Thompson, Vaughan, Wnridell, Walker, Watts, Weakley, Weatherly. Whiteside, Williams ( Barbour) , Williams (Marengo), Wilson (Clarke), Winn— 125. LEAVE OF ABSENCE Was granted to Messrs. White, Reynolds of Henry, Coleman of Greene for to-day; Willett indefinitely on account of sickness. 1640 Journal of Alabama report of the committee on the journal. The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in : The Committee on the Journal beg leave to report that they have examined the Journal for the eightieth day of the Convention, and that the same is correct. Respectfull}^ submitted, John F. Proctor^ Chairman. RECORD OF VOTE. Mr. Espy arose and stated that he was away when the vote was taken on the adoption of the Constitution, and if he had been present he would have voted for its adoption. QUESTION OF PERSONAL PRIVILEGE. Messrs. Case, Harrison, Craig and Burns arose to questions of personal privilege, and proceeded to state their questions of personal privilege. ORDINANCES ON FIRST READING. The following ordinances were introduced, severally read one time at length, and referred to appropriate committees, as follows : Ordinance 463, by Mr. Carmichael, of Colbert : To provide for the payment of the Secretary of the Convention and his assistants for services to be rendered after the adjournment of the Convention. Whereas, The Secretary will be unable to complete the clerical work of the Convention before adjournment ; Therefore, Be it ordaind by the people of Alabama in Convention assembled, that the sum of .|200 or so much thereof as may be necessary be and tlie same is hereby ap- propriated to be paid to F. N. Juliitu, Secretary of the Convention, for compensation for services necessary to be rendered by him and his assistants after the adjourn- Constitutional Convention. 1641 ment of the Convention in completing the clerical work of the Convention. Be it further ordained that the Pi*esident of the Con- vention is hereby authorized after the adjournment of the Convention to certify the amount due to said Secre- tary to the State Auditor, who shall draw his Avarrant in favor of the said Secretary upon the State Treasurer for the amount so certified by the President. The ordinance Avas referred to the Committee on Schedule, Printing and Incidental Expenses. Ordinance 404, by Mr. Carmichael, of Colbert : To make an appropriation for the compensation of Robert Chapman, for the enrollment of the proposed Constitution. Be it ordained by the people of Alabama in Convention sembled. That the sum of |100 be and the same is here- by appropriated to pay Eobert Chapman for his services in enrolling the proposed new Constitution. Be it further ordained, That the President of this Con- vention be and he is hereby authorized to certify the amount due said Robert Chapman to the Auditor, who shall draw his warrant upon the Treasurer in favor of the said Robert Chapman. On motion of Mr. Carmichael of Colbert the rules were suspended and the above ordinance (464) was- adopted: Yeas, 89; nays, 6. YEAS. Messrs. President, Byars, Altman, Cardon, Ash craft, Carmichael (Colbert), Banks, Carmicliael (Coffee), Barefield, Cai-nathon, Beddow, Cobb, Bethune, Coleman (Walker), Blackwell, Craig, Boone, On vis (DeKalb), Brooks, Davis (Etowah), Bulger, Dent, Burnett, deGraffenried, Burns, 1642 Journal of Alabama Eley, Eyster, Espy, Fletcher, Foshee, Gilmore, Glover, ( xraliain ( Talladega ) , Grayson, Haley, Harrison, Heflin ( Chambers )j Heflin (Randolph), Hinson, Hood, Howell, Inge, Jenkins, Jones, (Bibb), Jones (Wilcox), Knight, Kyle, Ledbetter, I.eigh, Tyong (Walker), Macdonald, McMillan (Wilcox), Malone, Martin, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Murphree, Norman, Norwood, O'Neal (Lauderdale), Opp, O'Kear, Parker (Cullman), Pcaree, J\-t tus, Phillips, Pitts, IJeese, Kenfro, Robinson, Rogers (Lowndes), Sanders, Sanford, Searcy, Sentell, Smith (Mobile), Spears, Spragins, Thompson, Waddell, Walker, Weatherly, Whiteside, Williams (Barbour), Williams (Marengo), Wilson (Clarke), Winn— 89. Messrs. Bartlett, €ofer, Freeman, NAYS. Porter, Reynolds (Chilton), Sloan— 6. Constitutional Convention. 1643 resolutions on first reading. The following resolutions were introduced, severally read one time at length, and referred to appropriate committees as follows : Resolution 332, by Mr. Eyster : Whereas, The people are desirous of seeing both the old and new Constitution for the purpose of comparison, and Whereas, The princii)al cause of dissatisfaction in some parts of the State arises from a lack of knowledge of the difference between the two instruments, and as to which the people desire means of enlightenment] and Whereas, The cost of printing 100,000 copies would be only about 20 per cent, more than printing .50,000 copies. Therefore, Be it resolved. That all resolutions passed by this Convention in regard to printing the new Con- stitution l)e and the same are hereby repealed. Resolved further. That the President and Secretary be and the}' are hereb}' instructed to have printed for dis- tribution 100,000 copies of the new and old Constitution, in parallel columns in addition to the publication pro- vided for in the act calling this Convention. A sufficient sum of money not otherwise appropriated, is hereby ap- propriated to cover the cost of said printing, etc. The resolution was referred to the Committee on Schedule, Printing and Incidental Expenses. Resolution 333, by Mr. Gates: Whereas, The prime object of calling this Convention was to elevate the electorate and secure honest elections ; And whereas. It is rumored and predicted that ballot box stuffing aud dishonest counting will be resorted to in order to secure the ratification of the Constitution now completed and about to be submitted to the people for ratification, and Wliereas, A belief on the part of any considc number of our citizens, though erroneous, that its rati- fication by such means would cast a reflection upon the reform above referred to; therefore" . Resolved by the delegates of the people of the State in Convention assembled, That we recommend the election 1644 Journal of Alabama officers of the State to use every means to secure an hon- est and fair election, and honest returns of all votes cast for and against the ratification of this Constitution : Resolved, That the county officers whose duty it is to appoint inspectors and clerks of the election, to appoint at each polling place wherever practicable, one of the inspectors and one of the clerks who are opposed to the ratification, and who are white men and can read and write. The resolution was referred to the Committee on Rules. Resolution 334, by Mr. Cobb : Resolved, That on to-morrow immediately after the reading of the Journal, the roll of the Convention of those who failed to answer to their names on the call for the adoption of the whole Constitution be called that those absent delegates may have opportunity to record their vote. On motion of Mr. Cobb the rules were suspended and the above resolution (334) Avas adopted. REPORT OF STANDING COMMITTEES. Mr. Heflin, of Randolph, chairman of the Committee on Schedule, Printing and Incidental Expenses, called up for adoption report No. 34 : The report was read at length as follows : Mr. President : The Committee on Schedule, Printing and Incidental Expenses has instructed me to make tlie following par- tial L'eport, viz : The committee has audited the accounts hereto at- tached, and finds that the State of Alabama is charged by parties named in this report the amounts set opposite their names, for articles furnished said State for use of Constitutional Convention, all of said accounts are itemized, as shown l)y bills hereto attached. We find said State of Alabama charged by D. F. Gror- rie of Montgomery, Ala., |22.50. We find said State charged by Jos. S. AVing of Mont- gomery, Ala., 112.00. Constitutional Convention. 1645 We find said State charged by Teiinille Furniture Co., of Montgomery, Ala., |44.70. We find said tState charged by B. AVollT of IMontgom- ery, Ala., 112.75. We find said State charged by John L. Cobbs & Co., of Montgomery, Ala., |29 . 15. AVe find said State charged by A^'olf & Loeb, of Mont- gomery, Ala., |28.50. We find said State charged by Ellis & Gay, of Mont- gomery, Ala., 118.00. Your committee has carefully examined each account, and after a careful examination of each item named in said account, have come to the conclusion that many of tlie charges are excessive, and we recommend that tlie following named parties or firms be paid the following amounts : D. F. Gorrie, |17.50. Joseph S. Wing, |28.50. Tennille Furniture Company, |12 . 00 . B. Woltf, 111.00. John L . Cobbs & Co . , |20 . 00 . Wollf& Loeb, 125.00. Ellis & Gay, |10.00. Miss Mamie Offutt, $8.00. All of whicli is respectfully submitted, John T. IIeflin, Chairman Committee on Schedule, Printing and In- cidental Expenses. Mr. Heflin, of Randolph, chairman of the committee, offered the following amendment to the report: Amend the report of the committee by inserting the following : "John L. Cobb & Co., |29 . 15," in lieu of "John L. Cobb & Co., 120.00; Ellis & Gray, |18.00 in lieu of Ellis & Gray, flO.OO." Mr. deGraffenried offered the following amendment to the amendment offered by Mr. Heflin of Rnndolph : Amend the report by striking from the report all of the report after the figures "|8.00" and insert in lieu thereof the following : "It is recommended that the above amounts be paid." 1646 Journal of Alabama On motion of Mr. Heflin of Randolph the amendment offered bj Mr. deGraffenried was laid upon the table. The amendment offered by Mr. Heflin of Randolph was adopted. Mr. O'Neal of Lauderdale moved to table the report as amended. The motion was lost. • The question recurred upon the adoption of the report as amended. The report as amended was adopted : Yeas, 82 ; nays, 22. YEAS. Messrs. President, Graham (Talladega), Altman, Grant, Ashcraft, Haley, Barefleld, Harrison, Beavers, Heflin (Chambers), Beddow, Heflin (Randolph), Bethune, Hinson, Brooks, Inge, Bulger, Jackson, Burnett, Jenkins, Burns, Jones (Bibb), Byars, Jones (Wilcox), Cardon, Kirkland, Carmichael (Colbert), Knight, Carmichael (Coffee), Leigh, Carnathon, Lomax, Cofer, Lowe (Lawrence), Coleman (Walker), McMillan (Baldwin), Davis (DeKalb), Merrill, Davis (Etowah), Miller (Wilcox), Dent, Murphree, Eley, Norwood, Evster, Gates, Pitts, O'Neal (Lauderdale), Pletcher, Opp, Poshee, O'Rear, Preeman, Parker (Cullman), Glover, Parker (Elmore), Constitutional Convention. 1647 Pearce, Pettiis, Phillips, Pillans, Pitts, Porter, Renfro, Keynolds (Chilton), Robinson, I\oj;ers (J^owndes), Sanders, Sloan, Smith (Mobile), Smith, Mac. A., Spears, Spragins, Stewart, Studdard, Tayloe, Thompson, Vaughan, Walker, AVeakley, Weatherly, Whiteside, Wilson (Clarke) -82. NAYS. Messrs. Banks, Bartlett, Blaekwell, Chapman, Cobb, deGraffenried, Gilmore, Graham (Montgomery), Grayson, Hood, Ledbetter, Long (Walker), Macdonald, McMillan (Wilcox), Martin, Miller (Marengo), Mnlkey, NeSmith, Rogers (Sumter), Sanford, Sollie, Williams Barbour) — ^22. Mr. Spraggins, acting chairman of the Committee on Oredr, Consistency and Harmony of the Whole Consti- tution, submitted the following report, which was con- curred in : Mr. President: The Committee on Order, Consistency and Harmony of the Whole Constitution beg leave to report that ordi- nance No. 412, as to funding the bonded indebtedness of the State is in the hands of a subcommittee to be re- written, and that it will not "be ready to be reported to the Convention at the morning session. Your committee beg leave further to say that the St. Clair and Shelby county ordinance is in the hands of the 1648 Journal of Alabama Engrossing and Enrolling clerk, and your committee is unable to report back that ordinance at this session. Your committee further reports at the instance and request of the Enrolling Committee that the original parchment draft of the whole Constitution will not be ready to be submitted to the Convention until 9 o'clock to-morrow morning. Robert E. Spragins^ Acting Chairman. RECESS. The hour of 1 o'clock having arrived, under the rules the Convention recessed until 3 :30 this afternoon. AFTERNOON SESSION. The Convention met pursuant to adjournment. ROLL CALL. On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum : Messrs. President, Cbnpman, Altman, Cobb, Banks, Coleman (Walker), Rarefield, <^raig, Bartlett, Davis (Etowah), Beavers, Dent, Beddow, rleGraffenried, Blackwell, Eley, Boone, Evster, Brooks, Espy, Bulger, Fitts, Burns, Fletcher, Byars, Foster, Carraichael (Colbert), Freeman, Carmichael (Coffee), Cilmore, Carnathon, Clover, Cgse, Craham (Talladega), Constitutional Convention, 1649 Grayson, Palmer, Haley, Parker (Cullman), Harrison, Parker (Elmore), lleflin (Randolph), Pettus, Hinson, Phillips, rioud Pillans, Howze, Pitts, Inge, Porter, Jenkins, Ueese, Jones (Bibb), Kenfro, Jones (Wilcox), Reynolds (Chilton), Kirk. Rogers (Lowndes), Kirkland, Sanders, Knio'ht, Selheimer, Kyle, Smith (Mobile), Ledbetter, Smith, Mac. A., Leigh, Spears, Long (Walker), Spragins, Lowe (Lawrence), Stewart, McMillan (Baldwin), Tayloe, McMillan (Wilcox), Thompson, Malone, Vaughan, Martin, Wad^dell, Merrill, Walker, Miller (Marengo), W^atts, Murphree, Weakley, l^orman, Weatherly, Norwood, Whiteside, NeSmith, AVilliams (Marengo), Norman, Wilson (Clarke) Oates, Winn— 96. O'Rear, EEPORT OP THE COMMITTEE ON ORDER, CONSISTENCY AND HARMONY OF THE WHOLE CONSTITUTION. Mr. Spragins, acting chairman of the Committee on Order. Consistency and Harmony of the Whole Constitu- tion, offered the following amendment to constitute a new section to the Article on ]\riscellaneous Provisions, which was adopted by unanimous consent : The amendment was read at length as follows : 104 1650 Journal of Alabama Sec. 283. The act of the General Assembly of Alabama entitled "An act to consolidate and adjust the bonded debt of the State of Alabama," approved Feb. 18, 1895, and an act amendatory thereof entitled "An act to amend Section 6 of an act to consolidate and adjust the bonded debt of the State of Alabama, approved Feb. 18, 1895," which said last named act was approved Feb. 16, 1899, are hereby made valid, and both of said acts shall have the full force and effect of law, except in so far as they authorize the redemption before maturity of the bonds authorized by said acts to be issued. The Governor is authorized and empowered to act under the same and to carry out all of the provisions thereof; provided, that the bonds authorized to be issued by said acts and issued thereunder may be made payable at any time, not exceed- ing fifty years from the date thereof, and shall not be redeemable until their maturity. REPORT OF STANDING COMMITTEES. Mr. Smith, of Mobile, acting chairman of the Com- mitte on Rules, reported favorably resolution 230, which was read at length as follows, and adopted : Eesolution 230, by Mr. Harrison: Eesolved, That the Secretary of this Convention be and he is hereby instructed to deposit report and index of the Convention in the libraries of the following insti- tutions in this State, to-wit: One at the University of Alabama, one at the Alabama Polytechnic Institute, one at the Southern University, one at Howard College, one at Spring Hill College, and one at the Normal College at Florence; and the Girls' Industrial School at Monte- vallo, and also at the Normal College at Troy. Mr. Smith, of Mobile, chairman of the Committee on Judiciary, reported adversely ordinance 460, which was laid upon the table. Mr. Spragins, acting chairman of the Committee on Order, Consistency and Harmony of the Constitution, submitted the following amendment, whicli was adopted by unanimous consent : The amendment was read at length as follows : Constitutional Convention. 1651 The Committee on Order, Consistency and Harmony of the Constitution recommend tliat ordinance 390 here- tofore adopted by this Convention he amended as fol- lows : Strike from the last line on page 1 and the first line on page 2 of said ordinance the following words: "That portion of said St. Clair county which lies south and southeast of Back Bone Mountain," and insert where said words occur, the following : "The above mentioned precincts of St. Clair county." Also strike from the fourth and fifth line from the bottom of the third page of said ordinance the following words : "Court house or.'^ Also strike from said ordinance the following figures : "8, 9 and 13," wherever they ocur in said ordinance as re- lating to Shelby county. Also strike from the seventh, eighth and ninth lines, page 2, the following words : "that part of St. Clair county which lies north and northwest of said Back Bone Mountain," and insert in lieu thereof the folloAving: "Said St. Clair county outside of the above named beats." KOBERT E. Spragins, Acting Chairman. Mr. Spragins, acting chairman of the Committee on Order, Consistency and Harmony of the Whole Consti- tution, also submitted the following report, which was concurred in : Mr. President: The Committee on Order, Consistency and Harmony herewith return ordinance 412, to which the same a ; engrossed was referred, with the recommendation that the same be amended as indicated by this committee. The ordinance as recommended to be amended is hereto at- tached and made a part of this report. Rob ert E. Spragins^ Acting Chairman. Ordinance 412 : An ordinance relating to the bonded indebtedness of the State. Be it ordained by the people of the State of Alabama in Convention assembled : 1652 Journal of Alabama Section 1. That an act of the General Assembly of Alabama entitled ''An act to consolidate and adjust tlie bonded debt of the State of Alabama,'' approved Febru- ary IStli, 1895, and an act amendatory thereto entitled "An act to amend Section 6 of an act to consolidate and adjust the bonded debt of the State of Alabama," ap- proved February 18, 1895, which said last named act was ajjproved February 16, 1899, be and the same are iereby made valid, and both of said acts shall have the full force and effect of law. The Governor is authorized and empowered to act under the same and to carry out the provisions thereof, provided that the bonds men- tioned in said act and issued thereunder may be made payable at any time, not exceeding fifty years from the date thereof, and shall not be redeemable until their ma- turity. Sec. 2. Be it further ordained that this ordinance vShall take effect from and after its passage. RECONSIDERATION. Mr. Gilmore moved to reconsider the vote whereby the report of the Committee on Schedule, Printing and In- cidental Expenses was adopted on yesterday, and moved that the rules be suspended in order that the motion might be considered at once. The motion to suspend the rules was lost, and the motion to reconsider goes over until to-morrow. REPORT OF THE COMMITTEE ON SCHEDULE, PRINTING AND INCIDENTAL EXPENSES. Mr. Heflin, of Randolph, chairman of the Committee on Schedule, Printing and Incidental Expenses, sub- mitted the following report, which was laid upon the table, to be considered to-morrow : Mr. President'. The Committee on Schedule, Printing and Incidental Expenses has instructed me to make this, our final, re- port : Constitutional Convention. 1653 The committee has carefully considered all ordinances, resolutions, accounts and petitions which were referred to said committee, most of said accounts were allowed, some were scaled, and few Avere not allowed. We here- with return to the Convention all ordinances, resolu- tions, petitions, etc., that were referred to said com- mittee. The committee has audited the accounts hereto at- tached, and finds that the State of Alabama is indebted to Marshall & Bruce, of Nashville, Tenn., in the sum of 17.00. We find that said State is indebted to the Brown Printinji' Co., of Montgomery, Ala., in the sum of |207.50. We find that said State is indebted to the Ed. C. Fow- ler Co., of Montgomery, Ala,, in the sum of |64.40. We find that said State is indebted to the Montgomery- Advertiser, of Montgomery, Ala., in the sum of |.75. We fiud that aaid State is indebied to Robert Hasson, doorkeeper, in the sum of |6.10. We find the said State is indebted to Jos. S. Wing, of Montgomery, Ala., in the sum of |6.70. All of the above amounts are for printing done, and for articles furnished the State of Alabama for use of the Constitutional Convention, and all of the above accounts are itemized as shown by bills hereto attached. Total amount $292. 45, and we recommend the payment of the same, all of which is respectfully submitted, John T. Heflin^ Chairman. Mr. Heflin, of Randolph, also reported favorably reso- lution 301, with an amendment. The resolution was read at length as follows: Resolution 301, by Mr. Rogers, of Lowndes : Resolved, That after this Convention has adopted this Constitution that 5,000 copies of it be printed in pamph- let form, for distribution throughout the State, and that six copies be sent to each member by the Secretary of the Convention; that the Committee on Printing be in- structed to contract for the printing and distribution of the same, and report to the Convenion the cost of the same. The amendment was read at length as follows: 1654 Journal of Alabama Amend resolution by inserting 50,000 in lieu of 5,000, and insert 200 in lieu of six. Mr. Eyster offered the following substitute for the resolution and amendment : Whereas, the people are desirous of seeing both the old and new Constitution for the purpose of compari- son; and Whereas, The principal cause of dissatisfaction in some parts of the State arises from a lack of knowledge of the differences between the two instruments, and as to which the people desire means of enlightenment, and Whereas, The cost of printing 100,000 copies would be only about 20 per cent, more than printing 50,000 copies ; Therefore, be it resolved, That all resolutions hereto- fore passed by this Convention in regard to printing the new Constitution be and the same are hereby repealed ; Eesolved further, That the President and Secretary be and they are hereby instructed to have printed for dis- tributiou 100,000 copies of the new and the old Constitu- tion, in parallel columns, in addition to the publication provided for in the act calling this Convention. A suffi- cient sum of money not otherwise appropriated, is here- by appropriated to cover the cost of said printing, etc. On motion of Mr. Heflin of Randolph, the substitute offered by Mr. E^^ster was laid upon the table. On motion of Mr. Rogers of Sumter the resolution and amendment were laid upon the table. PRIVILEGES OF THE FLOOR. On motion the privileges of tlie floor were extended to Hons. L. P. Troup and John W. Inzer. ADJOURNMENT. On motion of Mr. BarefieUl tlie Convention adjourned until 9 o'clock to-morrow morninir. Constitutional Convention. 1655 EIGHTY-SECOND DAY. Convention Hall. Montgomery, Ala., Tuesday, September 3, 1901. The Convention met pursuant to adjournment. Prayer was offered by Rev. Mr. Marshal of the city. ROLL CALL. On a call of the roll delegates answered to a quorum : Messrs. President, Almon, Altman, Ashcraft, Banks, Barefield, Bartlett, Beavers, Beddow, Bethune, Blackwell, Boone, Brooks, Browne, Bulger, Burnett, Burns, Byars, Cardon, Carmichael (Colbert), Carmiehael (Coffee), Carnathon, Case, Chapman, Cobb, Cofer, Coleman (Greene), of the Convention the following their names, which constituted Coleman (Walker), Craig, Cunningham, Davis (DeKalb), Davis (Etowah), Dent, deGraffenried, Duke, Eley, Eyster, • ■ Espy, Ferguson, Fitts, Fletcher, Foshee, Foster, Freeman, Gilmore, Glover, Graham (Montgomery), Graham (Talladega), Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, 1656 Journal of Alabama Heflin (Chambers), Heflin (Randolph), Hend2rson, Hinson, Hodges, Hood, Howell, Howze, Inge, Jackson, Jenkins, Jones, (Bibb), Jones (Hale), Jones (Montgomery),. Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Ledbetter, Leigh, Lomax, Long (Walker), Lowe (Jefferson), Lowe (Lawrence), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, :Maxwell, Merrill, Miller (Marengo), Miller (Wilcox), Moody, Mulkey, Mnrphree, NeSmith, Norman, Norwood, Gates, O'Neal (Lauderdale), O'Neill (Jefferson), Opp, O'Rear^ Palmer, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Phillips, Pillans, Pitts, Porter, Proctor, Reese, Renfro, Keynolds ( Chilton )> Reynolds (Henry), Robinson, Rogers (Lowndes), Rogers (Sumter), Sam ford, Sanders, Sanford, Searcy, Selheimer, Sentell, Sloan, Smith (Mobile), Smith, Mac. A., Smith, Morgan M., Sollie, Sorrell, Spears, Spragins, Stewart, Studdard, Tayloe. Thompson, Vaughan, Waddell, Constitutional Convention. 1657 Walker, Williams (Barbour), Watts, Williams (Marengo), Weakley, Wilson (Clarke), Weatherly, Wilson (Washington), White, A^'iun— 147. Whiteside, REPORT OF THE COMMITTEE ON THE JOURNAL. The chairman of the Committee on the Journal sub- mitted the following report, which was concurred in: The Committee on the Journal beg leave to report that they have examined the Journal for the eightj^-flrst day of the Convention, and that the same is correct. Respectfully submitted, Massey Wilson, Acting Chainnan. RECONSIDERATION. Mr. Gilmore moved to reconsider the vote whereby the report of the Committee on Schedule, Printing and In- cidental Expenses was adopted on yesterday. Mr. Heflin of Randolph moved to table the motion of Mr. Gilmore. The motion prevailed, and the motion to reconsider was laid upon the table. STENOGRAPHIC REPORT. Mr. Gates called the attention of the Convention to certain errors in the stenographic report of the proceed- ings of 5'esterday. The report was ordered corrected. RESOLUTIONS. The following resolutions were introduced, the rules- eusiiended, and the resolutions were adopted : Resolution 335, by Mr, Sanford : Resolved, That when the enrolled copy of the Consti- tution is ready for signature, the clerk shall call the roll of the members, who shall sign the Constitution irb alphabetical order. 1658 Journal of Alabama ^ Kesolution 336, by Mr. Weatherly : Whereas, The Hon. John B. Knox has presided over the deliberations of this body with untiring zeal, with un- failing courtesy, and conspicuous ability; and Whereas, Both as President and member of this Con- vention he has, by wise counsel, and the application of statesmanlike qualities to the work of the Convention, most effectively aided in the attainment of the object for which the Convention was called; Therefore, resolved. That the thanks of this Conven- tion and the delegates thereof and of the people of Ala- bama are hereby tendered to the Hon. John B. Knox for his distinguishd services to the people of Alabama as President and member of the Convention ; Resolved further, That this resolution be spread upon the Journal, and that a specially engrossed copy of the same be prepared by the enrolling clerk and be pre- sented to Mr. Knox, as a memorial of the high esteem in which he is held by the delegates of this Convention. Kesolution 337, by Mr. Waddell : Resolved, by the Constitutional Convention of the State of Alabama, That the thanks of this Convention be ^nd the same are hereby tendered to the clerical force of this Convention for their prompt and efficient dis- charge of all duties incumbent upon them; Resolved further. That this resolution be spread upon the Journal of this Convention. Resolution 338, by Mr, Lomax : Resolved, That the thanks of this Convention are due and are hereby tendered to the official stenographer and the associate stenographers for the accurate reports of the daily proceedings of the Convention, and for their uniform courtesy and kindness they have exhibited toward each and every member of the Convention. Resolution 339, by'Mr. Howell: Resolved, That the sincere thanks of this Convention are due and are hereby tendered to the ministers of the city for their faithful attendance and conducting re- ligious services at the opening of the daily sessions of this Convention, and that we will carry to our homes the kindest memories of their devout prayers daily of- Constitutional Convention. 1659 fered up to the Great Dispenser of all blessings in our behalf. Resolution 340, by Mr, Rogers of Lowndes : Resolved, That the Secretary of this Convention be instructed to mail four copies of the stenographic re- port of this day's proceedings of the Convention to each member of this body. Resolution 341, by Mr. Watts: Be it resolved, That the thanks of this Convention are due and are hereby tendered to the ladies of the White House Association for their attendance at all times with something to the inner man upon the sittings of the Con- vention, for having always ready that greatest comfort to man — the cigar; and most of all, for the unvarying sweetness, kindness and womanly conduct which has marked their course. Resolved second. That a copy hereof be spread upon the minutes of this Convention and a copy sent to the Secretary of this Convention to the President of the White House Association. Resolution 342, by Mr. Greer, of Calhoun : Resolved, That the thanks of this Convention are hereby tendered to the doorkeeper and to the pages of this Convention for their efficient services during the long and arduous sessions of this Convention. Resolution 343, by Mr. Pettus : Whereas, The Hon. W. P. Herbert, assistant secretary of this Convention, has, by his courteous conduct and the conscientious discharge of his duties, won the esteem of every delegate on the floor ; and Whereas, He is entitled to the thanks of tliis Conven- tion for his faithful services; therefore be it Resolved, that this Convention recognizes in the Hon. W. P. Herbert, assistant secretary, a faithful and con- scientious official, and the thanks of this Convention be and the same are hereby tendered him for his efficient services. Resolution 344, by IMr. Harrison: Whereas, A number of the delegates to this Conven- tion are unavoidably absent to-day and desire to sign the Constitution as adopted ; therefore be it 1660 Journal of Alabama Kesolved, That the Secretary of the Convention be authorized and instructed to allow any delegate who so desires to sign the same at any time within ten days after adjournment. SPECLIL ORDER. Under the resolution adopted on yesterday, the Con- vention proceeded to the consideration of the special order, which was the calling of the names of the dele- gates absent and not voting on the adoption of the Con- stitution on last Saturday. The following delegates voted aye : YEAS. Messrs. Aim on, Banks, Beddow, Brooks, Browne, Bulger, Burnett, Carmichael (Coffee), Carnathon, Espy, Fitts, Gilmore, Glover, Handley, Harrison, Jones (Hale), Kirkland, Leigh, Lowe (Lawrence), Maxwellj Merrill, NeSmith, Norwood, Gates, Parker (Elmore), Pitts, Kenfro, Robinson, Sanford, S^earcy, Smith, Morgan M., Sollie, Sorrell, Thompson, Vaughan, AVeatherly, Wilson (Clarke), Wilson ( Washington ) — 38. The following delegates voted nay : Messrs. Freeman, Sloan — 3. Reynolds (Chilton), CHANGE OF VOTE. By unanimous consent Mr. Beddow was allowed to change his vote on the adoption of the Constitution from nay to aye. Constitutional Convention. 1661 PRIVILEGES OF THE FLOOR. On motion of Mr. Barefield the privileges of the floor were extended to the State Democratic Executive Com- mittee. ORDINANCE. Mr. Pitts introduced tlie following ordinance. The rules were suspended and the ordinance was adopted: Yeas, 125; naj^s, 0. • Ordinance 465, by Mr. Fitts: Be it ordained by the people of Alabama in Conven- tion assembled, That there is hereby set aside and appro- priated out of the money in the State Treasury not other- wise appropriated, the sum of |1,000, to be used and expended by the Governor or under his direction in giv- ing publicity to the Constitution in order that the peo- ple may intelligently pass upon the ratification of the same. YEAS. "Messrs. President, \ltman. Ash era ft, "Ranks, Barefield, Reavers, Reddow, Black well, Roone, '"^roolvS, Rrmvne, BnlcTpr, Burnett, Rnrns, •^ardon. Onrmichnel (Colbert), 'Tarmichael (Coffee), Carnathon, Case, Chapman, Cobb, Coleman (Greene), Cunningham, Davis (DeKalb), Davis (Etowah), Dent, deGraffenried, Duke, Eley, Evster, Espy, Ferguson, Fitts, Fletcher, Foshee, 1662 Journal of Alabama Foster, Gilmore, Glover, Graham (Montgomery), Graham (Talladega), Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflln (Chambers), Heflin (Randolph), Henderson, Hinson, Hodges, Howell, luge, Jackson, Jenkins, Jones (Bibb), Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Leigh, Lomax, Long (Walker), Lowe (Jefferson), Lowe (Lawrence), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Mai one, ]\rartin, Merrill, ^Miller (Marengo), :\ril]er (Wilcox"), Moody, Mulkey, Murphree, NeSmith, Norwood, Gates, O'Neal (Lauderdale), Opp, O'Rear, Parker (Cullman), Parker (Elmore), Pearce, Peltus, Pilians, Pitts, Porter, Renfro, . Reynolds ( Chilton ), Reynolds (Henry), Robinson, Rogers (Lowndes), Rogers (Sumter), Sanders, Sanford, Searcy, Selheimer, Sentell, Sloan, Smith (Mobile), Smith, Mac. A., Smith, Morgan M., Sollie, Sorrell, Spragins, Stewart, Tayloe, Thompson, Vaughan, Waddell, Walker, Watts, Weakley, Weatherlj, Constitutional Convention. IQQ^ Whiteside, Wilson (Clarke), Williams (Barbour), Wilson (Washington), Williams (Marengo), Winn — 125. Williams (Elmore), REPORT OF COMMITTEE ON ENROLLMENT. Mr. Carmichael, of Colbert, chairman of the Com- mittee on Enrollment, submitted the following report, which was concurred in : Mr. President : The Committee on Enrollment of the Constitution beg leave to report that the proposed Constitution of the State of Alabama has been correctly and properly en- rolled, the same is submitted herewith for the action of the Convention. A. H. Carmichael^ Chairman, Thereupon the Constitution was taken up and read at length as follows, and the same was signed by the Presi- dent, and attested by the Secretary, and immediately the roll of the Convention was called, and the delegates whose names appear upon the Constitution came for- ward and signed the Constitution: CONSTITUTION OP THE STATE OF ALABAMA. 1901. We, the people of the State of Alabama, in order ta establish justice, insure domestic tranquillity and se- cure the "blessings of liberty to ourselves ancl our pos- terity, invoking the favor and guidance of Almighty God, do ordain and establish the following Constitution and form of government for the State of Alabama : 1664 Journal of Alabama ARTICLE I. DECLARATION OF RIGHTS. That the great, general and essential principles of liberty and free government may be recognized and es- tablished, we declare: 1. That all men are eqnallj^ free and independ- ■ent; that they are endowed by their Creator with cer- tan inalienable rights; that among these are life, lib- erty and the pursuit of happiness. 2. That all political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit; and that, therefore, they have at all times an inalienable and indefeasible right to change their form of government in such man- ner as they may deem expedient. 3. That no religion shall be established by law; that no preference shall be given by law to any religious sect, society, denomination or mode of worship; that no one shall be compelled by law to attend any place of wor- ship ; nor to pay any tithes, taxes or other rates for building or repairing any place of worship, or for main- taining any minister or ministry; that no religious test shall be required as a qualification to any office or pub- lic trust under this State; and that the civil rights, privileges and capacities of any citizen shall not be in any manner affected by his religious principles. 4. That no law shall ever be passed to curtail or re- strain the liberty of speech or of the press; and any person may speak, write and publish his sentiments on all subjects, being responsible for the abuse of that lib- erty. 5. That the people shall be secure in their persons, houses, papers and possessions from unreasonable seiz- ure or searches, and that no warrants shall issue to search any place or to seize any person or thing without probable cause, supported by oath or affirmation. 6. That in all criminal prosecutions, the accused has a right to be heard by himself and counsel or either; to ■demand the nature and cause of the accusation; and to have Constitutional Convention. 1665 a copy thereof; to be confronted by the witnesses against him; to have compulsory process for obtaining witnesses in his favor ; to testify in all cases, in his own behalf, if he elects so to do ; and, in all prosecutions by indictment, a speedy, public trial, by an impartial jury of the county or district in which the offense was com- mitted; and he shall not be compelled to give evidence against himself, nor be deprived of life, liberty or property except by due process of law; but the Legislature may, by a general law, provide for a change of venue at the instance of the defendant in all prosecutions b}^ indictment, and such change of venue on application of defendant, may be lieaid and determined without the personal pres- ence of the defendant so applying therefor; i>7-o- vided that at the time of the application for the change of venue the defendant is imprisoned in jail or some legal place of confinement. 7. That no person shall be accused or arrested, or detained except in cases ascertained by law, and accord- ing to the form which the same has prescribed; and no person shall be punished but by virtue of a law estab- lished and promulgated prior to the offense and legally applied. 8. That no person shall, for any indictable offense, be proceeded against criminally, by information, except in cases arising in the militia and volunteer forces when in actual service, or when assembled under arms as a uiilitary organization, or by leave of the court, for mis- feasance, misdemeanor, extor-tion and oppression in office '»»therwise than is provided in this Constitution; provided that in cases of misdemeanor, the Legislature may, by law, dispense with a Grand Jury, and author- ize such prosecutions and proceedings before Justices of the Peace or such other inferior courts as may be by law established. 9. That no person shall, for the same offense, be twice put in jeopardy of life or limb; but courts may, for reasons fixed by law, discharge juries from the con- sideration of any case, and no person shall gain any ad- 1®5 1666 Journal of Alabama vantage by reason of such discharge of the Jur}-. 10. That no person shall be barred from prosecuting or defending before any tribunal in this State, by him- self or counsel, any civil cause to which he is a party. 11. That the right of trial by jury shall remain in- violate. 12. That in all prosecutions for libel or for the publi- cation of papers investigating the official conduct of officers or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence; and that in all indict- ments for libel, the jury shall have the right to deter- mine the law and the facts under the direction of the court. 13. That all courts shall be open ; and that every per- son, for any injury done him, in his lands, goods, person or reputation, shall have a remedy by due proeess of law ; and right and justice shall be administered without sale, denial or delay. 14. That the State of Alabama shall never be made a defendant in any court of law or equity. 15. That excessive fines shall not be imposed, nor cruel or unusual punishments inflicted. 16. That all persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great ; and that excessive bail shall not in any case be required. 17. That the privilege of the writ of habeas corpus shall not be suspended by the authorities of this State. 18. That treason against the State shall consist only in levying war against it, or adhering to its ene- mies, giving them aid and comfort; and that no person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or his own con- fession in open court. 19. Tliat no person shall be attainted of treason by the Legislature; and no conviction shall work corruption of blood or forfeiture of estate. 20. That no person shall be imprisoned for debt. 21. That no power of suspending laws shall be exer- cised except by the Legislature. Constitutional Convention. 1667 22. Tliat no e-x- post facto law, nor any law, impairing the obligation of contracts, or making any irrevocable or exclusive grants of special privileges or immunities, shall be passed by the Legislature; and every grant of a franchise, privilege or immunity, shall for- ever remain subject to revocation, alteration or amend- ment. 23. That the exercise of the right of eminent domain shall never be abriged nor so construed as to prevent the Legislature from taking the property and franchises of incorporated companies and subjecting them to public use in the same manner in which the property and fran- chises of individuals are taken and subjected, but private property shall not be taken for or applied to public use unless just compensation be first made therefor ; nor shall private property be taken for private use or for the use of corporations, other than municipal, without the consent of the owner; provided, however, the Legis- lature may by law secure to persons or corporations the right of way over the lands of other persons or cor- porations, and by general laws provide for and regulate the exercise by persons and corporations of the rights herein reserved; but just compensation shall, in all cases, be first made to the owner ; and, provided that the right of eminent domain shall not be so construed as to allow taxation or forced subscription for the benefit of railroads or any other kind of corporations, other than municipal, or for the benefit of any individual or asso- ciation. 24. That all navigable waters shall remain forever public highways, free to the citizens of the State and the United States, without tax, impost or toll ; and that no tax, toll, impost or wharfage shall be demanded or re- ceived from the owner of any merchandise or commodity for the use of the shores or any wharf erected on the shores, or in or over the waters, of any navigable stream, unless the same be expressly authorized by law. 25. That the citizens have a right, in a peaceable manner, to assemble together for the common good, and to apply to those invested with the power of govern- ment for redress of grievances or other purposes, by pe- tition, address or remonstrance. 1668 Journal of Alabama 26. That every citizen has a right to bear arms in defense of himself and the State, 27. That no standing army sliall be kept up with- out the consent of the Legislature, and, in that case, no appropriation for its support shall be made for a longer term than one year ; and the military shall, in all cases, and at all times, be in strict subordination to the civil power. 28. That no soldier shall, in time of peace, be quar- tered in any house vidthout the consent of the owner; nor, in time of war, but in a manner to be prescribed by law. 29. That no title of nobility or hereditary distinction, privilege, honor or emolument shall ever be granted or conferred in this State; and that no office shall be created, the appointment to which shall be for a longer time than during good behavior. 30. That immigration shall be encouraged; emigra- tion shall not be prohibited, and no citizen shall be exiled. 31. That temporary absence from the State shall not cause a forfeiture of residence once obtained. 32. That no form of slavery shall exist in this State; and there shall not be any involuntary servitude, other- wise than for the punishment of crime, of which the party shall have been duly convicted. 33. The privilege of suffrage shall be protected by laws regulating elections, and prohibiting, under ade- quate penalties, all undue influences from power, brib- ery, tumult or other improper conduct. 34. Foreigners who are, or who may hereafter become bona fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment and inheri- tance of property, as native born citizens. 35. That the sole object and only legitimate end of government is to protect the citizen in the enjoyment of life, liberty and property, and when the government assumes other functions, it is usurpation and oppres- sion. 36. That this enumeration of certain rights shall not impair or deny others retained by the people; and, to Constitutional Convention. 1669 guard against any encroachments on the rights herein retained, we declare that everything in this Declaration of Rights is excepted out of the general powers of gov- ernment, and shall forever remain inviolate. ARTICLE II. STATE AND COUNTY BOUNDARIES. 37. The boundaries of this State are established and declared to be as follows, that is to say: Beginning at the point where the thirty-first 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, thence west along the southern boundary line of the State of Tennessee, crossing the Tennessee river, and on to the second intersection of said river by said line, thence up said river to the mouth of Big Bear creek ; thence by a direct line to the north- west corner of Washington county, in this State, as ori- ginally formed ; thence southerly along the line of the State of Mississippi to the Gulf of Mexico ; thence east- wardly, including all islands within six leagues of the shore, to the Perdido river ; thence up the said river to the beginning; provided, that the limits and jurisdiction of this State shall extend to and include any other land and territory hereafter acquired, by con- tract or agreement with other States or otherwise, although such land and territory are not included with- in the boundaries hereinbefore designated. 38. The boundaries of the several counties of this State, as they now exist, are hereby ratified and con- firmed. 30. Tlte liCgislature may by a vote of two-thirds of each House thereof arrange and designate boundar- ies for the several counties of this State, which boun- daries shall not be altered, except by a like vote; but no new county shall be formed hereafter of less extent than six hundred square miles, and no existing county shall be reduced to less than six hun- dred square miles; and no new county shall be 1670 Journal of Alabama formed unless it shall contaiu a sufficient num- ber of inhabitants to entitle it to one Repre- sentative 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 num- ber of inhabitants to entitle such county or counties, each, to separate representation; provided, that oat of the counties of Henry, Dale and Geneva a new county of less than six hundred square miles may be formed under the provisions of this article, so as to leave said counties of Henry, Dale and Geneva with not less than five hundred square miles each. 40. No county line shall be altered or changed, or in the event of the creation of new counties shall be established, so as to run within seven miles of the county court house of any old county. 41. No court house or county site shall be re- moved exce]3t by a majority vote of the qualified electors of said county, voting at an election held for such purpose, and when an election has once been held no other election shall be held for sucli purpose until the ex- piration of four years ; provided, that the county site of Shelby county, shall remain at Columbiana, un- less removed by a vote of the people, as pro- vided for in an act entitled "An act to pro- vide for the permanent location of the county site of Shelby county, Alabama, by a vote of the qualified electors of said county," approved the 9th day of Feb- ruary, 1899, and the act amendatory thereof, api)roved the 20th day of February, 1899, or by an election held under the provisions of this article, ARTICLE III. DISTRIBUTION OF POWERS OF GOVERNMENT. 42. The powers of the government of the State of Alabama shall be divided into three distinct depart- ments, each of which shall be confided to a separate body of magistry, to-wit : Those who are legislative, Constitutional Convention. 1671 to one ; those which are executive to another ; and those which are judicial to another. 43. In the government of this State, except in the in- stances in this Constitution hereinafter expressly di- rected or permitted, the legislative department shall never exercise the executive and judicial powers, or either of them; the executive shall never exercise the legislative and judicial powers, or either of them; the judicial shall never exercise the legislative and execu- tive powers, or either of them ; to the end that it may be a government of laws and not of men. ARTICLE IV. LEGISLATIVE DEPARTMENT. 44. The legislative power of this State shall be vested in a Legislature, which shall consist of a Sen- ate and a House of Kepreseiitatives. 45. The style of the laws of this State shall be: "Be it enacted hy the Legislature of Alabama," which need not be repeated, but the act shall be divided into sections for convenience, according to substance, and the sections designated merely by figures. Each law shall contain but one subject, which shall be clearly expressed in its title, except general appro- priation bills, general revenue bills, and bills adopting a code, digest, or revision of statutes; and no law shall be revived, amended or the provisions thereof extended or conferred, b}^ reference to its title only ; but so much thereof as is revived, amended, extended, or conferred, shall be reenacted and published at length. 46. Senators and Representatives shall be elected by the qualified electors on the first Tuesday after the first Monday in November unless the Legislature shall change the time of holding elections and in every fourth year thereafter. The terms of office of the Senators and Representatives shall commence on the day after the general election at which they are elected, and expire on the day after the general election held in the fourth year after their election, except as otherwise provided in 1672 Journal of Alabama this Constitution. At the general election in the year nineteen hundred and two all the Eepresenta- tives, together with the Senators for the even numbered districts and for the Thirt3'-fifth dis- trict, shall be elected. The terms of those Senators who represent the odd numbered districts under the law in force prior to the ratification of this Constitution, are hereby extended until the day after the general elec- tion in the years nineteen hundred and six; and until the expiration of his terms as hereinbefore extended, each such Senator shall represent the district established by this Constitution, bearing the number cor- responding with that for which he was elected. In the year nineteen hundred and six, and in every fourth year thereafter, all the Senators and Representatives shall be elected. Whenever a vacanc}' shall occur in either House the Governor shall issue a writ of election to fill such vacancy for the remainder of the term. 47. Senators shall be at least twenty-five years of age, and Representatives twenty-one jear^ of age at the time of their election ; they shall have been citizens and residents of this State for three years and residents of their respective counties or districts for 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 dis- tricts during their terms of office. 48. The Legislature shall meet quadrenniallv at the Capitol, in the Senate chamber, and in the Hall of the House of Representatives, on the second Tuesday in January next succeeding their election, or on such other day as may be prescribed by law; and shall not remain in session longer than sixty days at the first session held under this Constitution, nor longer than fifty days at any subsequent session. If at any time it should from any cause become impossible or dangerous for the Legis- lature to meet or remain at the Capitol, or for the Sen- ate to meet or remain in the Senate chamber, or for the Representatives to meet or remain in the Hall of the House of Representatives, the Governor may convene Constitutional Convention. 1673 the Legislature, or remove it, after it lias convened, to some other place, or may designate some other place for the sitting of the respective Houses, or either of them, as necessity may require. 49. The pa}^ of the members of the Legislature shall be four dollars per day, and ten cents per mile in going to and returning from the seat of government, to be computed by the nearest usual route traveled. 50. The Legislature shall consist of not more than thirty-five Senators, and not more than one hun- dred and five members of the House of Representatives, to be apportioned among the several districts and coun- ties as prescribed in this Constitution; provided that in addition to the above number of Representatives, each new county hereafter created shall be entitled to one Representative. 51. The Senate, at the beginning of each regular ses- sion, and at such other times as may be necessary, shall elect one of its members president pro tem thereof to pre- side over the deliberations in the absence of the Lieuten- ant Governor; and the House of Representatives, at the beginning of each regular session, and at such other time as may be necessary, shall elect one of its mem- bers as Speaker; and the President of the Senate and the Speaker of the House of Representatives shall hold their offices respectively until their successors are elected and qualified. In case of the temporary disability of either of said presiding officers, the House to which he belongs may elect one of its members to preside over that House and to perform all the duties of such officer during the continuance of his disability ; and such tem- porary officer, while performing duty as such, shall re- ceive the same compensation to which the permanent officer is entitled by law, and no other. Each House shall choose its own officers and shall judge of the elec- tion, returns and qualifications of its members. 52. A majority of each House shall constitute a quorum to do business; but a smaller number may ad- journ from day to day and compel the attendance of absent members, in such manner and under such pen- alties as each House may provide. 53. Each House shall have power to determine the rules of its proceedings and to punish its members 1674 Journal of Alabama and other persons, for contempt or disorderly behavior in its presence ; to enforce the obedience to its processes ; to protect its members against violence, or offers of bribes or corrupt solicitation; and with the concurrence of two-thirds of the House to expel a member, but not a second time for the same offense; and the two Houses shall have all the powers necessary for the Legislature of a free State. 54. A member of the Legislature, expelled for cor- ruption shall not thereafter be eligible to either House, and punishment for contempt or disorderly behavior shall not bar an indictment for the same offense. 55. Each House shall keep a Journal of its pro- ceedings and cause the same to be published immediate- ly after its adjournment, excepting such parts as, in its judgment, may require secrecy; and the yeas and nays of the members of either House on any question shall, at the request of one-tenth of the members present, be entered on the Journal. Any member of either House shall have liberty to dissent from or protest against any act or resolution which he may think injurious to the public, or to an individual, and have the reason for his dissent entered on the Journal. 56. Members of the Legislature shall, in all cases, except treason, felony, violation of their oath of office, and breach of the peace, be privileged from ar- rest during their attendance at the session of their re- spective Houses, and in going to and returning from the same; and for any speech or debate in either House they shall not be questioned in any other place. 57. The doors of each House shall be opened ex- cept on such occasions as, in the opinion of the House, may require secrecy, but no person shall be admitted to the floor of either House while the same is in session, except members of the Legislature, the officers and em- ployes of the two Houses, the Governor and his secre- taries, representatives of the press, and other per- sons to whom either House, by unanimous vote, may ex- tend the privileges of its floor. 58. Neither House shall, without consent of the other, adjourn for more than three days, nor to any Constitutional Convention. 1675 other place tliau that in which they may be sitting, ex- cept as otherwise provided in this Constitution. 59. No Senator or Kepresentative shall, dnring the term for which he shall have been elected, be ap- pointed to any office of profit under this State, which shall have been created, or the emoluments of which shall have been increased during such term, except such offices as may be filled by election by the people, 60. No person convicted of embezzlement of the public money, bribery, perjury, or other infamous crime, shall be eligible to the Legislature, or capable of hold- ing any office of trust or profit in this State. 61. No law shall be passed except by bill, and no bill shall be so altered or amended on its passage through either House as to change its original purpose. 62. No bill shall become a law until it shall liave been referred to a standing committee of each House, acted upon by such committee in session, and returned therefrom, which facts shall affirmatively ap- pear upon the Journal of each House. 63. Every bill shall be read on three different days in each House, and no bill shall become a law, un- less on its final passage it be read at length, and the vote be taken by yeas and nays, the names of the mem- bers voting for and against the same be entered upon the Journals, and a majority of each House be recorded thereon as voting in its favor, except as otherwise pro- vided in this Constitution. 64. No amendment to bills shall be adopted ex- cept by a majority of the House wherein the same is offered, nor unless the amendment with the names of those voting for and against the same shall be entered at length on the Journal of the House in which the same is adopted, and no amendment to bills by one House shall be concurred in by the other, unless a vote be taken by yeas and nays, and the names of the mem- bers voting for and against the same be recorded at length on the Journal ; and no report of a committee of conference shall be adopted in either House, except upon a vote taken by yeas and nays, and entered on the Jour- nal, as herein provided for the adoption of amendments. 1676 Journal of Alabama 65. The Legislature shall have no power to authorize lotteries or gift enterprises for any purpose, and shall pass laws to prohibit the sale in this State of lottery- or gift enterj)rise tickets, or tickets in any scheme in the nature of a lottery ; and all acts, or parts of acts heretofore passed by the Legislature of this State^, authorizing a lottery or lotteries and all acts amenda- tory thereof, or supplemental thereto, are hereby avoided. 66. 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 Legis- lature, after the same shall have been publicly read at length immediately before signing, and the fact of read- ing and signing shall be entered upon the Journal; but the reading at length may be dispensed with by a twO; thirds vote of a quorum present, which fact shall also be entered on the Journal. 67. The Legislature shall prescribe by law the num- ber, duties and compensation of the officers and employes of each House, and no payment shall be made from the State Treasury or be in any Avay authorized to any per- son except to an acting officer or employe elected or appointed in pursuance of law. 68. The Legislature shall have no power to grant or to authorize or require any county or muni- cipal authority 1(' grant, nor shall any county or muni- '^■il^al authority have power to grant any extra compen- sation, fee or allowance to any public officer, servant or employee, agent or contractor, after service shall have been rendered or contract made, nor to increase or decrease the fees and compensation of such officers during their terms of office ; nor shall any officer of l^he State bind the State to the payment of any sum of money but by authority of law; provided this section shall not apply to allowances made by Commissioners' Courts or Boards of Revenue to county officers for ej? officio services, nor prevent the Legislature from in- creasing or diminishing at any time the allowance to Sheriffs or other oflicers for feeding, transferring or guarding prisoners. Constitutional Convention. 1677 69. All stationery, printing, paper and fuel used in the legislative and other departments of gov- ernment shall be furnished and the printing, bind- ing and distribution of laws, Journals, department reports, and all other printing, binding and repair- ing and furnishing the halls and rooms used for the meeting of the Legislature and its com- mittees, shall be performed under contract, to be given to the lowest responsible bidder below a maxi- mum price, and under such regulations as shall be pre- scribed by law ; no member or officer of any department of the government shall be in any way interested in such contracts, and all such contracts shall be subject to the approval of the Grovernor, Auditor and Treasurer. 70. All bills for raising revenue shall originate in the House of Representatives. The Governor, Audi- tor and Attorney General shall, before each regular session of the Legislature, prepare a general revenue bill to be submitted to the Legislature, for its informa- tion, and the Secretary of State shall have printed for the use of the Legislature a sufficient number of copies of the bill so prepared which the Governor shall trans- mit to the House of Eepresentatives as soon as organ- ized, to be used or dealt with as that House may elect. The Senate may propose amendments to revenue bills. No revenue bill shall be passed during the last five days of the session. 71. The general appropriation bill shall em- brace nothing but appropriations for the ordinary ex- penses of the Executive, Legislative and Judicial depart- ments of the State, for interest on the public debt, and for the public schools. The salary of no officer or employe shall be increased in such bill, nor shall any appropria- tion be made therein for any officer or employe unless his employment and the amount of his salary have al- ready been provided for by law. All other appropi'ia- tions shall be made by separate bills, each embracing but one subject. 72. No money shall be paid out of the Treasury except upon appropriations made by law, and on war- rant drawn by the proper officer in pursuance thereof; 1678 Journal of Alabama and a regular statement and account of receipts and ex- penditures of all public moneys shall be publislied an- nually, in such manner as may be by law directed. 73. No appropriation shall be made to any charitable or educational institution not under the ab- solute control of the State, other than normal schools established by law for the professional training of teachers for the public schools of the State, except by a vote of two-thirds of all the members elected to each House. 74. No act of the Legislature shall authorize the investment of any trust fund by executors, adminis- trators, guardians or other trustees in the bonds or stock of any private corporation; and any such acts now existing are avoided, saving investments hereto- fore made. 75. The power to change the venue in civil and criminal cases is vested in the courts, to be exercised in such manner as shall be provided by law. 76. When the Legislature shall be convened in special session there shall be no legislation upon sub- jects other than those designated in the proclamation of the Governor calling such session, except by a vote of two-thirds of each House. Special sessions shall be lim- ited to thirty days. 77. No State office shall be continued or created for the inspection or measuring of any merchandise, manu- facture or commodity, but any, county or municipality may appoint such officers when authorized by law. 78. No act of the Legislature changing the seat of government of the State shall become a law until the same shall have been submitted to the qualified electors of the State at a general election, and approved by a majority of such electors voting on the same; and such act shall specif}^ the proposed new location. 79. A member of the Legislature who shall solicit, de- mand or receive, or consent to receive, directly or indi- rectly, for himself or for another, from any com])any, corporation, association or person, any money, office, appointment, employment, reward, thing of value, or enjoyment, or personal advantage or promise thereof, for his vote or official influence, or for withholding the Constitutional Convention. 1679 same; or with an niiderstandiiiii', expressed or implied, tliat liis vote or official action shall be an any way in- fluenced thereby; or who shall solicit or demand any such money or other advantage, matter or thing afore- said, for another as the consideration for his vote or influence, or for withholding the same; or shall give or withhold his vote or influence in consideration of the payment or promise of such money, advantage, matter or thing to another, shall be guilty of bribery within the meaning of this Constitution ; and shall incur the disabilities and penalties provided thereby for such offense, and such additional punishment as is or shall be provided by law. SO. Any person who shall, directly or indirectly, offer, give or promise any money, or thing of value, tes- timonial, privilege, or personal advantage, to any exe- cutive or judicial ofiicer or member of the Legislature to influence him in the performance of any of his public or official duties, shall be guilty of bribery, and be pun- ished in such manner as may be provided by law. 81. The offense of corrupt solicitation of mem- bers of the Legislature or of public officers of this State or of any municipal division thereof, and any occu- pation or practice of solicitation of such members or officers, to influence their official action, shall be defined by law, and shall be punished by fine and imprisonment in the penitentiary; and the Legislature shall provide for the trial and punishment of the offenses enumerated in the two preceding sections, and shall require the Judges to give the same specially in charge to the Grand Juries in all the counties of this State. 82. A member of the Legislature who has a per- sonal or private interest in any measure or bill pro- posed or pending before the Legislature, shall disclose the fact to the House of which he is a member, and shall not vote thereon. 83. In all elections by the Legislature the mem- bers shall vote viva voce, and the votes shall be entered on the Journal. 84. It shall be the duty of the Legislature to pass such laws as may be necessary and proper to decide 1680 Journal of Alabama differences by arbitrators to be appointed by the par- ties who may choose that mode of adjustment. 85. It shall be the duty of the Legislature, at its first session after the ratification of this Constitu- tion, and within every subsequent period of twelve years, to make provision by law for revising-, digest- ing and j)roniulgating the public statutes of this State, of a general nature, both civil and criminal. 86. The Legislature shall pass such penal laws as they may deem expedient to suppress the evil prac- tice of dueling. 87. It shall be the duty of the Legislature to regulate by law the cases in which deduction shall be made from the salaries or compensation of public offi- cers for neglect of duty in their official capacities, and the amount of such deduction, 88. It shall be the duty of the Legislature to re- quire the several counties of this State to make ade- quate provision for the maintenance of the poor. 89. The Legislature shall not have power to authorize any municipal corporation to pass any laws inconsistent with the general laws of this State. 90. In the event of the annexation of any foreign territory to this State, the Legislature shall enact laws extending to the inhabitants of the acquired territory all the rights and privileges which may be required by the terms of acquisition not inconsistent with this Constitution. Should the State purchase such foreign territory, the Legislature, with the approval of the Gov- ernor, shall be authorized to expend any money in the Treasury not otherwise appropriated, and, if necessary, to provide also for the issuance of State bonds, to pay for the purchase of such foreign territory. 91. The Legislature shall not tax the property, real or personal, of the State, counties or other muni- cipal corporations, or cemeteries; nor lots in incorpor- ated cities or towns, or within one mile of any city or town to the extent of one acre, nor lots one mile or more distant from such cities or towns to the extent of five acres, with the buildings thereon, when the same are used exclusively for religious worship, for schools or for purposes purely charitable. Constitutional Convention. 1681 92. The Legislature shall by law prescribe such rules and regulations as may be necessary to ascertain the value of real and personal property exempted from sale under legal procei^'s by this Coustitution, and to secure the same to the claimant thereof as selected. 93. The State shall not engage in works of in- ternal improvement, nor lend money or its credit in aid of such; nor shall the State be interested in any private or corporate enterprise, or lend money or its credit to any individual, association or corporation. 94. The Legislature shall not have power to authorize any county, city, town, or other subdivision of this State to lend its credit, or to grant public money or thing of value in aid of, or to, any individual, asso- ciation or corporation whatsoever, or to become a stock- holder in any such corporation, association or company, by issuing bonds or otherwise. 95. There can be no law of this State impairing the obligation of contracts by destroying or impairing the remedy for their enforcement; and the Legislature shall have no power to revive any right or remedy which may have become barred by lapse of time, or by any statute of this State. After suit has been commenced on any cause of action, the Legislature shall have no power to take away such cause of action, or to destroy any ex- isting defense to such suit. 96. The Legislature shall not enact any law not applicable to all the counties in the State, regulating costs and charges of courts, or fees, commissions or al- lowances of public officers. 97. The Legislature shall not authorize payment to any person of the salary of a deceased officer beyond the date of his death. 98. The Legislature shall not retire any officer on pay, or part pay, or make any grant to such retiring officer. 99. Lands belonging to or under the control of the State shall never be donated directly or indirectly to private corporations, associations, or individu- als or railroad companies; nor shall such lands he sold to corporations or associations for a 106 1682 Journal of Alabama less price than that for which they are subject to sale to individuals; provided, that nothins: con- tained in this section shall prevent the Legislature from granting a right of wav, not exceeding one hundred and twenty-five feet in width, as a mere easement, to rail- roads or telegraph or telephone lines across State lands, and the Legislature shall never dispose of the land covered by such right of way except subject to such ease- ment. 100. No obligation or liability of any person, as- sociation or corporation held or owned by this State, or by any county or other municipality thereof, shall ever be remitted, released or postponed, or in any way diminished, by the Legislature; nor shall such liability or obligation be extinguished except by payment there- of; nor shall such liability, or obligation be ex- changed or transferred except upon payment of its face value; provided, that this section shall not pre- vent the Legislature from providing by general law for the compromise of doubtful claims. 101. No State or county official shall, at any time during his term of office, accept, either directly or indirectly, any fee, money, office, appointment, employ- ment, reward or thing of value, or of personal advan- tage, or the promise thereof, to lobby for or against any measure pending before the Legislature, or to give or withhold his influence to secure the passage or defeat of any such measure. 102. The Legislature shall never pass any law to authorize or legalize any marriage between any white person and a negro or descendant of a negro. 103. The Legislature shall provide by law for the regulation, prohibition, or reasonable restraint of com- mon carriers, partnerships, associations, trusts, mo- nopolies, and combinations of capital, so as to prevent them or any of them from making scarce articles of ne- cessity, trade or commerce, or from increrisi7i£r v^- reasonably the cost thereof to the consumer, or prevent- ing reasonable competition in any calling, trade or business. Constitutional Convention. 1683 local legislation. 104. The Lejiislature shall not pass a spe- cial, private or local law in any of the following cases : (1.) — Granting- a divorce; (2.) — Relieving any minor of the disabilities of non- age; (3.) — Changing the name of any corporation, associa- tion or individual ; (4.) — Providing for the adopting or legitimizing of any child; (5.) — Incorporating a city, town or village; (6.) — Granting a charter to any corporation, associa- tion or individual ; (7.) — Establishing rules of descent or distribution; (8.) — Kegulating the time within which a civil or criminal action may be begun ; (9.) — Exempting any individual, private corporation or association from the operation of any general law ; (10.) — Providing for the sale of the property of any individual or estate; (11.) — Changing or locating a county seat; (12.) — Providing for a change of venue in any case; (13.) — Regulating the rate of interest; (14.) — Fixing the punishment of crime; (15.) — Regulating either the assessment or col- lection of taxes, except in connection with the readjust- ment, renewal, or extension of existing municipal in- debtedness created prior to the ratification of the Con- stitution of eighteen hundred and seventy-five; (16.) — Giving effect to an invalid will, deed or- other instrument ; (17.) — Authorizing any county, city, town, vil- lage, district or other political subdivision of a county, to issue bonds or other securities unless the issuance of said bonds or other se- curities shall have been authorized before the 1684 Journal of Alabama enactment of such local or special law, by a vote of the duly qualified electors of such county, town- ship, city, town, village, district or other political sub- division of a county, at an election held for such pur- pose, in the manner that may be prescribed by law ; pro- vided, the Legislature may without such election, pass special laws to refund bonds issued before the date of the ratification of this Constitution ; (18.)- — ^Amending, confirming or extending the charter of any private municipal corporation, or remit- ting the forfeiture thereof; provided, this shall not pro- hibit the Legislature from altering or re-arranging the boundaries of any city, town or village; (19.) — Creating, extending or impairing any lien; (20.) — Chartering or licensing any ferry, road or bridge ; (21.) — Increasing the jurisdiction and fees of Justices of the Peace or the fees of Constables; (22.) — Establishing separate school districts; (23.) — Establishing separate stock districts; (21.) — Creating, increasing or decreasing fees, per- centages or allowances of public officers; (25.) — Exempting property from taxation or from levy or sale; (26.) — Exempting any person from jury, road or other civil duty; (27.) — Donating any lands owned by or under control of the State to any person or corporation; (28.) — Remitting fines, penalties or forfeitures; (29.) — Providing for the conduct of elections or designating places of voting, or changing the boun- daries of wards, precincts or districts, except in the event of the organization of new counties, or the changing of the lines of old counties; (30.) — Restoring the right to vote to persons con- victed of infamous crimes, or crimes involving moral turpitude ; (31.) — Declaring who shall be liners between pre- cincts or between counties. Constitutional Convention. 1685 The Legislature shall pass general laws for the cases enumerated in this section; provided, that noth- ing in this section or article shall affect the right of the Legislature to enact local laws regulating or prohibit- ing the liquor traffic ; but no such local law shall be en- acted unless notice shall have been given as required in Section 106 of this Constitution. 105. No special, private or local law, except a law fix- ing the time of holding courts, shall be enacted in any case which is provided for by a general law, or when the relief sought can be given by any court of this State; and the Courts, and not the Legis- lature shall judge as to whether the matter of said law is provided for by a general law, and as to w^hether the relief sought can be given by any court; nor shall the Legislature indirectly enact any such special, private or local law by the partial repeal of a general law. 106. No special, private or local law shall be passed on any subject not enumerated in Section 104 of this Constitution, except in reference to fixing the time of holding courts, unless notice of the intention to apply therefor shall have been published, without cost to the State, in the county or counties where the matter or thing to be affected may be situated, which notice shall state the substance of the proposed law, and be published at least once a week for four consecutive weeks in some newspaper published in such county or counties, or if there is no newspaper published tlierein, then by posting the said notice for four consecutive weeks at five differ- ent places in the county or counties prior to the intro- duction of the bill ; and proof by affidavit that said notice has been given shall be exhibited to each house of the Legislature, and said proof spread upon the Journal. The courts shall pronounce void every special, private or local law which the Journals do not affirmatively show was passed in accordance with the provisions of this section. 107. The Legislature shall not, by a special, private or local law, repeal or modify any special, private or local law except upon notice being given and shown 1686 Journal of Alabama as provided in the last preceding section. 108. The operation of a general law shall not be sus- pended for the benefit of any individual, private cor- poration or association; nor shall any individual, private corporation or association be exempted from the operation of any general law except as in this article otherwise provided. 109. The Legislature shall pass general laws under which local and private interests shall be provided for and protected. 110. A general law within the meaning of this article is a law which applies to the whole State; a local law is a law which applies to any political subdivision or subdivisions of the State less than the whole; a spe- cial or private law within the meaning of this article is one which applies to an individual, association or corporation. 111. Xo bill introduced as a general law in either House of the Legislature shall be so amended on its pass- age as to become a special, private or local law. ARTICLE V. EXECUTIVE DEPARTMENT. 112. The Executive Department shall consist of a Grovernor, Lieutenant Grovernor, Attorney General, State Auditor, Secretary of State, State Treasurer, Su- perintendent of Education. Commissioner of Agricul- ture and Industries, and a Sheriff for each county. 113. The supreme executive i)0wer of this State shall be vested in a chief magistrate, who shall be styled ^'The Governor of the State of Alabama." 114. The Governor, Lieutenant Governor, Attorney G"neral, State Auditor, Secretary of State, State Treas- nrer. Superintendent of Education and Commissioner of Agriculture and Industries, shall be elected by the qualified electors of the State at the same time and places appointed for the election of members of the Legislature in the year nineteen hundred and two, and in everv fourth vear thereafter. Constitutional Convention. 1687 115. Tlie returns of every election for Governor, Lieutenant Clovernor, Attorney General, State Auditor, Secretary of State, State Treasurer, Superintend- ent of Education and Commissioner of Agricul- ture and Industries shall ])e sealed up and trans- L-ritted by t]\e returning officers to the seat of government, directed to the Speaker of the House of Representatives, who shall, during the first week of the session to which such returns shall be made, open and publish them in the presence of both houses of the Legislature in joint convention; but the Speaker's duty and the duty of the joint convention shall be purelj^ ministerial. The result of the election shall be ascertained and declared by the speaker from the face of the returns without delay. The person having the highest number of votes for any one of said offices shall be declared duly elected ; but if two or more persons shall have an equal and the highest number of votes for the same office, the Legislature by joint vote, without delay, shall choose one of said persons for said office. Contested elections for Governor, Lieutenant Governor, Attorney General, State Auditor, Secretary of State, State Treasurer, Superin- tendent of Education and Commissioner of Agriculture and Industries shall be determined b}^ both Houses of the Legislature in such manner as may be prescribed by law. 116. The Governor, Lieutenant Governor, Attorney General, State Auditor, Seci'etary of State, State Treas- urer, Superintendent of Education and Commissioner of Agriculture and Industries, elected after the ratification of this Constitution, shall hold their respective offices for the term of four years from the first Monday after the second Tuesday in January next succeeding their election, and until their successors shall be elected and qualified. After the first election under this Constitu- tion no one of said officers shall be eligible as his own successor; and the Governor shall not be eligible to elec- tion or appointment to any office under this State, or to the Senate of the United States, during his term, and within one year after the expiration thereof. 117. The Governor and Lieutenant Governor shall each be at least tbirty years of age when elected and 1688 Journal of Alabama shall have been citizens of the United States ten years and resident citizens of this State at least seven years next before the date of their election. The Lieutenant Governor shall be ex-officio President of the Senate^ but shall have no right to vote except in the event of a tie. 118. The Governor, Lieutenant Governor, Attorney General, State Auditor, Secretary of State, State Treas- urer, Superintendent of Education, and Commissioner of Agriculture and Industries shall receive compensation to be fixed by law, which shall not be increased or dimin- ished during the term for which they shall have been elected, and shall, except the Lieutenant Governor, re- side at the State Capital during the time they continue in office, except during epidemics. The compensation of the Lieutenant Governor shall be the same as that re- ceived by the Speaker of the House, except while serv- ing as Governor, during which time his compensation shall be the same as that allowed the Governor. 119. If the Legislature, at the session next after the ratification of this Constitution, shall enact a law in- creasing the salary of the Governor, such increase shall become effective and apply to the first Governor elected after the ratification of this Constitution, if the Legis- lature shall so determine. 120. The Governor shall take care that the laws be faithfully executed. 121. The Governor may require information in writing, under oath, from the officers of the Executive Department, named in this article, or created by statute, on any subject relating to the duties of their respective offices; and he may at any time require information in writing, under oath, from all officers and managers of State institutions, upon any subject relating to the con- dition, management and expenses of their respective offices and institutions. Any such officer or manager who makes a wilfully false report or fails without suffi- cient excuse to make the required report on demand, is guiltv of an impeachable offense. 122. Tlie Governor may, by proclamation, on ex- • traordinary occasions, convene the Legi; hitnre Constitutional Convention. 1689 at the seat of government, or at a different place if, since their last adjournment, that shall have become dangerous from an enemy, insurrection, or other lawless outbreak, or from any infectious or contagious disease; and he shall state specifically in such proclamation each matter concerning which the action of that body is deemed necessary. 123. The Governor shall, from time to time, give to the Legislature information of the state of the government, and recommend for its consideration such measures as he may deem expedient; and at the com- mencement of each regular session of the Legislature, and at the close of his term of office, he shall give in- formation by written message of the condition of the State; and he shall account to the Legislature, as may be prescribed by law, for all moneys received and paid out by him or by his order ; and at the commence- ment of each regular session he shall present to the Legislature estimates of the amount of money re- quired to be raised by taxation for all purposes. 124. The Governor shall have power to remit fines and forfeitures, under such rules and regulations as may be prescribed by law; and, after conviction, to grant reprieves, paroles, commutations of sentence and pardons, except in cases of impeachment. The Attorney General, Secretary of State and State Auditor shall constitute a Board of Pardons, who shall meet on the call of the Governor, and before whom shall be laid all recommendations or petitions, for par- don, commutation or parole, in cases of felony; and the Board shall hear them in open session, and give their opinion thereon in writing to the Governor, after which or on the failure of the board to advise for more than sixty days the Governor may grant or refuse the commutation, parole or pardon, as to him seems best for the public interest. He shall communicate to the Legislature at each session every remission of fines and forfeitures, and every reprieve, com- mutation, parole, or pardon, wdth his reasons there- for, and the opinion of the Board of Pardons in each case renitired to be referred, slating the name and crime 1690 Journal of Alabama of the convict, the sentence, its date, and the date of re- prieve, commutation, parole or pardon. Pardons in cases of felony and other offenses involving moral turpi- tude shall not relieve from civil and political disabili- ties, unless approved by the Board of Pardons and spe- cifically expressed in the pardon. 125. Every bill which shall have passed both Houses •of the Legislature, except as otherwise provided in this Constitution, shall be presented to the Governor; if he approve, he shall sign it; but if not, he shall return it with his objections to the House in which it originated, which shall enter the ob- jections at large upon the Journal and proceed to re- consider it. If the Governor's message proposes no amendment which would remove his objections to the bill, the House in which the bill originated may proceed to reconsider it, and if a majority of the whole number elected to that House vote for the passage of the bill, it shall be sent to the other House, which shall in like manner reconsider and if a majority of the whole number elected to that House vote for the passage of the bill, the same shall become a law, notwith- standing the Governor's veto. If the Governor's message proposes amendment which would remove his objections, the House to which it is sent may so amend the bill and send it with the Governor's message to the other House, which may adopt, but cannot amend, said amendment; and both Houses concurring in the amendment, the bill shall again be sent to the Governor and acted on by him as other bills. If the House to which the bill is re- turned refuses to make such amendment, it shall proceed to reconsider; and if a majority of the whole number elected to that House shall vote for the passage of the bill, it shall be sent with the objections to the other House, by which it shall likewise be reconsidered, and if approved by a majority of the whole number elected to that House, it shall become a law. If the House to which the bill is returned makes the amendment and the other House declines to pass the same, that House shall pro- ireed to reconsider, as though the bill had originated Constitutional Convention. 1691 therein, and such proceedings shall be taken thereon as above provided. In every such ease the vote of both Houses shall be determined by yeas and nays and the names of the members voting for or against the bill shall be entered upon the Journals of each House respectively. If any bill shall not be returned by the Governor within six days, Sundays excepted, after it shall have been pre- sented, the same shall become a law in like manner as if he had signed it, unless the Legislature, by its adjournment, prevent the return, in which ease it shall not be a law; but when return is prevented by recess, such bill must be returned to the House in which it originated within two days after reassembling otherwise it shall become a law, but bills presented to the Governor within five days before the final adjourn- ment of the Legislature may be approved by the Gover- nor at any time within ten days after such adjourn- ment, and if approved and deposited with the Secretary of State within that time shall become law. Every vote, order, or resolution to which concurrence of both Houses may be necessary, except on questions of adjourn- ment and the bringing on of elections by the two Houses, and amending this Constitution, shall be presented to the Governor ; and, before the same shall take effect, be approved by him ; or, being disapproved, shall be re- passed by both Houses according to the rules and limi- tations prescribed in the case of a bill. 126. The Governor shall have power to approve or disapprove any item or items of any appropriation bill embracing distinct items, and the part or parts of the bill approved shall be the law , and the item or items disapproved shall be void, unless repassed ac- cording to the rules and limitations prescribed for the passage of bills over the Executive veto; and he shall in writing state specifically the item or it cms he disapproves setting the same out in full in his message, but in such case the enrolled bill shall not be retiirned with the Governor's objection. 127. In case of the Governor's removal from office, death or resignation, the Lieutenant Governor shall be- come Governor. If both the Governor and Lieutenant 1692 Journal of Alabama Grovernor be removed from office, die, or resign more than sixty days prior to the next general elec- tion for membei*s of the Legislature, the Oovernor and Lieutenant Governor shall be elected at such elec- tion for the unexpired terra, and in the event of a vacancy in the office, caused by the removal from office, death or resignation of the Governor and the Lieutenant Governor, pending such vacancy and until their successors shall be elected and qualified, the office of Governor shall be held and administered by either the President pro tem of the Senate, Speaker of the House of Representatives, Attorney General, State Audi- tor, Secretary of State, or State Treasurer in the order herein namecl. In case of the impeachment of the Gover- nor, his absence from the State for more than twenty days, unsoundness of mind, or other dis- ability, the power and authority of the office shall, until the Governor is acquitted, returns to the State, or is restored to his mind, or relieved from other disability, devolve in the order herein named, upon the Lieutenant Governor, President pro tem of the Senate, Speaker of the House of Representatives, Attorney Gen- eral, State Auditor, Secretary of State, and State Treas- urer. If au}^ of these officers be under any of the disa- bilities herein specified, the office of Governor shall be administered in the order named by such of these officers as mav be tree from such disability. If the Governor shall be absent from the State over twenty days, the Secretary of State shall notify the Lieutenant Governor, who sliall enter upon the duties of Governor; if both the Governor and Lieutenant Governor shall be absen^ from the State over twenty days, the Secretary of State shall notify the President pro tem of the Senate, who shall enter upon the duties of Governor, and so on, !n case of such absence, he shall notify each of the other officers named in their order, who shall discharge the duties of the office until tlie Governor or other officer en- titled to administer the office in succession to the Gov- ernor returns. If the Governor-elect fail or refuse from any cause to qualify, the Lieutenant Governor-elect shall qualify and exercise the duties of Governor until the Constitutional Convention. 1698 Governor-elect qualifies; and, in the event both the Gov- ernor-elect and the Lieutenant Governor-elect from any cause fail to qualify the President pro tern of the Senate, the Speaker of the House of Kepresentatives, the At- torney General, State Auditor, Secretary of State, and St'ite Treasurer shall in like manner, in the order named, administer the office, until the Governor-elect or Lieutenant-Governor-elect qualifies. 128. If the Governor or other officer administering the office shall appear to be of unsound mind, it shall be the duty of the Supreme Court of Alabama, at any rei»u- lar term, or at any special term, which it is hereby authorized to call for that purpose, upon request in writ- ing-, verified by their affidavits, of any two of the officers named in Section 127 of this Constitution, not next in succession to the office of Governor, to ascertain the mental condition of the Governor or other officer ad- ministering the office, and if he is adjudged to be of. un- sound mind, to so decree a copy of which decree, duly certified, shall be filed in the office of the Secretary of State; and in the event of such adjudication it shall be the duty of the officer next in succession to perforin the duties of the office until the Governor or other officer ad- ministering the office is restored to his mind. If the in- cumbent denies that the Governor or other person en- titled to administer the office has been restored to his mind, the Supreme Court, at the instance of any officer named in Section 127 of this Constitution, shall ascer- tain the truth concerning the same, and if the officer lias been restored to his mind, shall so adjudge and file a duly certified copy of its decree with the Secretarv of State; and in the event of such adjudication, the office, shall be restored to him. The Supreme Court shall pre- scribe the method of taking testimony and the rules of practice in such proceedings, which rules shall include a provision for the service of notice of such proceedings on the Governor or person acting as Governor. 129. The Lieutenant Governor, President pro tem of the Senate, Speaker of the House, Attorney General, State Auditor, Secretary of State, or State Treasurer, while administering the office of Governor, shall receive 1694 Journal of Alabama like compensation as that prescribed by law for the Gov- ernor, and no other. 130. No person shall at the same time hold the office of Governor and any other office, civil or military, under this State or the United States or any other State or government, except as otherwise provided in this Con- stitution. 131. The Governor shall be commander in chief of the militia and volunteer forces of this State, except when they shall be called into the service of the United States, and he may call out the same to execute the laws, suppress insurrection and repel invasion , but need not command in person unless directed to do so by reso- lution of the Legislature; and when acting in the service of the United States, he shall appoint his staff, and the Legislature shall fix his rank. 132. No person shall be eligible to the office of Attor- ney General, State Auditor, Secretary of State, State Treasurer, Superintendent of Education, or Commis- sioner of Agriculture and Industries, unless he shall have been a citizen of the United States at least seven years, and shall have resided in this State at least five years next preceding his election, and shall be at least twenty-five years old when elected. 133. There shall be a seal of the State which shall be used officially by the Governor, and the Seal now in use shall continue to be used until another shall have been adopted by the Legislature. The seal shall be called ''The Great Seal of the State of Alabama.'- 131. The Secretary of State shall be the custodian of the Great Seal of the State, and shall authenticate there- with all official acts of the Governor, except his ap- proval of laws, resolutions, appointments to office and administrative orders. He shall keep a register of the offi- cial acts of the Governor, and when necessary, shall at- test them, and lay copies of same, together with copies of all papers relative thereto, before either House of the Legislature when required to do so, and shall perform such other duties as may be prescribed by law. 135. All grants and commissions shall be issued in the name and by the authority of the State of Ala- Constitutional Convention. 1605 bama, sealed with the Great Seal of the State, signed by the Governor and countersigned by the Secretary of State. 136. Should the offtce of Attorney General, State Auditor, Secretary of State, State Treasurer, Superin- tendent of Education, or Commisisoner of Agriculture and Industries become vacant from any cause, the Gov- ernor shall fill such vacancy until the disability is re- moved or a successor elected and qualified. In case any of said officers shall become of unsound mind, such un- soundness shall be ascertained by the Supreme Court upon the suggestion of the Governor. 137. The Attorney General, State Auditor, Secretary of State, State Treasurer, Superintendent of Education, and Commissioner of Agriculture and Industries shall perform such duties as may be prescribed by law. The State Treasurer and State Auditor shall every year, at a time fixed by the Legislature, make a full and com- plete report to the Governor, showing the receipts and disbursements of every character, all claims audited ai) l paid out, by items, and all taxes and revenues collected and paid into the treasury, and the sources thereof. They shall make reports oftener upon au}^ matters ])er- taining to their offices, if required by the Governor or the Legislature. The Attorney General, State Auditor, Sec- retary of State, State Treasurer and Commissioner of Agriculture and Industries shall not receive to their use any fees, costs, perquisites of office or other com- pensation than the salaries prescribed b^^ law, and all fees that may be payable for any services performcjl such officers shall be at once paid into the State Treas- ury. 138. A Sheriff shall be elected in each county by the qualified electors thereof, who shall hold office for a term of four years, unless sooner removed, and he shall be ineligible to such office as his own successor ; provided, that the terms of all Sheriffs expiring in the year nineteen hundred and four are hereby extended until the time of the expiration of the terms of the other executive officers of this State in the year nineteen hun- dred and seven, unless sooner removed. Whenever any prisoner is taken from jail, or from the custody of the Sheriff or his deputy, and put to death, or suffers grievous bodily harm, owing to the neglect, 1696 Journal of Alabama counivance, cowardice or otlier grave fault of the Sheriff, such Sheriff may be impeached under Section 174 of this Constitution. If the Sheriff be impeached, and thereup- on convicted, he shall not be eligible to hold any office in this State during the time for which he had been elected or appointed to serve as Sheriff. ARTICLE VI. JUDICIAL DEPARTMENT. 139. The judicial power of the State shall be vested in the Senate sitting as a court of impeachment, a Supreme Court, Circuit Courts, Chancery Courts, Courts of Probate, such courts of law and equity infer- ior to the Supreme Court and to consist of not more than five members, as the Legislature from time to time may establish, and such persons as may be by law invested with powers of a judicial nature; but no court of general jurisdiction, at law or in equity, or both, shall hereafter be established in and for any one county having a i>opulation of less than twenty thousand, ac- cording to the next preceding Federal census, and prop- erty assessed for taxation at a less valuation than three million five hundred thousand dollars. 140. Except in cases otherwise directed in this Constitution, the Supreme Court shall have appellate jurisdiction only, which shall be coextensive with the State, under such restrictions and regulations, not re- pugnant to this Constitution, as may from time to time be prescribed by law, except where jurisdiction over ap- peals is vested in some inferior court, and made final therein; provided, that the Supreme Court shall have power to issue writs of injunction, habeas corpus, quo warranto, and such other remedial and original writs as may be necessary to give it a general superintendence and control of inferior jurisdictions. 141. The Supreme Court shall be held at the seat of government, but, if that shall become dangerous from any cause, it may convene at or adjourn to another place. OOxVSTITUTIOxXAL CONVENTION. 1697 142. Except as otherwise authorized in this arti- cle, the State shall be divided into convenient circuits. For each circuit there shall be chosen a judge, who shall, for one year next preceding his election and dur- ing liis continuance in office, reside in the circuit for which he is elected. 143. The Circuit Court shall have original juris- diction in all matters civil and criminal within the State not otherwise excepted in this Constitution; but in civil cases, other than suits for libel, slander, assault and battery, and ejectment, it shall have no original jurisdiction except where the matter or sum in contro- versy exceeds fifty dollars. 144. A Circuit Court, or a court having the juris- •dlction of the Circuit Court, shall be held in each county in the State at least twice in every year, and judges of the several courts mentioned in this section may hold court for each other when they deem it expedient, and shall do so when directed by law. The judges of the sev- eral courts mentioned in this section shall have power to issue writs of injunction, returnable to the Courts of Chancery, or courts having the jurisdiction of Courts of Chancery. 145. The Legislature shall have power to establish a Court or Courts of Chancery, with original and appellate jurisdiction, except as otherwise author- ized in this article. The State shall be divided by the Legislature into convenient Chancery divisions; each division shall be divided into districts, and for each division there shall be a chancellor, who shall have re- sided in the division for which he shall be elected or ap- pointed, for one year next preceding his election or ap- pointment, and shall reside therein during his continu- ance in office. 146. A Chancery Court, or a court having the juris- diction of the Chancery Court, shall be held in ea:h dis- trict, i't a place to be fixed by law, at least twice in each year, and the chancellors may hold court for each other when they deem it necessary, and shall do so when di- rected by law. 107 1698 Journal of Alabama 147. Any county having a population of twenty thou- sand or more, according to the next preceding Federal census, and also taxable property of three mil- lion fiye hundred thousand dollars or more in value, according to the next preceding assessment of property for State and county taxation, need not be included in any circuit or chancery division ; but if the value of its taxable property shall be reduced below that limit, or if its population shall be reduced below that number^ the Legislature shall include such county in a circuit and chancery division or either, embracing more than one county. No Circuit or Chancery division shall contain less than three counties, unless there be em- braced therein a county having a population of twenty thou.sand or more, and taxable property of three million five hundred thousand dollars or more in value, 148. The Legislature may confer upon the Circuit Court or the Chancery Court the jurisdiction of both of said courts. In counties having two or more courts of rec- ord, the Legislature may provide for the consolidation of all or unj of such courts of record, except the Probate Court, with or without separate divisions, and a suffi- cient number of judges for the transaction of the busi- ness of such consolidated court. 149. The Legislature shall have power to establish in each county a court of Probate, with general jurisdic- tion of orphan's business and with power to grant letters testamentary and of administration; pro- vided, that whenever any court having equity powers has taken jurisdiction of the settlement of any estate, it shall have power to do all things necessary for the settlement of such estate, including the appointment and removal of administrators, executors, guardians and trustees, and including action upon the resignation of either of tliem. 150. Tlie Justices of the Supreme Court, Chancel- lors, and the Judges of the Circuit Courts and other courts of record, except Probate Courts shall at stated times, receive for their services a compensation which shall not be diminished during their official terms; they shall receive no fees or perquisites, nor hold any office, except judicial offices, of profit or trust under this Constitutional Convention. 1699 State or the United States, or any other government, during the term for which they have been elected or ap- pointed. 151. The Supreme Court shall consist of one Chief Justice and such number of Associate Justices as may be prescribed by law. 152. The Chief Justice and Associate Justices of the Supreme Court, Judges of the Circuit Courts, Judges of Probate Courts, and Chancellors shall be elected by the qualified electors of the State, circuits, counties and chancery divisions, for which such courts may be estab- lished, at such times as may be prescribed by law, except as herein otherwise provided. 153. The Judges of such inferior courts of law and equity as may be by law established, shall be elected or appointed in such mode as the Legislature may pre- scribe, 154. Chancellors and Judges of all eourts of rec- ord, shall have been citizens of the United States and of this State for five years next preceding their election or appointment, and shall not be less than twenty-five years of age, and, except Judges of Probate Courts, shall be learned in the law. 155. Except as otherwise provided in this article, the Chief Justice and Associate Justices of the Supreme Court, Circuit Judges, Chancellors, and Judges of Probate, shall hold office for the term of six years, and until their successors are elected or appointed, and qualified; and the right of such Judges and Chancellors to hold their offices for the full term hereby prescribed shall not be affected by any change hereafter made by law in any circuit, divi- sion or county, in the mode or time of election. 156. The Ch^ef Justice and Associate Justices of the Supreme Court shall be chosen at an election to be held at the time and places fixed by law for the election of members of the House of Representatives of the Con- gress of the United States, until the Legislature shall by law change the time of holding such election. The term of office of the Chief Justice, who shall be elected in the year nineteen hundred and four, shall be as provided in the last preceding section. The succes- 1700 Journal of Alabama sors of the two Associate Justices elected in the year nineteen liundred and four shall be elected in the year nineteen hundred and six, and the successors of the other two Associate Justices elected in nineteen hundred and four shall be elected in the year nineteen hundred and eight. The Associate Justices of said court elected in the year nineteen hundred and four shall draw or cast lots among themselves to determine which of them shall hold office for the terms ending, respectively, in the years nineteen hundred and six and nineteen hundred and eight, and until their respective successors are elected or appointed and qualified. The result of such determi- nation shall be certified to the Governor, by such Asso- ciate Justices, or a majority of them, prior to the first day of January, nineteen hundred and five, and such certificate shall be entered upon the min- utes of the court. In the event of the failure of said As- sociate 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. In the event of an increase or reduction by law of the number of As- sociate Justices of the Supreme Court, the Legislature shall, as nearly as may be, provide for the elec- tion, each second year, of one-third of the members of said court. 157. All judicial officers within their respective jurisdictions shall, by virtue of their offices, be conser- vators of the peace. 158. Vacancies in the office of any of the Justices of the Supreme Court or Judges who hold office by election, or Chancellors, of this State, shall be filled by appoint- ment by the Governor. The appointee shall hold his office until the next general election for any State offi- cer held at least six months after the vacancy oc- curs, and until his successor is elected and qualified; the successor chosen at such election shall hold office for the unexpired term and until his successor is elected and qualified. 159. Whenever any new circuit or chancery divi- sion is created the Judge or Chancellor therefor shall be elected at the next general election for any State of the United States. Constitutional Convention. 1701 officer for a term to expire at the next general election for Circuit Judges and Chancellors; provided, that if said new circuit or chancery division is ereated more than six months before such general election for any State officer, the Governor shall appoint some one as Judge or Chancellor, as the case may be, to hold the office until such election. 160. If in any case, civil or criminal, pending in any Circuit Court, Chancery Court, or in any court of gen- eral jurisdiction having an}^ part of the juris- diction of a Circuit and a Chancery Court, or either of them, in this State, the presiding Judge or Chancellor shall, for any legal cause, be incompetent to try, hear or render judgment in such case, the parties, or their attorneys of record, if it be a civil case, or the solicitor or prosecuting officer, and the defendant or de- fendants, if it be a criminal case, may agree upon some disinterested person practicing in the court and learned in the law, to act as special judge or chancellor to sit as a court, and to hear, decide and render judgment in the same manner and to the same effect as such incompetent Chancellor or Judge could have rendered but for such incompetency. If the case be a civil one, and the parties or their attorneys of record do not agree ; or if it be a criminal one, and the prosecuting officer and the defendant or defendants do not agree upon a special Judge or Chancellor, or if either party in a civil cause is not represented in court, the TJegister in Chancery or the clerk of such Circuit or other court in which said cause is pending, shall ap- point a special Judge or Chancellor, who shall preside, try and render judgment as in this section provided. The Legislature may prescribe other methods for v5up- plying special Judges in such cases. 161. The Legislature shall have power to pro- vide for the holding of Chancery and Circuit Courts, and for the holding of courts having the jurisdiction of Circuit and Chancery Courts, or either of them, when the Chancellors or Judges thereof fail to attend regular terms. 162. No Judge of any court of record in this State shall practice law in any of the courts of this State or 1702 JoiRNAL OF Alabama 163. Registers in Chancery shall be appointed by the Chancellors of the respective divisions, and shall have been at least twelve months before their appoint- ment, and shall be at the time of their appointment and during their continuance in office, resident citizens of the district for which they are appointed. They shall hold office for the term for which the Chancellor making such appointment was elected or appointed. Such regis- ters shall receive as compensation for their ser- vices only such fees and commissions as may be spe- cifically prescribed by law, which fees shall be uniform throughout the State. 161. The clerk of the Supreme Court shall be ap- pointed by the Judges thereof, and shall hold office for the term of six years; and the clerks of such inferior courts as may be established by law shall be selected in such manner as the Legislature may provide. 165. Clerks of the Circuit Court shall be elected by the qualified electors in each county for the term of six years, and may, when appointed by the Chancellor, also fill the office of Eegister in Chancery. Vacancies in such office of clerk shall be filled by the Judge of the Circuit Court for the unexpired term. 166. The clerk of the Supreme Court and regis- ters in Chancery may be removed from office by the Jus- tices of the Supreme Court, and by the Chancellors, re- spectively, for cause, to be entered at length upon the minutes of the court. 167. A Solicitor for each Judicial Circuit or other territorial subdivision prescribed by the Legislature, shall be elected by the qualified electors of those counties in such circuit or other territorial subdivision in which such Solicitor prosecutes criminal cases, and such Soli- citor shall be learned in the law, and shall at the time of his election and during his continuance in office, re- side in a county (in the circuit) in which he prosecutes criminal cases, or other territorial subdivision for which he is elected, and his term of office shall be four years, and he shall receive no other compensation than a salary, to be prescribed by law, which shall not be increased during the term for which he was elected; provided, that Constitutional Convention. 1703 this article shall not operate to abridge the term of any Solicitor now in office; and, provided further, that the Solicitors elected in the year nineteen hundred and four .shall hold office for six years, and until their successors are elected and qualified ; and provided further, that the Legislature may provide by law for the appointment by the Governor or the election by the qualified electors of n county of a Solicitor for anv county. 168. In each precinct not lying within, or partly within, any city or incorporated town of more than fifteen hundred inhabitants, there shall be elected by the qualified electors of such precinct not ex- ceeding two Justices of the Peace and one Constable. Where one or more precincts lie within, or partly with- in, a city or incorporated town having more than fifteen hundred inhabitants, the Legislature may provide by law for the election of not more than two Justices of the Peace and one Constable, for each of such precincts, or an inferior court for such precinct or precincts, in lieu of all Justices of the Peace therein. Justices of the Peace, and the inferior courts in this section provided for, shall have jurisdiction in all civil cases where the amount in contro- versy does not exceed one hundred dollars, ex- cept in cases of lil)el, slander, assault and battery, and ejectment. The Legislature may pro- vide by law Avhat fees may be charged by Justices of the Peace and Constables, which fees shall be uniform throughout the State. The right of appeal from any judgment of a Justice of the Peace, or from any infer- ior court authorized by this section, without the prepay- ment of costs, and also the term of office of such Jus- tices, and of the Judges of such inferior courts, and of Notaries Public, shall be provided for by law. The Gov- ernor may appoint Notaries Public witliout the powers of a Justice of the Peace, and may, except where other- wise provided by an act of the Legislature, ap- point not more than one Notary Public with all of the powers and jurisdiction of a Justice of the Peace for each precinct in which the election of Justices of the Peace shall be authorized. 169. In all prosecutions for rape and assault with intent to ravish, the court may, in its discretion, exclude 1704 Journal of Alabama from the court room all persons, except such as may be necessary in the conduct of the trial. 170. The style of all process shall be "The State of Alabama" and all prosecutions shall be carried on in the name and by the authority of the same, and shall conclude "Against the peace and dignity of the State." 171. The Legislature shall have the power to abolish any court, except tlie Supreme Court and the Probate Courts, whenever its jurisdiction and func- tions have been conferred upon some other court. 172. Nothing in this article shall be so construed as to abridge the term of office of any officer now in office. AETICLE VII. IMPEACHMENTS. 173. The Governor, Lieutenant Governor, Attorney General, State Auditor, Secretary of State, State Treas- urer, Superintendent of Education, Commissioner of Agriculture and Industries and Justices of the Supreme Court may be removed from office for wilful neglect of duty, corruption in office, incompetency, or intemper- ance in the use of intoxicating liquors or narcotics to such an extent, in view of the dignity of the office and importance of its duties, as unfits the officer for the dis- charge of such duties, or for any offense involving moral turpitude while in office, or committed under color thereof, or connected therewith, by the Senate sit- ting as a court of impeachment, under oath or affirma- tion, on articles or charges preferred by the House of Kepresentatives. When the Governor or Lieutenant- Governor is impeached, the Chief Justice, or if he be ab- sent or disqualified, then one of the Associate Justices of the Supreme Court to be selected by it, shall preside over the Senate when sitting as a court of impeachment. If at any time when the Legislature is not in session, a majority of all the members elected to the TTou-e of Eepresentatives shall certify in writing to the Secretary of State their desire to meet to consider the impeach- ment of the Governor, Lieutenant-Governo:' or other Constitutional Convention. 1705 officer administering the office of Governor, it shall be the duty of the Secretary of State immediately to notify the Speaker of the House, who shall, Avithin ten days after receipt of such notice summon the members of the House b}'' publication in some newspaper pul)lished at the Capital, to assemble at the Capitol on a day to be fixed by the Speaker, not later than fifteen days after the receipt of the notice to him from the Secretary of State, to consider the impeachment of the Governor, Lieutenant Governor or other officer administerino' the office of Governor. If the House of Representatives pre- fer articles of impeachment, the Speaker of the House shall forthAvith notify the Lieutenant Governor, unless he be the officer impeached, in which event he shall notify the Secretary' of State, who shall summon, in the num- ner hereinabove provided for, the members of the Senate to assemble at the Capitol on a day to be named in said summons, not later than ten days after receipt of the notice from the Speaker of the House, for the purpose of organizing as a court of impeachment. The Senate, when thus organized, shall hear and try such articles of impeachment against the Governor, Lieutenant Gover- nor or other officer administerino- the office of Governor,, as may be preferred by the House of Representatives. 174. The Chancellors, Judges of the Circuit C'ourts, Judges of the Probate Courts, and Judges of other courts from which an appeal nuiy be taken directly to the Sup- reme Court, and Solicitors and Slieriffs, may be removed from office for any of the causes specified in the preced- ing section or elsewhere in this Constitution, by the Supreme Court, undej' such regulations as may be pre- scribed by law. The Legislature may provide for the impeachment or removal of other officers than those named in this article. 175. The Clerks of the Circuit Courts, or courts of like jurisdiction, of Criminal Courts, Tax Collectors, Tax Assessors, County Treasurers, County Superintendents of Education, Judges of inferior courts created under authority of Section 168 of this Constitution, Coroners, Justices of the Peace, Notaries Public, Constables, and all other countv officers. Mayors, intendants and all other officers of incorporated cities and towns in this 1706 Journal of Alabama State, may be removed from office for any of the causes specified in Section 173 of this Constitution, by the Cir- cuit or other courts of lilve jurisdiction or a Criminal Court of the count}^ in which such officers hold their office, under such regulations as may be prescribed by Jaw; provided, that the right of trial by jury and appeal in such cases shall be secured. 176. The penalties in cases arising under the three preceding sections shall not extend beyond removal from office, and disqualifications from holding office, under tlie autliority of this State, for the term of which the officer was elected or appointed; but the ac- cused shall be liable to indictment and punishment as prescribed by law. ARTICLE VIII. SUFFRAGE AND ELECTIONS. 177. Every male citizen of this State who is a citizen of the United States, and every male resident of foreign birth, who, before the ratification of this Consti- tution, shall have legally declared his intentions to be <3ome a citizen of the United States, 21 years old or up- wards, not laboring under any of the disabilities named in this article, and possessing the qualifications re- quired by it, shall be an elector, and shall be entitled to vote at any election by the people; provided, that all foreigners who have legally declared their intention to become citizens of the United States, shall, if they fail to become citizens thereof at the time they are entitled to become such, cease to have the right to vote until they become such citizens. 178. To entitle a person to vote at any election by the people, he shall have resided in the State at least two years, in the county one year, and in the precinct or ward three months, immediately preceding the elec- tion at which he offers to vote, and he shall have been dulv registered as an elector, and shall have paid on or before the first day of February next preceding the date of the election at which he offers to vote, all poll taxes due from him for the year nineteen liundred and one, and for each subsequent year; Constitutional Convention. 1707 provided, that any elector who, within three months next preceding the date of the election at which he offers to vote, has removed from one precinct or ward to another precinct or ward in the same county, incorporated town or city, shall have the right to vote in the precinct or ward from which he has so removed, if he would have been entitled to vote in such precinct or ward but for such removal. 179. All elections by the people shall be by bal- lot, and all elections by persons in a representative capacity shall be viva voce. 180. The following male citizens of this State, who are citizens of the United States, and everj^ male resi- dent of foreign birth who, before the ratification of this Constitution, shall have legally declared his intention to become a citizen of the United States, and who shall not have had an opportunity to perfect his citizenship prior to the twentieth day of December, nineteen hun- dred and two, twenty-one years old or upwards, who, if their place of residence shall remain unchanged, will have, at the date of the next general election the qualifications as to residence prescribed in Section 178 of this Constitution, and who are not disqualified under Section 182 of this Constitu- tion, shall, upon application, be entitled to register as electors prior to the twentieth day of December, nine- teen hundred and two, namely: First — All who have honorably served in the land or naval forces of the United States in the war of 1812, or in the war with Mexico, or in any war with the Indians, or in the war between the States, or in the war with Spain, or who honorably served in the land or naval forces of the Confederate States, or of the State of Alabama in the war between the States; or. Second — The lawful descendants of persons who hon- orably served in the land or naval forces of the United States in the war of the American Revolution, or in the war of 1812, or in the war with Mexico, or in any war with the Indians, or in the War between the States, or in the land or naval forces of the Confederate States, or of tlie State of Alabama in the war between the States; or. 1708 Journal of Alabama Third — All persons who are of good character and who understand the duties and obligations of citizen- ship under a republican form of government. 181. After the first day of January, nineteen hundred and three, the following persons, and no others, who, if their place of residence shall remain unchanged, will have, at the date of the next general election, the qualifications as to resi- dence prescribed in Section 178 of this article, shall be qualified to register as electors; provided, they shall not be disqualified under Section 182 of this arti- cle : 7irst — Those who can read and write any arti- cle of the Constitution of the United States in the English language, and who are physicalh^ unable to work; and those Avho can read and write any article of the Constitution of the United States in the English language, and who have worked or been regularly en- gaged in some lawful employment, business or occupa- tion, trade or calling for the greater part of the twelve months next preceding the time they offer to register; and those who are unable to read and write, if such in- ability is due solely to physical disability; or. Second — The owner in good faith in his own right, or the husband of a woman who is the owner in good faith, in her own right, of forty acres of land situate in this State, upon which they reside; or the owner in good faith, in his own right, or the husband of any woman who is the owner in good faith, in her own right, of real estate situate in this State, assessed for taxation at the value of three hundred dollars or more, or the owner in good faith, in his own right, or the husband of a woman Avho is the owner in good faith, in her own right, of personal property in this State assessed for taxation at three hundred dollars or more; provided, that the taxes due upon such real or personal property for the year next preceding the year in which he offers to register shall have been paid, unless the as- sessment shall have been legally contested and is unde- termined. 182. The following persons shall be disqualified, both from registering and from voting, namely: Constitutional Convention. 1709 All idiots and insane persons; those who shall by reason of conviction of crime be disqualified from vot- ing at the time of the ratification of this Constitution; those who shall be convicted of treason, murder, arson, embezzlement, malfeasance in office, larceny, re- ceiving stolen property, obtaining property or money under false pretenses, perjury, subornation of perjury, robbery, assault with intent to rob, burglary, forgery, bribery, assault and battery on the wife, bigamy, living in adultery, sodomy, incest, rape, miscegenation, crime against nature, or any crime punishable by imprison- ment in the penitentiary, or of any infamous crime or crime involving moral turpitude; also, any person who shall be convicted as a vagrant or tramp, or of selling or offering to sell his vote or the vote of another, or buy- ing or offering to bu}^ the vote of another, or of making or offering to make a false return in any election by the people or in any primary election to procure the nomination or election of any person to any office, or of suborning any witness or registrar to secure the registration of any person as an elector. 183. No person shall be qualified to vote or parti- cipate in any primary election, party convention, mass meeting, or other method of party action of any politi- cal party or faction, who shall not possess the qualifica- tions prescribed in this article for an elector, or who shall be disqualified from voting under the provisions of this article, 184. No jDcrson, not registered and qualified as an elector under the provisions of this article shall vote at the general election in nineteen hundred and two, or at any subsequent State, county or municipal election, general, local or special ; but the provisions of this arti- cle shall not apj^ly to any election held prior to the gen- eral election in the 3^ear nineteen hundred and two. 185. Any elector whose right to vote shall be challenged for any legal cause before an election officer shall be required to swear or affirm that the matter of the challenge is untrue before his vote shall be received, and any one who wilfully swears or affirms falsely there- to shall be guilty of perjury, and upon conviction there- of shall be imprisoned in the penitentiary for not less than one nor more than five years. 1710 Journal ws Alabama 186. The Legislature shall provide b}^ law for the registration, after the first day of January, nineteen hundred and three, of all qualified electors. Until the first day of January, nineteen hundred and three, all electors shall be registered under and in accordance with the requirements of this Section as follows : First — Eegistration shall be conducted in each county by a board of three reputable and suitable persons resi- dent in the county, who shall not hold any elective of- fice during their term, to be appointed, within sixty days after the ratification of this Constitution, by the Governor, Auditor and Commissioner of Agriculture and Industries, or by a majority of them, acting as a Board of Appointment. If one or more of the persons ap- pointed on such Board of Registration shall refuse, neg- lect or be unable to qualify or serve, or if a vacancy or vacancies occur in the membership of the Board of Reg- istrars from any cause, the Governor, Auditor and Com- missioner of Agriculture and Industries, or a majority of them, acting as a Board of Appointment, shall make other appointments to fill such Board. Each registrar shall receive two dollars per day, to be paid by the State, and disbursed by the several Judges of Probate, for each entire days attendance upon the sessions of the Board. Before entering upon the performance of the duties of his office, each registrar shall take the same oath re- quired of the judicial officers of the State, which oath may be administered by any person authorized by law to administer oaths. The oath shall be in writing and subscribed by the registrar, and filed in the office of the Judge of Probate of the county. Second — Prior to the first day of August, nineteen hundred and two, the Board of Registrars in each county sliall visit each precinct at least once and oftener if necessary to make a complete registration of all persons entitled to register, and shall re- main there at least one day from eight o'clock in the morning until sunset. They sIidII give at least twenty days' notice of the time when, and the place in the pre- cinct where they will attend to register applicants for registration, by bills posted at five or more public places in each election precinct, and by advertisement once a CUXSTITUTIOXAL CONVEXTION. 1711 week for three successive weeks in a newspaper, if there be one published in the count3^ Upon failure to give such notice, or to attend any appointment made by them in any precinct, they shall, after like notice, fill new appointments therein; but the time consumed by the board in completing such registration shall not exceed sixty working days in any county, except that in counties of more than nine hundred square miles in area, such board may consume seventy-five working days in completing the registration, and except that in counties in which there is any city of eight thousand or more inhabitants, the board may re- main in session, in addition to the time herein- before prescribed, for not more than three suc- cessive weeks in each of such cities; and thereafter the board may sit from time to time in each of such cities not more than one week in each month, and except that in the county of Jefferson the board may hold an additional session of not exceeding five consecutive days duration for each session, in each town or city of more than one thousand and less than eight thousand inhabitants. No person shall be registered at the county site or in the precinct in which he resides. The regis- trars shall issue to each person registered a certificate of registration. Third — The board of registrars shall not register any person between the 1st day of August, nineteen hundred and two, and the Friday next preceding the day of election in November, nineteen hundred and two. On Friday and Saturday next preceding the day of election in November, nineteen hundred and two, they shall sit in the court house of each county during such days, and shall register all applicants having the qualifications prescribed by Section 180 of this Constitution and not disqualified under Section 182, who shall have reached the age of twenty-one years after the first day of August^ nineteen hundred and two, or who shall prave to the reasonable satisfaction of the board that, by reason of physical disability or unavoidable absence from the county, they had no opportunity to register prior to the first day of August, nineteen hundred and two, and they shall not on such days register any other persons. When there are t^'o or more court houses in a county, the regis- 1712 Journal of Alabama trars may sit during sucli two days at the court house they may select, but shall give ten daj^s' notice, by bills posted at each of the court houses, designating the court house at which they will sit. Fourth — The Board of Registrars shall hold sessions at the eourt house of their respective counties during the entire third week in November, nineteen hundred and two, and for six working days next prior to the twentieth day of December, nineteen hundred and two, during which sessions they shall register all persons applying who possess the qualifications pre- scribed in Section 180 of this Constitution, and who shall not be disqualified under Section 182. In counties where there are two or more court houses the Board of Registrars shall divide the time equally betweei;^ them. The Board of Registrars shall give notice of the time and place of such sessions by posting notices at each court house in their respective counties, and at each voting place and at three other public places in the county, and by publication once a week for two consecutive weeks in a newspaper, if one be pub- lished in the county; such notices to be posted and such publications to be commenced as early as practi- cable in the first week of November, nineteen hundred and two. Failure on the part of the registrars to con- form to the provisions of this article as to the giving of the required notices shall not invalidate any registration made by them. Fifth — The Board of Registrars shall have power to examine under oath or affirmation all applicants for registration, and to take testimony touching the quali- fications of such applicants. Each member of such board is authorized to administer the oath to be taken by the applicants and witnesses, which shall be in the follow- ing form, and subscribed by the person making it, and preserved by the board, namely : "I solemnly swear (or affirm that in the matter of the application of .... for registration as an elector, I will speak the truth, the whole truth, and nothing but the truth, so help me God." Any person who upon such examination makes any wilfully false statement in reference to any material matter touching the qualification of any applicant for registration shall be guilty of perjury, and upon convict- Constitutional Convention. 1713 ion thereof shall be imprisoned in the penitentiary for not less than one nor more than five years. Sixth — The action of the majority of the Board of Registrars shall be the action of the board, and a ma- jority of the board shall constitute a quorum for the transaction of all business. Any person to whom regis- tration is denied shall have the right of appeal, without giving security for costs, within thirt}^ days after such denial, by filing a petition in the Circuit Court or Court of like jurisdiction held for the county in which he seeks to register, to have his qualifications as an elector determined. Upon the filing of the petition the clerk of the court shall give notice there- of to an}^ Solicitor authorized to represent the State in said county, whose duty it shall be to appear and defend against the petition on behalf of the State. Upon such trial the court shall charge the jury only as to what constituted the qualifications that entitled the ap- plicant to become an elector at the time he applied for registration, and the jury shall determine the weight and effect of the evidence and return a verdict From the judgment rendered an appeal will lie to the Supreme Court in favor of the petitioner, to be taken within thirty days. Final judgment in favor of the petitioner shall entitle him to registration as of the date of his ap- plication to the registrars. Seventh — The Secretary of State shall, at the expense of the State, have prepared and furnish to the registrars and Judges of Probate of the several counties a sufficient number of registration books and of bl^nk forms of oaths, certificates of registraticm and notices required to be given by the registrars. The cost of the publication in newspapers of the notices required to be given by the registrars shall be paid by the State, the bills therefor to be rendered to the Secretary of State and approved by him. Eighth — Any person who registers for another, or who registers more than once, and any registrar who enters the name of any person on the list of registered voters, without such person having made application in person under oath on a form provided for that purpose, 108 1714 Journal of Alabama or who knowingh' registers any person more than once, or who knowingly enters a name upon the registration list as the name of a voter, without any one of that name applying to register, shall be guilty of a felony, and upon c-onviction thereof shall be imprisoned in the penitentiary for not less than one nor more than five years. 187. The Board of Eegistrars in each county shall, on or before the first day of February, nineteen hundred and three, or as soon thereafter as is practicable, file in the office of the Judge of Probate of their county, a complete list sworn to by them of all persons registered in their county, showing the age of such persons so registered, with the precinct or ward in which each of such persons reside set opposite the name of such persons and shall also file a like list in the office of the Secretary of State. The Judge of Probate shall, on or before the first day of March, nineteen hundred and three, or as soon thereafter as practicable, cause to be made from such list in duplicate, in the books furnished by the Secre- tary of State, an alphabetical list by precincts of the persons shown by the list of the registrars to have been registered in the county, and shall file one of such alpha- betical lists in the office of the Secretary of State; for which services by the Judges of Probate compensation shall be provided by the Legislature. The Judges of Pro- bate shall keep both the original list filed by the regis- trars and the alphabetical list made therefrom as rec- ords in the office of the Judge of Probate of the county. Unless he shall become disqualified under the provis- ions of this article, any one who shall register prior to the first day of January, nineteen hundred and three, shall remain an elector during life, and shall not be required to register again unless he changes his residence, in which event he may register again on production of his certificate. The cer- tificate of the registrars or of the Judge of Probate or of the Secretary of State shall be sufficient evidence to es- tablish the fact of such life registration. Such certifi- cate shall be issued free of charge to the elector, and the Legislature shall provide by law for the renewal of such certificate when lost, mutilated or destroyed. Constitutional Convention. 1715 188. From and after the first day of January, nineteen hundred and three, any applicant for registration may be .required to state under oath, to be administered by the registrar or by any person autliorized by law to administer oaths, where he lived during the five years next preceding the time at which he applies to register, and the name or names by which he was known during that period, and the names of his emi3loyer or employers^ if any, during such period. Any applicant for registration who re- fuses to state such facts, or any of them, shall not be entitled to register, and any person so offering to regis- ter, who wilfullv makes a false statement in regard to such matters or any of them, shall be guilty of perjury, and upon conviction thereof shall be imprisoned in the penitentiary for not less than one nor more than five years. 189. In the trial of an}- contested election, and in proceedings to investigate any election, and in criminal prosecutions for violations of the election laws, no person other than a defendant in such criminal prose- cutions, shall be allowed to withhold his testi- mony on the ground that he may criminate himself or subject himself to public infamy; but such person shall not be prosecuted for any offense arising out of the transaction concerning which he testified, but may be prosecuted for perjury committed on such examina- tion. 190. The Legislature shall pass laws not inconsistent with this Constitution to regulate and gov- ern elections, and all such laws shall be uniform throughout the State; and shall provide by law for the manner of holding elections and of ascertaining the re- sult of the same, and shall provide general registration laws not inconsistent with the provisions of this article, for the registration of all qualified electors from and after the first day of January, nineteen hundred and three. The Legislature shall also make pro- vision by law, not inconsistent with this arti- cle, for the regulation of primary elections, and for punishing frauds at the same, but shall not make primary elections compulsory. The Leg- 1716 Journal of Alabama islature shall by law provide for purging the registration list of the names of those who die, become in- sane, or convicted of crime or, otherwise disqualified as electors under the provisions of this Constitution, and of any names which may have been fraudulently entered on such list by the Registrars ; provided, that a trial by jury may be had on the demand of any person whose name is proposed to be stricken from the list. 191. It shall be the duty of the Legislature to pass adequate laws giving protection against the €vils arising from the use of intoxicating liquors at all elections. 192. 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. 193. Returns of elections for members of the Legislat- ure and for all civil officers who are to be commissioned by the Oovernor, except the Attorney General, State Auditor, Secretary of State, State Treasurer, Superin- tendent of Education, and Commissioner of Agriculture and Industries, shall be made to the Secretary of State. 194. The poll tax mentioned in this article shall be one dollar and fifty cents upon each male inhabitant of the State, over the age of twenty- one 3'ears, and under the age of forty-five years, who would not now be exempt by law; but the Legislature is authorized to increase the maxi- mum age fixed in this section to not more than sixty years. Such poll tax shall become due and payable on the first day of October in each year, and become delin- quent on the first day of the next succeeding February, but no legal process, nor any fee or commission shall be allowed for the collection thereof. The Tax Collector shall make returns of poll tax collections separate from other collections. 195. Any person who shall pay the poll tax of an- other, or advance him money for that purpose in order to influence his vote, shall be guilty of bribery, and upon conviction thereof shall be imprisoned in the peniten- tiary for not less than one nor more than five years. 196. If any section or subdivision of this article shall, for any reason be or be held by any court of com- petent jurisdiction and of final resort to be, invalid, in- Constitutional Convention. 1717 operative or void, the residue of this article shall not be thereby invalidated or affected. ARTICLE IX. REPRESENTATION. 197. The whole number of Sienators shall be not less than one-fourth, or more than one-third of the whole number of Eepresentatives. 198. The House of Eepresentatives shall consist of not more than one hundred and five members, unless new counties shall be created, in which event each new county shall be entitled to one Representative. The mem- bers of the House of Representatives shall be appor- tioned by the Legislature among the several counties of the State, according to the number of inhabitants in them respectively, as ascertained by the decennial census of the United States, which apportionment when made shall not be subject to alteration until the next session of the Legislature after the next decennial census of the United States shall have been taken. 199. It shall be the duty of the Legislature at its first session after the taking of the decennial census of the United States in the year nine- teen hundred and ten, and after each subse- quent decennial census, to fix by law the num- ber of Representatives, and apportion them among the several counties of the State, according to the number of inliabitants in them respectively; provided, that each county shall be entitled to at least one Representative. 200. It shall be the duty of the Legislature at its first session after taking of the decen- nial census of the United States in the year nineteen hundred and ten, and after each sub- sequent decennial censiis, to fix by law the number of Senators and to divide the State into as many Sena- torial districts as tliere are Senators, which districts shall be as nearl}^ e^jual to each other in the number of inhabitants as may be, and eacli shall be entitled to one Senator, and no more; and such districts when formed shall not be changed until the next apportioning ses- sion of the Legislature, after the next decennial 1718 . Journal of Alabama census of the United States shall have been taken; pro- vided, that counties created after the next preceding apportioning- session of the Legislature may be attached to Senatorial districts. No county shall be divided between two districts, and no district shall be made up of two or more counties not contiguous to each other, 201. Should any decennial census of the United States not be taken, or if when taken the same, as to this State be not full and satisfactory, the Legislature shall have power at its first session after the time shall have elapsed for the taking of said census, to provide for an enumeratiou of all the inhabitants of this State, upon which it shall be the duty of the Legis- lature to make the apportionuient of Representatives and Senators as provided for in this article. 202. Until the Legislature shall make an apportion- ment of Representatives among the several counties, as provided in the preceding section, the counties of Autauga, Baldwin, Bibb, Blount, Cherokee, Chilton, Choctaw, Clay, Cleburne, Coffee, Colbert, Conecuh, Coosa, Covingion, Crenshaw, Cullman, Dale, DeKalb, Escambia, Fayette, Franklin, Geneva, Greene, La- mar, Lawrence, Limestone, Macon, Marion, Marshall, Monroe, Pickens, Randolph, St. Clair, Shelby, Wash- ington, and Winston, shall each have one Representa- tive; the counties of Barbour, Bullock, Butler, Cal- houn, Chambers, Clarke, Elmore, Etowah, Hale, Henry, Jackson, Lauderdale, Lee, Lowndes, Madison, Marengo, Morgan, Perry, Pike, Russell, Sumter, Talladega, Tala- poosa, Tuscaloosa, Walker and Wilcox shall eacli have two Representatives ; the counties of Dallas and Mobile shall each have three Representatives; the county of Montgomery shall have four Representatives; and the county of Jefferson shall have seven Representatives. 203. Until the Legislature shall divide the State into Senatorial districts, as herein provided, the Senatorial districts shall be as follows: First district, Lauderdale and Limestone; Second district, Lawrp-Mce and Morgan; Third district, Blount, Cullmap- • nd Win-ton; Fourth district, ^Madison ; Fifth Constitutional Convention. 1719 district, Jackson and Marshall; Sixth district, Etowah and St. Clair; Seventh district, Calhoun; Eighth dis- trict, Talladega ; Ninth district, Chambers and Ran- dolph; Tenth district, Tallapoosa and Elmore; Eleventh district, Tuscaloosa; Twelfth district, Fa3^ette, Lamar and Walker ; Thirteenth district, Jefferson ; Fourteenth district, Pickens and Sumter; Fifteenth District, Au- tauga, Chilton and Shelby; Sixteenth district, Lowndes; Seventeenth district, Butler, Conecuh and Covington; Eighteenth district, Bibb and Perry; Nineteenth dis- trict, Choctaw, Clarke and Washington ; Twentieth dis- trict, Marengo ; TAventy-first district, Baldwin, Escam- bia and Monroe; Twentj^-second district, Wilcox; Twen- ty-third district, Dale and Geneva; Twenty- fourth dis- trict, Barbour; Twenty-fifth district. Coffee, Crenshaw and Pike; Twenty-sixth district, Bullock and Macon; Twenty-seventh district, Lee and Russell ; Twenty-eighth district, Montgomery; Twenty-ninth district, Cherokee and DeKalb; Thirtieth district, Dallas; Thirty-first district, Colbert, Franklin and Marion; Thirty-second district, Greene and Hale; Thirty-third district, Mobile; Thirty- fourth district, Cleburne, Clay and Coosa; Thir- ty-fifth district, Henry. ARTICLE X. exemptions. 204. The personal property of any resident of this State to the value of one thousand dol- lars, to be selected by such resident, shall be exempted from sale on execution, or other pro- cess of any court, issued for the collection of any debt contracted since the thirteenth day of July, eighteen liundred and sixty-eight, or after the ratifica- tion of this Constitution. 205. Every homestead, not exceeding eighty acres, and the dwelling and appurtenances thereon, to be selected hy the owner thereof, and not in any city, town or vil- lage, or in lieu thereof, at the option of the owner, any lot in a city, town or village, with the dwelling and ap- purtenances thereon owned and occupied by any resi- dent of tliis State, and not exceeding the value of two 1720 Journal of Alabama thousand dollars, shall be execmpt from sale on execu- tion or any other process from a court; for any debt contracted since the thirteenth day of July, eighteen, hundred and sixty-eight, or after the ratification of this Constitution. Such exemption, however, shall not extend to any mortgage lawfully obtained, but such mortgage, or other alienation of said homestead by the owner thereof, if a married man, shall not be valid with- out the voluntary signature and assent of the wife to- the same. 206. The homestead of a family, after the death of the owner thereof, shall be exempt from the payment of any debt contracted since the thirteenth day of July, eighteen hundred and sixty-eight, or after the ratifica- tion of this Constitution, in all cases, during the mi- nority of the children. 207. The provisions of Sees. 204 and 205 of this Con- stitution shall not be so construed as to prevent a labor- ers' lien for work done and performed for the person' claiming such exemption, or a mechanic's lien for work done on the premises. 208. If the owuer of a homestead die, leaving a widow, but no children, such homestead shall be ex- empt, and the rents and profits thereof shall inure ta her benefit. 209. The real and personal property of any female in this State, acquired before marriage, and all prop- erty, real and personal, to which she may afterwards be- entitled by gift, grant, inheritance or devise, shall be and remain the separate estate and property of such female, and shall not be liable for any debts, obligations or engagements of her husband, and may be devised or bequeathed by lier, the same as if she were a feme sole. 210. The right of exemption 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 bv one witness. ARTICLE XL TAXATION. 211. All taxes levied on property in this State shall be assessed in exact proportion to the value of Constitutional Convention. 1721 such property, but no tax shall be assessed upon any debt for rent or hire of real or personal property, while owned by the landlord or hirer during the current year of such rental or hire, if such real or personal property be assessed at its full value. 212. The power to levy taxes shall not be delegated to individuals or private corporations or associations. 213. After the ratification of this Constitution, no new debt shall be created against, or incurred by this State, or its authority, except to repel invasion or sup- press insurrection, and then only by a concurrence of two-thirds of the members of each House of the Legis- lature and the vote shall be taken by yeas and nays and entered on the Journals; and any act creating or incurring any new debt against this State, except as herein provided for, shall be absolutely void; provided, the Governor may be authorized to negotiate tempor- ary loans, never to exceed three hundred thou- sand dollars, to meet the deficiencies in the Treasury, and until the same is paid no new loan shall be negotiated; provided further, that this section shall not be so construed as to prevent the issuance of bonds for the purpose of refunding the existing bonded indebtedness of the State. 214. The Legislature shall not have the power to lev}^ in any one year a greater rate of taxation than sixty-five one-hundredths of one per centum on the value of the taxable property within this State. 215. No county in this State shall be authorized to levy a greater rate of taxation in any one year on the value of the taxable property therein than one-half of one per centum ; provided, that to pay debts existing on the sixth day of December, eighteen hundred and seventy-five, an additional rate of one-fourth of one per centum may be levied and collected which shall be appropriated exclusively to the payment of such debts and the interest there- on ; provided further, that to pay any debt or lia- bility now existing against any county, incurred for the erection, construction or maintenance of the necessary public buildings or bridges, or that may hereafter be created for the erection of necessary public buildings, bridges or roads, any county may levy 1 722 Journal of Alabama and collect such special taxes, not to exceed one-fourth of one per centum, 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. 216. No city, town, village or other municipal cor- poration, other than as provided in this article, shall levy or collect a higher rate of taxation in any one 3^ear on the property situated therein that one-half of one per centum of tiie value of such property as assessed for State taxation during the preceding year ; provided that for the purpose of paying debts existing on the sixth day of December, eighteen hundred and seventy- five, and the interest thereon, a tax of one per centum may be levied and collected, to be ap- plied exclusively to the payment of such indebtedness; and provided further that this section shall not apply to the city of Mobile, which city may from and after the ratification of thij Constitution levy a tax not to ex- ceed the rate of three-fourths of one per centum to pay the expenses of the city government, and may also levy a tax not to exceed three-fourths of one per centum to pay the debt existing on the sixth day of December, eighteen hundred and seventy-five, with interest thereon, or any renewal of such debt; and provided further, that this section shall not apply to the cities of Birmingham, Huntsville and Bessemer, and the town of Andalusia, which cities and town may levy and collect a tax not to exceed one-half of one per centum in addition to the tax of one-half of one per centum as hereinbefore allowed to be levied and collected, such special tax to be applied exclusively to the payment of interest on bonds of said cities of Birmingham, Hunts- ville and Bessemer and town of Andalusia, respectively, heretofore issued in pursuance of law, or now authorized by law to be issuiMl, and for a sinking fund to pay otf said bonds at the maturity thereof ; and provided further, that this section shall not apply to the i^ity of IMontgomery, which city shall have the right to levy and collect a tax of not exceeding one-half of one per centum per annum upon the value of the taxable property therein, as fixed for State taxation, for general purposes, and an addi- Constitutional Convention. 1723 tional tax of not exceeding tliree-foiirths of one per centum per annum upon the value of the propert}^ there- in, as fixed for State taxation, to be devoted exclusively to the pa3'ment of its public debt, interest thereon, and renewals thereof, and to the maintenance of its public schools, and public conveniences; and provided further, that this section shall not apply to Troy, Attalla, Gadsden, Woodlawn, Brewton, Pratt City, Ens- ley, Wylam and Avondale, which cities and towns may from and after the ratification of this Constitution, levy and collect an additional tax of not exceeding one-half of one per centum; and provided further, that this sec- tion shall not apply to the cities of Decatur, New De- catur and Cullman, which cities may from and after the ratification of this Constitution, levy and collect an ad- ditional tax of not exceeding three-tenths of one per centum per annum ; such special tax of said city of De- catur to be applied exclusively for the public schools, public school buildings, and public improvements; and such special tax of New Decatur and Cullman to be applied exclusively for educational purposes, and to be expended under their respective Boards of Public School Trustees; but this additional tax shall not be levied by Troy, Attalla, Gadsden, Wood- lawn, Brewton, Pratt City, Ensley, Wylam, Avondale, Decatur, New Decatur or Cullman unless authorized by a majority vote of the qualified electors voting at a spe- cial election held for the purpose of ascertaining whether or not said tax shall be levied; and provided further, that the purposes for which such special tax is sought to be levied shall be stated in such election call, and, if authorized, the revenue derived from such special tax shall be used for no other purpose than that stated ; and provided further, that the additional tax authorized to be levied by the city of Troy, when so levied and col- lected, shall be used exclusively in the payment of the bonds and interest coupons thereon, hereafter issued in the adjustment of the present bonded indebtedness of said city; and provided further, that the additional tax authorized to be levied and collected by the city of At- talla shall, when so levied and collected, be used ex- clusively in the payment of bonds to the amount of not 1724 Journal of Alabama exceeding twenty-five thousand dollars and the interest coupons thereon, hereafter to be issued in the adjustment of the present indebtedness of said city; provided further, that the gov- erning boards' of said cities, which are authorized to levy an additional tax after the holding of an election as aforesaid, are hereby authorized to provide by ordi- nance the necessary machinery for the holding of said election and declaring the result thereof. 217. The property of private corporations, asso- ciations and individuals of this State shall forever be taxed at the same rate; provided, this section shall not apply to institutions devoted exclusively to religious, educational or charitable purposes. 218. The Legislature shall not have the power to require counties or other municipal corporations to pay any charges which are now payable out of the State Treasury. 219. The Legislature may levy a tax of not more than two and one-half per centum of the value of all es- tates, real and personal, money, public and pri- vate securities of every kind in this State, passing from any person who may die seized and possessed thereof, or of any part of such estate, money or securities, or interest therein, transferred by the intestate laws of this State, or by will, deed, grant, bargain, sale or gift, made or intended to take effect in possession after the death of the grantor, devisor, or donor, to any person or persons, bodies politic or cor- porate, in trust or otherwise, other than to or for the use of the father, mother, husband, wife, brothers, sis- ters, children or lineal descendants of the grantor, de- visor, donor or intestate. ARTICLE XII. CORPORATIONS. MUNICIPAL CORPORATIONS. 220. No person, firm, association or corpora- tion shall be authorized or permitted to use the streets, avenues, alleys or public places of any city, town or village for the construction or operation of any public Constitutional Convention. 1725 utility or private enterprise, witlioiit first obtaining the consent of the proper authorities of sucli citA-, town or village. 221. The Legislature shall not enact any law which will permit any person, firm, corporation or asso- ciation to pay a privilege, license or other tax to the State of Alabama, and relieve him or it from the pav- anent of all other privilege and license taxes in the State. 222. The Legislature, after the ratification of this Constitution, shall have authority to pass general laws authorizing the counties, cities, towns, villages, districts or other political subdivisions of coun- ties, to issue bonds, but no bonds shall be is- sued under authority of a general law unless such issue of bonds be first authorized by a ma- jority vote by ballot of the qualified voters of such county, city, town, village, district, or other political subdivision of a county, voting upon such prof>osition. The ballot used at such election shall contain the words "For bond issue," and "Against bond issue," (the character of the bond to be shown in the blank space), and the voter shall indicate his choice by placing a cross mark before or after the one or the other. This section shall not apply to the renewal, refunding, or reissue of bonds lawfully issued, nor to the issuance of bonds in cases where the same have been authorized by laws enacted prior to the ratifi- cation of this Constitution, nor shall this section apply to obligations incurred or bonds to be issued to procure means to pay for street and sidewalk improvements or sanitary or storm Avater sewers, the cost of which is to be assessed, in whole or in part, against the property abutting said improvements or drained by such sanitary or storm water sewers. 223. No city, town or other municipality shall make any assessments for the cost of sidewalks or street pav- ing, or for the cost of the construction of any sewers against property abutting on such street or sidewalk so paved, or drained by such sewers, in excess of the in- creased value of such property by reason of the special Tjenefits derived from such improvements. 1726 Journal of At-arama 224. Xo county shall become indebted in an amount, including present indebtedness, greater than three and one-half per centum of the assessed value of the property therein; provided, this limitation shall not aft'ect any existing indebtedness in excess of such three and one- half per centum, which has already been created or authorized by existing law to be createcl; provided, that any county which has already incurred a debt ex- ceeding three and one-half per centum of the assessed value of the property therein, shall be authorized to in- cur an indebtedness of one and a half per centum of the assessed value of such property in addition to the debt already existing. Nothing herein contained shall prevent any county from issuing bonds, or other obligations, to fund or refund any indebtedness now existing or author- ized by existing laws to be created. 225. No city, town or other municipal corporation having a population of less than six thousand, except as hereinafter provided, shall become in- debted in an amount, including present indebted- ness, exceeding five per centum of the assessed value of the property therein, except for the construct- ion or purchase of water works, gas or electric light- ing plants, or sewerage, or for the improvement of streets, for which purposes an additional indebted- ness not exceeding three per centum may be created; provided, this limitation shall not affect any debt now authorized by law to be created nor any temporary loans to be paid within one year, made in anticipation of the collection of taxes, not exceeding one-fourth of the annual revenues of such city or town. All towns and cities having a population of six thousand or more, also (Jadsden, Ensley, Decatur, New Decatur, are hereby authorized to become in- debted in an amount, including present indebted- ness, not exceeding seven per centum of the assessed valuation of the property therein, provided that there shall not be included in the limitation of the indebted- ness of such last described cities /and towns the follow- ing classes of indebtedness, to-wit: temporary loans, to be paid within one year, made in anticipation of the collection of taxes, and not exceeding one-fourth of the general revenues, bonds or other obligations already is- Constitutional Convention. 1727 sued, or which may hereafter be issued for the purpose of acquiring, providing or constructing school houses, water works and sewers; and obligations incurred and bonds issued for street or sidewalk improvements, where the cost of the same, in whole or in part, is to be assessed against the property abutting said improvements ; pro- vided, that the proceeds of all obligations issued as herein provided, in excess of said seven per centum shall not be used for any purpose other than that for which said obligations Avere issued. Nothing contained in this article shall prevent the funding or refunding of exist- ing indebtedness. This section shall not apply to the cities of Sheffield and Tuscumbia. 226. No city, town or village, whose present indebted- ness exceeds the limitation imposed by this Constitu- tion, shall be allowed to become indebted in any further amount, except as otherwise provided in this Constitu- tion, until such indebtedness shall be reduced within such limit; provided, however, that nothing herein con- tained shall prevent and municipality, except the cit}* of Gadsden, from issuing bonds already authorized by law ; provided further, that this section shall not apply to the cities of Sheffield and Tuscumbia. 227. An}^ person, firm, association or corporation, who may construct or operate any public utility along oj^ across the public streets of any city, town or village, under any privilege of franchise permitting such con- struction or operation, shall be liable to abutting pro- prietors for the actual damages done to the abutting property on account of such construction or operation. 228. No city or town having a population of more than six thousand shall have authority to grant to any l^erson, firm, corporation or association the right to use its streets, avenues, alleys or public places for the con- struction or operation of waterworks, gas works, tele- phone or telegraph lines, electric light or power plants, steam or other heating plants, street railroads, or any other public utility, except railroads other than street railroads, for a longer period than thirty years. 1728 Journal of Alabama PRIVATE CORPORATIONS. 229. The Legislature shall pass no special act -conferring corporate powers, but it shall pass general laws under which corporations may be organized and corporate powers obtained, subject, nevertheless, to re- peal at the will of the Legislature; and shall pass gen- eral laws under which charters may be altered or amend- ed. The Legislature shall, by general law, provide for the payment to the State of Alabama of a franchise tax by corporations organized under the laws of this State, which shall be in proportion to the amount of capital stock; but strictly benevolent, educational or religious corporations shall not he required to pay such a tax. The charter of any corporation shall be subject to amend- ment, alteration or repeal under general laws. 230. All existing charters, under which a bona fide organization shall not have taken place and business commenced in good faith within twelve months from the time of the ratification of this Constitution, shall thereafter have no validity. 231. The Legislature shall not remit the forfeiture of the charter of any corporation now existing nor alter or amend the same, nor pass any general or special law for the benefit of such corporation, other than in execu- tion of a trust created by law or by contract, except upon condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution, 232. No foreign corporation shall do any business in this State without having at least one known place of business and an authorized agent or agents therein and without filing with the Secretary of State a certified copy of its articles of incorporation or association. Such corporation may be sued in any county where it does business, by service of process upon an agent anywhere in the State. The Legislature shall, by general law, provide for the payment to the State of Alabama of a franchise tax by such corporation, but such franchise tax shall be based on the actual amount of capital em- ployed in this State. Strictly benevolent, educational or religious corporations shall not be required to pay such a tax. Constitutional Convention. 1729 233. No corporation shall engage in any business other than that expressly authorized in its charter or articles of incorporation. 234. No corporation shall issue stocks or bonds except for money, labor done, or property actu- all}^ received; and all fictitious increase of stock or indebtedness shall be void. The stock and bonded in- debtedness of corporations shall not be increased except in pursuance of general laws, nor without the consent of the persons holding the larger amount in value of stock, first obtained at a meeting to be held after thirty days' notice, given in pursuance of law. 235. Municipal and other corporations and indi- viduals invested with the privilege of taking property for public use, shall make just compensation, to be ascer- tained as may be provided by law, for the property taken, injured or destroyed by the construction or en- largements of its works, highways or improvements, which compensation shall be paid before such taking, injury or destruction. The Legislature is hereby pro- liibited from denying the right of appeal from any preliminary assessment of damages against any such corporations or individuals made by viewers or other- wise, but such appeal shall not deprive those who have obtained the judgment or condemnation from a right of entry, provided the amount of damages assessed shall have been paid in the court in money, and a bond shall have been given in not less than double the amount of the damages assessed, with good and sufficient sure- ties, to pay such damages as the property owner may sustain; and the amount of damages in all cases of ap- peals shall on the demand of either party, be determined by a jury according to law. 236. Dues from private corporations shall be se- cured by such means as may be prescribed by law ; but in no case shall any stockholder be individually liable otherwise than for the unpaid stock owned by him or Tier. 237. No corporation shall issue preferred stock without the consent of the owners of two-thirds of the stock of said corporation. 109 1730 Journal of Alabama 238. The Legislature shall have the power to alter,, amend or revoke any charter of incorporation now exist- ing and revokable at the ratification of this Constitution^ or any that may he hereafter created, whenever, in its opinion, such charter may be injurious to the citizens of this State, in such manner, however, that no injustice shall be done to the stockholders. 239. Any association or corporation organized for the purpose, or any individual, shall have the right to construct and maintain lines of telegraph and telephone within this State, and connect the same with other lines; and the Legislature shall, by general law of uniform ope- ration, jjrovide reasonable regulations to give full effect to this section. No telegraph or telephone company shall consolidate with or hold a controlling interest in the stock or bonds of any other telegraph or telephone com- pany owning a competing line, or acquire, by purchase or otherwise, any other competing line of telegraph or telephone. 240. All corporations shall have the right to sue,, and shall be subject to be sued, in all courts in like cases as natural persons. 241. The term "corporation," as used in this arti- cle, shall be construed to include all joint stock com- panies, and all associations having any of the powers or privileges of corporations, not possessed by individuals or partnerships. RAILROADS AND CANALS. 242. All railroads and canals not constructed and used exclusively for private purposes, shall be public high- ways, and all railroads and canal companies shall be common carriers. Any association or corporation or- ganized for the purpose shall have the right to construct and operate a railway between any points in this State, and connect at the State line, with railroads of other States. Every railroad company shall have the right with its rop.d to intersect, connect with, or cross any other railroad, and each sliall receive and transport the freight, passengers and cars, loaded or empty, of the others, without delay or discrimination. Constitutional Convention. 1731 243. The power and authority of regulating rail- road freight and passenger tariffs, the locating and building of passenger and freight depots, correcting abuses, preventing unjust discrimination and extor- tion and requiring reasonable and just rates of freight and j)asseuger tariffs, are hereby conferred upon the Legislature, whose duty it shall be to pass laws from time to time regulating freight and passenger tariffs, to prohibit unjust discrimination on the various railroads, canals and rivers of the State, and to prohibit the charg- ing of other than just and reasonable rates and enforce the same b}^ adequate penalties. 244. No railroad or other transportation company or corporation shall grant free passes or sell tickets or passes at a discount, other than as sold to the public gen- erally, to any member of the Legislature or to any officer exercising judicial functions under the laws of this State; and any sucli member or officer receiving such a pass or ticket for himself, or procuring the same for an- other, shall be guilty of a misdemeanor, and, upon con- viction, shall be fined not exceeding five hundred dol- lars, and at the discretion of the court trjdng the case, in addition to such fine, may be imprisoned for a term not exceeding six months, and upon conviction, shall be subject to impeachment and removal from office. The courts having juris- diction shall give this law specially in charge to the Grand Juries, and when the evidence is sufficient to authorize an indictment, the Grand Jury must present a true bill. The Circuit Court or any court of like juris- diction in any county into or through which such member or officer is transported by the use of such pro- hibited pass or ticket, shall have jurisdiction of the case, provided only one prosecution shall be had for the same offense; and provided further, that the trial and judg- ment for one offense shall not bar a prosecution for an- other offense, when the same pass or ticket is used ; and provided further, that nothing herein shall prevent a member of the Legislature who is a bona fide employe of a railroad or other transportation company or corpora- tion at the time of his election, from accepting or pro- curing for himself or another, not a member of the Leg- 1732 Journal of Alabama islature, or officer exercising judicial functions, a free pass over the railroads or other transportation com- pany or corporation by which he is employed. 245. No railroad company shall give or pay any rebate, or a bonus in the nature thereof, directly or in- directly, or do any act to mislead or deceive the public as to the real rates charged or received for freights or passage; and any such payments shall be illegal and void, and these prohibitions shall be enforced by suitable penalties. 246. No railroad, canal or transportation com- pany in existence at the time of the ratification of this Constitution, sliall have the benefit of any future legislation by general or special laws other than in exe- cution of a trust created by law or by contract, except on the condition of complete acceptance of all the pro- visions of this article. ARTICLE XIII. BANKS AND BANKING. 247. The Legislature shall not have the power to establish or incorporate any bank or banking company or money institution for the purpose of issuing bills of credit or bills payable to order or bearer, except under the conditions prescribed in this Constitution. 248. No bank shall be established otherwise than under a general banking law nor otherwise than upon a specie basis; provided, that any bank may be established with authority to issue bills to circulate as money in an amount equal to the face value of bonds of the United States, or of this State, convertible into specie at their face value, which shall, before such bank is authorized to issue its bills for circulation, be deposited with the State Treasurer, or other depository prescribed by law, in an amount equal to the aggregate of such proposed issue, with power in such treasurer or depository to dis- pose of any or all of such bonds for a sufficient amount of specie to redeem the circulating notes of such bank at any time and without delay, should such bank suspend Constitutional Convention. 1733 specie payment or fail to redeem its notes on demand. 249. All bills or notes issued as money shall be at all times redeemable in gold or silver, and no law shall be passed sanctioning directly or indirectly, the suspension by any bank or banking company of specie payment. 250. Holders of l)ank notes, and depositors who have not stipulated for interest, shall, for such notes and deposits, be entitled in case of insolvency, to the prefer- ence of payment over all other creditors; provided, this section shall apply to all banks whether incorporated or not. 251. Every bank or banking company shall be re- quired to cease all banking operations within twenty years from the time of its organization, unless the time be extended by law, and promptly thereafter close its business; hut after it has closed its business it shall have corporate capacity to sue and shall be liable to suits until its affairs and liabilities are fully closed. 252. No bank shall receive, directly or indirectly, a greater rate of interest than shall be allowed by law to individuals for lending money. 253. Neither the State nor any political subdivi- sion thereof shall be a stockholder in any bank, nor shall the credit of the State or any political subdivision there- of be given or lent to any banking company, association or corporation. 254. The Legislature shall by appropriate laws provide for the examination, by some public offi- cer, of all banks and banking institutions and trust com- panies engaged in banking business in this State; and each of sucb banks and banking companies or institu- tions shall, through its president or such other officer as the Legislature may designate, make a report under oath of its resources and liabilities at least twice a year. 255. The provisions of this article shall apply to all banks except National banks, and to all trust companies and individuals doing a banking business, whether in- corporated or not. 1734 Journal of Alabama AKTICLE XIV. EDUCATION. 256. The Legislature shall establish, organize and maintain a liberal system of public schools throughout the State for the benefit of the children thereof between the ages of seven and twenty-one years. The public school fund shall be apportioned to the several counties in projDortion to the number of school children of school age therein, and shall be so apportioned to the schools in the districts or townships in the county as to pro- vide, as nearly as practicable, school terms of equal duration in such school districts or townships. Separ- ate schools shall be provided for white and colored children, and no child of either race shall be permitted to attend a school of the other race. 257. The principal of all funds arising from the sale or other disposition of lands or other property, which has been or may hereafter be granted or entrusted to this State or given by the United States for education- al purposes shall be preserved inviolate and undimin- ished; and the income arising therefrom shall be faith- fully applied to the specific object of the original grants or appropriations. 258. All lands or other property given by indi- viduals, 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 ap- plied to the maintenance of the public schools. 259. All poll taxes collected in this State sliall be ap- plied to the support of the public schools in the respect- ive counties where collected. 260. The income arising from the Sixteenth Sec- tion trust fund, the surplus revenue fund, until it is called for by the United States government, and the funds enumerated in Sections 257 and 25S of this Con- stitution, together with a special annual tax of thirty cents on each one hundred dollars of tax )ble property in this State, which the Legislature shall levy, shall be ap- plied to the support and maintenance of the public schools, and it shall be the duty of the Legis- lature to increase the public school fund from time to CONSTITUTIO'NAL CONVENTION. 1735 time as the necessity therefor and the condition of the treasury and tlie resources of the State may justify; provided, that nothing lierein contained shall be so con- strued as to authorize the Legislature to levy in any one year a greater rate of State taxation for all purposes, including schools, than sixty-five cents on each one hun- dred dollars worth of taxable property; and provided further, that nothing herein contained shall prevent the Legislature from first providing for the payment of the bonded indebtedness of the State and interest thereon out of all the revenues of the State. 261. Not more than four per cent, of all moneys raised or which may hereafter be appropriated for the support of public schools, shall be used or expended otherwise than for the payment of teachers employed in such -schools; provided, that the Legislature maj^, by a vote of two-thirds of each House, suspend the opera- tion of this section, 262. The supervision of the public schools shall be vested in a Superintendent of Education, whose powers, duties and compensation shall be fixed by law. 263. No money raised for the support of the public schools shall be appropriated to or used for the sup- port of any sectarian or denominational school. 264. The State University shall be under the manage- ment and control of a board of trustees which shall con- sist of two members from the Congressional district in Avhich the University is located, one from each of the other Congressional districts in the State, the Super- intendent of Education and the Governor, who shall be ex-officio president of the board. The members of the IBoard of Trustees as now constituted shall hold office until their respective terms expire under existing law, and until their successors shall be elected and confirmed as hereinafter required. Successors to those trustees whose terms expire in nineteen hundred and two shall liold office until nineteen hundred and seven ; successors to those trustees whose terms expire in nineteen hun- dred and four shall hold office until nineteen hundred and eleven ; successors to those trustees whose terms ex- pire in nineteen hundred and six shall hold office until nineteen hundred and fifteen; and thereafter tlieir successors shall hold office for a term of 1733 Journal of Alaba,ma twelve years. When the term of any member of sudi board shall expire, the remaining members of the board shall by secret ballot elect his successor; provided, that any trustee so elected shall hold office from the date of his election until his confirmation or rejection by the Senate, and, if confirmed, until the expiration of the term for which he was elected, and until his successor is elected. At every meeting of the Legislature the Sup- erintendent of Education shall certify to the Senate the names of all who shall have been so elected since the last session of the Legislature, and the Senate shall confirm or reject them, as it shall determine is for the best inter- est of the University. If it reject the names of any members, it shall thereuiDon elect trustees in the stead of those rejected. In case of a vacancy on said board by death or resignation of a member, or from any cause other than the expiration of his term of office, the board shall elect his successor who shall hold office until the next session of the Legislature. No trustee shall receive any pay or emolument other than his actual expenses- incurred in the discharge of his duties as such, 265. After the ratification of this Constitution there shall be paid out of the treasury of this State at the time and in the manner provided by law, the sum of not less than thirty-six thousand dollars per annum as interest on the funds of the University of Alabama, heretofore covered into the treasury, for the maintenance and sup- port of said institution; provided, that the Legislature shall have the power at any time they deem proper for the best interest of said University to abolish the mili- tary system at said institution, or reduce the said sys- tem to a department of instruction, and that such action onthepart of the legislature shall not cause any diminu- tion of the amount of the annual interest payable out of the treasury for the support and maintenance of said University. 266. The Alabama Polytechnic Institute, formerly called the Agricultural and Mechanical College, 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 institute is locateni, and one from each of the other Congressional districts- Constitutional Convention. 173T in the State, the State Superintendent of Education and the Grovernor, who shall be ex-officio president of the board. The trustees shall be appointed b}^ the Governor, by and with the advice and consent of the Senate, and shall hold office for a term of twelve years, and until their successors shall be appointed and qualified. The board shall be divided into three classes, as nearly equal as may be, so that one-third may be chosen quad- riennially. Vacancies occurring in the office of trustees from death or resignation, and the vacancies regularly occurring in the year nineteen hundred and five shall be filled b}' the Governor, and such appointee shall hold office until the next meeting of the Legislature. Suc- cessors to those trustees whose terms expire in nineteen hundred and three shall hold office until nineteen hun- dred and eleven; successors to those whose terms ex- pire in nineteen hundred and five shall hold office until nineteen hundred and fifteen; and successors to those whose terms expire in nineteen hundred and seven shall hold office until nineteen hundred and nineteen. No trustee shall receive any pay or emolument other than his actual expenses incurred in the discharge of his duties as such. 267. The Legislature shall not have power to change the location of the State University, or the Alabama Polytechnic Institute, or the Alabama schools for the Deaf and Blind, or the Alabama Girls' Industrial school, as now established by law, except upon a vote of two- thirds of the Legislature taken by yeas and nays and en- tered upon the Journals. 268. The Legislature shall provide for taking a school census by townships and districts through- out the State not oftener than once in two years, arid shall provide for the punishment of all persons or offi- cers making false and fraudulent enumerations and re- turns ; provided, the State Superintendent of Education may order and supervise the taking of a new census in any township, district or county, whenever he may have reasonable cause to believe that false or fraudulent re- turns have been made. 269. The several counties in this State shall have power to levy and collect a special tax not ex- ceeding ten cents on each one hundred dollars 1738 Journal of Alabama of taxable property in such counties, for the support of public schools; provided, that the rate of such tax, the time it is to continue, and the purpose thereof, shall have been first submitted to a vote of the qualified electors of the county, and voted for by three-fifths of those voting at such election; but the rate of such special tax shall not increase the rate of taxation. State and county combined, in any one year, to more than one dollar and twenty-five cents on each one hundred dollars of taxable property; excluding, how- ever, all special county taxes for public build- ings, roads, bridges and the payment of debts existing at the ratification of the Constitution of eighteen hundred and seventy-five. The funds arising from such special school tax shall be ap- portioned and paid through the proper school officials to the several schools in the townships and districts in the county that the school terms of the respective schools shall be extended by such supplement as nearly the same length of time as practicable; provided, that this sec- tion shall not apply to the cities of Decatur, New De- catur and Cullman. 270. The provisions of this article and of any act of the Legislature passed in pursuance thereof to establish, organize and maintain a system of public schools throughout the State, shall apply to Mobile county only so far as to authorize and require the authorities designated by law to draw the portions of the funds to which said county shall be entitled for school purposes and to make reports to the Superin- tendent of Education as may be prescribed by law; and all special incomes and powers of taxation as now authorized by law for the benefit of public schools in said county shall remain undisturbed until otherwise provided by the Legislature; provided, that separate schools for each race shall always he maintained by said school authorities. ARTICLE XV. MILITIA. 271. The Legislature shall have power to de- jclare who shall constitute the militia of the State, and Constitutional Convention. 1739 to provide for organizing, arming and disciplining the same ; and the Legislature may provide for the organiza- tion of a State Naval Militia. 272. The Legislature, in providing for the organiza- tion, equipment and discipline of the militia, shall con- form as nearly as practicable to the regulations for the government of the armies of the United States. 273. Each company and regiment shall elect its own company and regimental officers; but if any com- pany or regiment shall neglect to elect such officers with- in the time prescribed by law, they may be appointed by the Governor. 274. Volunteer organizations of infantry, cavalry, and artillery and naval militia may be formed in such manner and under such restrictions and with such privi- leges as ma}^ be provided by law. 275. The militia and volunteer forces shall, in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at musters, parades and elections and in going to and re- turning from the same. 276. The Governor shall, with the advice and con- sent of the Senate, appoint all general officers, whose terms of office shall be four years. The Governor, the generals and regimental and batallion commanders shall appoint their own staffs, as may be provided by law. 277. The Legislature shall provide for the safe- keeping of the arms, ammunition and accoutrements, and military records, banners and relics of the State. 278. The officers and men of the militia and volun- teer forces shall not be entitled to or receive any pay, rations or emoluments when not in active service. ARTICLE XVI. OATH OF OFFICE. 279. All memhers of the Legislature, and all officers, executive and judiciaL before they enter upon the exe- cuUoii of the dutie.^ of their respective offices, shall take the following oath or affiraiation : ''I, , solemnly swear (or affirm, as the case may be), that I will support the Constitution of the United States, and the Constitution of the State of Ala- 1740 Journal of Alabama bama, so long as I continue a citizen thereof; and that I will faithfully and honestly discharge the duties of the office upon which I am about to enter, to the best of my ability. So help me God." This oath may be administered by the presiding officer of either House of the Legislature, or by any officer authorized by law to administer an oath. ARTICLE XVII. MISCELLANEOUS PROVISIONS. 280. No person holding an office of profit under the United States, except postmasters, whose annual sal- aries do not exceed two hundred dollars, shall during his continuance in such office hold any office of profit under this State; nor, unless otherwise provided in this Constitution, shall any person hold two offices of profit at one and the same time under this State, except Jus- tices of the Peace, Constables, Notaries Public, and Commissioners of Deeds. 281. The salary, fees or compensation of any officer holding any civil office of profit under this State or any county or municipality thereof, shall not be increased or diminished during the term for which he shall have been elected or appointed. 282. It is made the duty of the Legislature to enact all laws necessary to give effect to the provisions- of this Constitution. 283. The act of the General Assembly of Alabama, entitled "An Act to consolidate and adjust the bonded debt of the State of Alabama," approved February 18th, 1895, and an act amendatory thereof entitled "An Act to amend Section 6 of an act to consolidate and adjust the bonded debt of the State of Alabama, approved Feb- ruary 18th, 1895," which said last named act was ap- proved February 16th, 1899, are hereby made valid, and both of said acts shall have the full force and effect of law, except insofar as they authorize the redemption be- fore maturity of the bonds authorized br said acts to be issued. The Governor is authorized and empowered to act under the same and to carry out all tlie ])rovisions Constitutional Convention. 1741 thereof; provided, that the bonds authorized to be issued by said acts and issued thereunder may be made payable at any time, not exceeding fifty years from the date thereof, and shall not be redeemable until tlieir ma- turity. ARTICLE XVIII. mode of amending the constitution. 284. Amendments may be proposed to this Constitu- tion by the Legislature in the manner following: The proposed amendments shall be read in the House in which they originate on three several days, and if upon the third reading three-fifths of all the members elected to tliat House shall vote in favor thereof the proposed amendments shall be sent to the other House, in which they shall likewise be read on three several days, and if upon the third reading three-fifths of all the members elected to that House shall vote in favor of the proposed a.'endments, the Legislature shall order an elec- tion by the qualified electors of the State upon such proposed amendments, to be held either at the general election next succeeding the session of the Legislature at which the amendments are proposed or upon another day appointed by the Legislature not less than three months after the final adjournment of the session of the Legislature at which the amendments were pro- posed. Notice of such election, together with the pro- posed amendments, shall be given by proclamation of the Governor, which shall be published in every county in such manner as the Legislature shall direct, for at least eight successive weeks next preceding the day appointed for such election. On the day so ap- pointed an election shall be held for the vote of the qualified electors of the State upon the proposed amend- ments. If such election be held on the day of the gen- eral election, the officers of general election shall open a poll for the vote of the qualified electors on the proposed amendments ; if it be held on a day other than that of a general election, officers for such election shall be appointed, and the election shall be held in all things in accordance with the law governing general elections.. 1742 ■ Journal of Alabama In all elections npon such proposed amendments, the votes cast thereat shall be canvassed, tabulated, and re- turns thereof made to the Secretary of State, and counted, in the same manner as in elections for Representatives to the Legislature; and if it shall- thereupon appear that a majority of the qualified elect- ors who voted at such election upon the proposed amend- ments voted in favor of the same, such amendments shall be valid to all intents and purposes as parts of this Con- stitution. The result of such election shall be made known by procamation of the Grovernor. Representa- tion in the Legislature shall be based upon population, and such basis of representation shall not be changed b}^ constitutional amendment. 285. Upon the ballots used at all elections provided for in Section 284 of this Constitution the substance or sub- ject matter of each proposed amendment shall be so print- ed that the nature tliereof shall be clearly indicated. Fol- lowing each proposed amendment on the ballot shall be printed the words "Yes" and immediately under that shall be printed the words "No." The choice of the elector shall be indicated by a cross mark made by him or under his direction, opposite the "word expressing his desire, and no amendment shall be adopted unless it receives the affirmative vote of a ma- jority of all the qualified electors who vote at such election. 286. No convention shall hereafter be held for the purpose of altering or amending the Constitution of this State, unless after the Legislature by a vote of a majority of all the members elected to each House has passed an act or resolution calling a Convention for such purpose, the question of Convention or No Conven- tion shall be first submitted to a vote of all the qualified electors of the State, and approved by a majority of those voting at such election. No act or resolution of the Legislature calling a convention for the purpose of altering or auu^nding the Constitution of this State, shall be repealed except upon the vote of a majority of all the members elected to each House at the same ses- sion at which such act or resolution was passed; pro- Constitutional Convention. J 74 3 vided, nothing' herein contained shall be construed as re- stricting the jurisdiction and power of the Convention, when duh' assembled in pursuance of this section, to es- tablish such ordinances and to do and perform such things as to the Convention may seem necessary or proper for the purpose of altering, revising or amending the existing Constitution. 287. All votes of the Legislature upon proposed amendments to this Constitution, and upon bills or resolutions calling a Convention for the purpose of al- tering or amending the Constitution of this State, shall be taken by yeas and nays and entered on the Journals. No act or resolution of the Legislature passed in accordance with the provisions of this article, proposing amendments to this Constitution, or calling a conven- tion for the purpose of altering or amending the Con- stitution of this State, shall be submitted for the ap- proval of the Governor, but shall be valid without his approval. SCHEDULE. In order that no injury or inconvenience may arisj from the alterations and amendments made by this Con- stitution to the existing Constiution of this State, and to carry this Constitution into effect, it is hereby or- dained and declared : 1. — That all laws in force at the ratification of this Constitution and not inconsistent therewith, shall re- main in full force until altered or repealed by the Leg- islature; and all rights, actions, prosecutions, claims and contracts of the State, counties, municipal corporations, individuals or bodies corporate, not inconsistent with this Constitution, shall continue to be valid as if this Constitution had not been ratified. 2. — That all bonds executed by or to any officer of this State, all recognizances, obligations and all other instruments executed to this State, or to an}^ subdivision or municipality thereof, before the ratification of this Constitution, and all fines, taxes, penalties and forfeit- ures due and owing to the State, or any subdivision or- 1744 Journal of Alabama municipality thereof; and all writs, suits, prosecu- tions, claims and causes of action, except as herein "Otherwise provided, shall continue and remain unaffected by the ratification of this Constitution. All indictments which have been found, or which may hereafter be found, for any crime or offense committed before the ratification of this Constitution, shall be proceeded upon in* the same manner as if this Constitution had not heen ratified. 3. — That all the executive and judicial officers, and all other officers in this State, who were elected at the elec- tions held in this State on the first Monday in August, in the years eighteen hundred and ninety-eight and nineteen hundred, or who have been appointed since that time, and all members of the present General Assembly and all who may hereafter be elected members of the present General Assembly, and all other officers holding office at the time of the ratification of this Constitution, shall, except as otherwise provided in this Constitution, continue in office and exercise the duties thereof until their respective terms shall expire, as provided by the Constitution of eighteen hundred and seventy-five, or the laws of this State. 4. — This Constitution shall be submitted to the qualified electors of this State for ratification or re- jection, as authorized and required by an act of the Gen- eral Assembly of this State, entitled, "an act to provide for holding a Convention to revise and amend the Con- stitution of this State," approved the eleventh day of De- cember, nineteen hundred; and no elector shall be de- prived of his right to vote at the election to be held for such purpose by reason of his not being registered. 5. — That instead of the publication as required by the act to provide for holding a Convention to revise and amend the Constitution, approved the eleventh day of December, nineteen hundred, the Governor of this State is hereby authorized to take such steps as will give general publicity and circulation to this Constitution in a manner as economical as prac- ticable. 6. — The salaries of the Executive and Judicial and all other officers of this State, who may be holding office at the time of the ratification of this Con- Constitutional Convention. 1745 stitution, and the pay of the present members of the General Assembly, shall not be affected by the provisions of this Constitution. Done by the people of Alabama, through their dele- gates in Convention assembled in the hall of the House •of Representatives, at Montgomery, Alabama, this the third day of September, Anno Domini, nineteen hundred and one. John B. Knox, President. Attest : Frank N. Julian, Secretary. David C. Almon, W. A. Altman, John T. Ashcraft, W. H, Banks, J. H. Barefield, W. H. Bartlett, J. Robert Beavers, C. P. Beddow, D. S. Bethune, Samuel Blackwell, Burwell Boykin Boone, Leslie E. Brooks, C'ecil Browne, Thomas L. Bulger, John I). Burnett, John F. Burns (1875-1901), John A. Byars, H. W. Cardon, A. H. Carmichael, M. S. Carmichael, G. H. Carnathan, Davy Crockett Case, ReuT)en Chapman, James Edward Cobb, W. T. L. Cofer, Thomas W. Coleman, E. W. Coleman, Thomas eL Cornwell, 110 1746 Journal of Alabama B. H. Craig, H. M. Cunningham^ John A. Davis, Hubert T. Davis, S. H. Dent, Ed. deGraffenriedy Joseph B. Dulve, B. T. Eley, John C. Eyster, T. M. Esp3^, Charles W. Ferguson, William C. Fitts, A. kS. Fletcher, J. M. Foster, N. H. Freeman, J. A. Gilmore, William Franklin Glover,. Edward A. Graham, Joseph B. Graham, L. W. Grant, John W. Grayson, Leonard F. Greer, Sr., Charles H. Greer, C. L. Haley, William A. Handley, Geo. P. Harrison (1875-1901)^ J. Thomas Heflin, John T. Heflin, Jere C. Henderson, Evans Hinson, Patrick W. Hodges, Oliver R. Hood, ^ Wilson P. Howell, Augustin Clayton Howze, W." B. Inge, E. C. Jackson, Samuel C. Jenkins, John C. Jones, J. ^TcLean Jones, Thomas G. Jones, I\i chard C. Jones^ Constitutional Convention. 1747 James T. Kirk, W. W. Kirkland, William N. Knight, R. B. Kyle, Emmett W. Ledbetter, Norville K. Leigh, Jr., Lawrence "^V. Locklin, Tennent Lomax, J. Lee Long, T. L. Long^ Eobert J. Lowe, William T. Lowe, Gordon Macdonald, B. F. McMillan, Lee McMillan, George H. Malone, J. T. Martin, J. C. Maxwell, Allen H. Merrill, Charles H. Miller, Joseph N, Miller, ]\rilo Moody, W. O. Mnlkey, Joel D. Mnrphree (1875-1901), C. C. NeSmith, J. D. Norman, Joseph Norwood, Wm. C. Gates (1875-1901), Emmett O'Neal, John W. O'Neill, Henry Opp, Rufus A. O'Rear, Dabney Palmer, George H. Parker, John H. Parker, Sr., James P. Pearce, Erie Pettns, E. A. Phillips, Harry Pillans, P. U. Pitts, John H, Porter, John Franklin Proctor, ^ 1748 Journal of Alabama Henrv Fontaine Eeese (Dallas) N. pfKenfro, E. J. Keynolds, J. J. Robinson, C. P. Kogers, Sr., John Aduston Eogers of Sumter Oountj, Ala., Wni. Hodges Samford, ^Y. T. Sanders, John William Augustine Sanford, George A. Searcy, Henr^' C. Selheimer, James O. Sentell, J. B. Sloan, Jr., Gregory L. Smith, Mac. A. Smith, Morgan M. Smith, M. S^ollie, George A. Sorrell, Napoleon B. Spears, Robert E. Spragins, J. H. Stewart, W. H. Tayloe, J. F. Thompson, Watkins M. Vaughan, Boswell deGraffenried Waddell, Eichard W. Walker, Thomas H. Watts, John B. Weakley, James Weatherly, Frank S. White, W. W. Whiteside, Gesner Williams (Marengo), Arthur E. Williams, Massey Wilson, Jere N. Williams, Edward P. Wilson, James J. Winn, E. E. Morrisette, E. D. Willett. Constitutional Convention. 1749 report of standing committee. Mr. Heflin, of Randolph, chairman of the Commit- tee on Sehednle, Printing- and Incidental Expenses, reported favorably the following- ordinance, which was read at length: An ordinance to provide for the payment of the Sec- retary of the Convention and his assistants for services to be rendered after the adjournment of the Conven- tion. Whereas, The Secretaiy will be unable to complete the clerical work of the Convention before adjourn- ment;' Therefore, be it ordained by the people of Alabama, in Convention assembled, That the sum of |200 or so mucii thereof as may be necessar}^, be and the same is hereby appropriated to be paid to F. N. Julian, Secre- tary of the Convention, for compensation for services necessary to be rendered by him and his assistants after the adjournment of the Convention in completing the clerical work of the Convention. Be it further ordained that the President of the Con- ■^ention is hereby authorized after the adjournment of the Convention to certify the amount due to said Sec- retary to the State Auditor, who shall draw his war- rant in favor of the said Secretary upon the State Treasurer for the amount so certified by the President. The rules were suspended and the ordinance was adopted : Yeas, 103 ; nays, 6. YEAS. Messrs. President, Burnett, Altman, Cardon, Ashcraft, ('armichael (Colbert), Banks, Carnathon, Barefield, Case, Bethune, Chapman, Blackwell, Cobb, Boone, Coleman (Greene), Brooks, Coleman (Walker), Bulger, Craig, 1750 Journal of Alabama Davis (DeKalb), Davis (Etowah), Dent, deGraffenried, Duke, Eley, Eyster, Espy, Fitts, Fletcher, Foster, Gilmore, Glover, Graham (Talladega), Grayson, Greer (Calhoun), Haley, Handley, Harrison, Heflin ( Chambers ) , Heflin (Randolph), Henderson, Hood, Howell, Howze, Jackson, Jenkins, Jones (Bibb), Jones (Montgomery), Jones (Wilcox), Kirk, Kirkland, Knight, Kyle, Leigh, Lomax, Lowe (Lawrence), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Maxwell, Merrill, Miller (Marengo), Moody, Murphree, NeSmith, Norman, Xorwcod, Gates, O'Neal ( Lauderdale ) , O'Rear, Palmer, Parker (Cullman), Parker (Elmore), Pierce, Pettus, Pillans, Pitts, Ken fro, Reynolds (Henry), Rogers (Lowndes), Sanders, Sanford, Seaj'cy, Selheimer, Sentell, Smith (Mobile), Smith, Mac. A., Smith, Morgan M., Sorrell, Sncars. Spi-agins, Tayloe, Thompson, Vaughan, Wnddell, Walker, Weakley, AA'liiteside, Williams (Barbour), AVilliams (Elmore), Wilson (Clarke), Winn— 103. Constitutional Convention. 1751 NAYS. Messrs. Bartlett, Phillips, Bjars, Reynolds (Chilton), Foshee, Stiiddard — 6. Mr. Heflin of Randolph, also called up for adoption the report of the Committee on Schedule, Printing and Incidental Expenses, which was read at length as fol- lows and adopted: Yeas, 125; nays, 0. Mr. President: The Committee on Schedule, Printing and Incidental Expenses has instructed me to make this, our final, re- port : The Committee has carefully considered all ordi- nances, resolutions, accounts and petitions which were referred to said committee, most of said accounts were allowed, some were scaled and few were not allowed. We herewith return to the Convention all ordinances, resolutions, petitions, etc., that were referred to said -committee. The committee has audited the accounts hereto at- tached and finds that the State of Alabama is indebted to Marshall & Bruce of Nashville, Tenn., in the sum of •|7.00. We find that said State is indebted to the Brown Printing Company, of Montgomery, Ala., in the sum of •|207.50. We find that said State is indebted to the Ed. C. Fow- ler Co., of Montgomery, Ala., in the sum of $64.40. We find that said State is indebted to the Montgom- ery Advertiser of Montgomery, Ala., in the sum of |.75. We find that said State is indebted to Robert Has- son, doorkeeper, in the sum of .|6.10. We find that said State is indebted to Jos. S. Wing of Montgomery, Ala., in the sum of |6.70. All of the above amounts are for printing done, and for articles furnished the State of Alabama for use of the Constitutional Convention, and all of the above accounts are itemized as shown by bills hereto attached. Total amount |292.45, and we recommend the payment of the same. All of which is respectfully submitted. John T. Heflin^ Chairman. 1752 Journal of Alabama YEAS. Messrs. President, Altman, Ashcraft, Banks, Barefield, Beavers, Beddow, Blackwell, Boone, Brooks, Browne, Bulger, Burnett, Burns, Byars, • Cardon, Carmichael (Colbert), Carmicliael (Coffee), Carnatlion, Case, Chapman, Cobb, Coleman (Greene), Cunningham, Davis (DeKalb), Davis, (Etowah), Dent, deGraffenried, Duke, Eley, Eyster, Espy, Ferguson, Fitts, Fletcher, Foshea, Foster, Gilmore, Glover, Graham ( Montgomery )y Graham (Talladega), Grayson, Greer (Calhoun), Greer (Perry), Haley, Handley, Harrison, Heflin (Chambers), Heflin (Randolph),. Henderson, Hinson, Hodges, Howell, Inge, Jackson, Jenkins, Jones (Bibb), Jones (Wilcox),. Kirk, Kirkland, Knight, Kyle, Leigh, Lomax, Long (Walker), Lowe (Jeiferson), Lowe (Lawrence), Macdonald, McMillan (Baldwin), McMillan (Wilcox), Malone, Martin, Merrill, Miller (Marengo), INliller (Wilcox), ]\roody. Constitutional Convention. 1753: Mulkey, Murphree, NeSmith, Norwood, Gates, O'Neal (Lauderdale), Opp, O'Rear, Parker (Cullman), Parker (Elmore), Pearce, Pettus, Pillans, Pitts, Porter, Renfro, Reynolds (Chilton), Reynolds (Henry), Robinson, ^ Rogers ( Lowndes ) , Rogers (Sumter), Sanders^ Sanford, Searcy, Selheimer. Sentell, Sloan, Smith (Mobile), Smith, Mae. A , Smith, Morgan M., Sollie, Sorrell, Spragins, Stewart, Tayloe, Thompson, Vaughan, Waddell, Walker, Watts, Weakley, Weatherly, Whiteside, Williams (Barbour), Williams (Marengo), Williams (Elmore), Wilson (Clarke), Wilson (Washington), Winn— 125. appointment of committee. The President, under the resolution heretofore adopted, raising a committee for the purpose of prepar- ing an address on the Constitution, appointed the fol- lowing committee: First district, Gregory L. Smith. Second district, Thomas G. Jones. Third district, Thomas M. Espey. Fourth district, Henry H. Reese, Fifth district, James E. Cobb. Sixth district, Thomas W. Coleman. Seventh district, O. R. Hood. Eighth district, R. W. Walker. Ninth district, James Weatherly. 1754 Journal of Alarama adjournment. On motion of Mr. deGraffenried the Convention ad- journed sine die, after divine blessing had been invoked by Dr. A. L. Andrews of the city. John B. Knox, President of the Constitutional Convention. Attest : Frank N. Juuian, Keeretarv- Constitutional Convention. 1755 ADDRESS OF THE COMMITTEE. To the People of Alahania: The Convention lately assembled bj 3011 to amend, and revise the Constitution of Alabama asks yours con- siderate judgment upon the new instrument, and has appointed the undersigned delegates to la}- before you the reasons which urge its ratitication. It is no disparagement of the wisdom or fidelity of the Convention of 1875 to declare that the proposed Constitution is far better for us than our present or- ganic law. PROBLEMS BEFORE THE CONVENTION OF 1875. That Convention met when the passions of the great "w^ar had not yet subsided, and sectional distrust was «till acute and aggressive. The Congress of the United States, and public opinion in the dominant sections "were still unconvinced that a government for the peo- ple of Alabama, controlled or directed by the suffrage of former African slaves, was neither justifiable nor pos- sible. Our then fundamental law, framed by aliens, had been put in force by military power, after its re- jection at the polls. The State was burdened with di- rect debt, and liable for many millions of dollars lost or squandered in reckless railroad enterprises. Our people had just regained control of their State govern- ment, and were suffering from the miseries of long years ■of misrule and the depression inevitable from the read- justment of our systems of labor and industry. It could not be foreseen whether Congress would interfere, if <^hanges were made in the basis of suffrage. Above all things, the State needed rest. Under such conditions the Convention of 1875 had little freedom of action. Its members shared the opin- ion of the masses of the people, that beyond the adoption of a Constitution which should be the free act of Ala- bama, with such provisions as were absolutely neces- sary to prevent excessive taxation, the creation of new debts, and to enforce economy in the government. 1756 Journal of Alabama few changes should be undertaken in the organic law. Dreading Federal intervention, that Convention did not disturb the existing basis of sutfrage, but felt compelled to fasten it upon us by restrictions, going far beyond the Fifteenth amendment, forbidding ''any educational or property qualification for suffrage or office." With the great question thus put aside, the task of that Conven- tion was comparatively simple, and could be speedily accomplished. THE GREATER TASK OF THE CONVENTION OF 1901. The relief afforded by that Constitution, in the nature of things, could only be transient, since the growing cancer of the suffrage remained untouched, while the State meanwhile was rapidly changing from agricul- tural pursuits to mining, manufacturing and other in- dustries, and increasing from year to year in population and wealth. It was inevitable that insistent demands Avould arise, from time to time, for a Constitutional Convention to adjust the existing organic law to our present needs. The final response to these demands was the act of the General Assembly of 1901, and the ap- proval by the people of the call for a Constitutional Convention. Compelled to find some solution for the evils which its predecessors did not attempt to solve, and confronted by new conditions, and faults developed by the work- ings of the present Constitution, the Convention of 1901 fully realized the magnitude of its task, the completion of which did not admit of the haste permissible under the conditions existing in 1875. The Convention felt it a high duty, no less to you than to itself, to proceed cautiously, and to act finally only after the maturest dis- cussion and delil)eration. The result is befcn-e you. Care- ful scrutiny and review of the many changes will show their importance, and prove their benefits. At the sacri- fice of brevity, we set out these changes in substance that you may judge of them by what they are, rather than by what we say. SUFFRAGE. Tl)e years since the adoption of the Coustitntion of 1875 have been one long battle to ])revent tlie undermin- ing of our institutions bj' the participation in our gov- Constitutional Convention. 1857 €riiment of a mass of luiworthv ov vicious voters. Daily experience lias brought home to you, with a force to which no recital by us eau add, the array of evils which follow in the train of such a struggle, and the fearful sweep in the future, if we can not find other means to in- sure good government. Kelief from present conditions is essential to our morals, our peace and our welfare. Nothing could be Avorse than the inevitable o])eration of our present sutfrage provisions. Any change whicli re- stricts the evil, must be improvement. With the choice of means narrowed by the Fifteenth amendment, and complicated by the necessities and con- ditions of different localities, the task of framing a remedy which would meet your desires and be free from objection or attack upon moral or constitutional grounds has not been an easy one. Your delegates have wrought as best they could, and submit the result of their labors, feeling confident that the plan submitted will purge the electorate of the unworthy and vicious voter who has so long debased our suffrage. The Suffrage Article of the proposed Constitution pro- vides for the registration of all voters under the pres- ent law who have honorably served their country in war, the lawful descendants of such persons, and all who are of good character and who understand the duties and obligations of citizenship under a republican form of government. This provision saves to every man who avails himself of it, the privilege of suffrage for life. The result will be that the ballot will be left in the hands of those of our present voting population who have demonstrated their capacity to exercise the privilege in the interest of social order and progress; and the right to a place on such permanent registration will be denied only to the mass of vicious or unworthy voters, which has so long threatened our welfare. The fact was recognized that the qualities of good citizenship and the capacity and disposition to exercise the voting privilege properly, are so generally possessed by that part of our present voting population which is composed of those who have honorably served in our wars and the lawful descendants of such persons, that a due regard 1758 Journal of Alabam.\. for the public welfare would uot warrant anj interfer- ence with that right as now enjo^^ed by them. All such persons, and all who are of good character and who understand the duties and obligations of citizenship, will have the unchallenged right to register for life. It is confidenth' asserted that no worthy man, now an elector, or who would become an elector under existing laws prior to the first day of January, 1903, can have an3' difficulty in registering as a voter for life;. or, once being registered, can be debarred from future participa- tion in the government. The question of the consistency of this provision with the requirements of the Consti- tution of the United States was fully and patiently con- sidered by the Convention. The only doubt developed w^as in reference to the feature securing the right to vote to those whose claim rests solely upon the fact that they are descendants of men w^ho honorably served in our wars. This objection was nuide by four of the- twenty-five members of the committee to which the sub- ject of suffrage was referred by the Convention ; and, though the objection was concurred in by some other members of the Convention, after patient deliberation: and full discussion b}" the committee and by the Con- vention, an overwhelming majority of the Convention- remains fully satisfied of the wisdom and validity of their action in this particular. The delegates who dif- fered on this point from the great majority of their as- sociates (save only the few who represented political ideas which proclaimed hostility in advance to our- work), agree that whether this one special clause of the article be stricken down or upheld, the several provis- ions of the article, wliose clauses are separate and not dependent the one on the other, embody the only practi- cable lines in reach of any reform of the peculiar con- ditions which breed bad suffrage; and that opposition to the ratification of the Constitution, because of this one clause, is not only the rejection of the manifest good in the other articles, but inevitable hostility to any feasi- ble attempt to better our suffrage, and is, therefore, not justified, but deeply to be deplored. We have all to gain and nothing to lose by ratifying the new instrument.. Constitutional Convention. 1759- It must be apparent to reflecting minds that Federal in- terference, the risk of whicli is sometimes put forward as a reason for opposition to the new instrument, is muck more lilvclj to be provoked in the future by the con- tinuance of existing methods for the control of the suflrage, than by any change wrought by the ratifica- tion of the new instrument. The above mentioned registration will be made in each county by a board of three reputable and suitable persons, residents of the county, to be appointed by the Governor, Auditor and Commissioner of Agriculture. The effect of that registration will be the elimination of a great mass of vicious and incompetent voters. Fur- ther, provision is then made to maintain for the future the standard of the electorate. A lack of the qualities of intelligence, thrift, and a regard for the public wel- fare generally characterizes that part of our present vot- ing population whose participation in the government of the State is sought to be abridged. The object of the educational and property qualifications proposed for those who shall become of age and seek the right to vote after January 1st, 1903, is the exclusion of that unde- sirable class. Those qualifications should appeal strongly to the mothers and fathers and youth of the land. The requirements will be within the reach of all worthy men. The desire to fulfill them will uplift those who are to come after us to keener appreciation of the privilege of suffrage and better fit them for the ennobling and re- sjx)nsible duties of citizenship. What manly and self- respecting youth in this day of abundant opportunities of free education and self-advancement, will listen to the debasing cry of those who wish to prevent our de- liverance, that the State wrongs the youth when it asks in return for the privilege of voting two years hence, that he prepare himself by learning, within the ample time given him, to read parts of the Constitution of the United States, or develop sufficient character and thrift to accumulate a rerj small amount of property which the humblest starting life under the most adverse cir- cumstances can quickly acquire? What right-thinking or self-honoring man is willing to claim and enjoy all 1760 Journal of Alabama the benefits of governmeut and is im willing to make any sacrifice or contribute anTtliing whatever to sustain it? Scarce a generation since thousands of Alabamians risked and sacrificed their lives for the welfare of the State; and now their children are thought by some so unworthy of their fathers that they are told that the payment of a poll tax of less than half a cent a day, in aid of the public schools, as one of the helps to a higher and better suffrage, demands a sacrifice which they should set in the balance against your efforts to uplift our civilization. We leave the fit answer to this ignoble suggestion to that love of country which has always marked our people, and borne them upward in all their struggles and trials. SHALL WE DESCEND INTO THE MIRE IX ORDER TO BE CLEANSED? Of those who profess a desire to be rid of our evil con- dition and at the same time proclam hostility to our ef- forts, it is proper to ask what, if any, remedy they pro- pose. Can defeat of the new Constitution promote any good end? Will it not fasten upon us the present curse, and cut off all hope of relief for a generation to come? Is it not far better and wiser to take the present step, and if experience proves it ineffectual, to seek further remedy by prompt amendment of the Constitution, which is easy under the new instrument, than to fall back again deeper in the mire, and then hope to rise from its depths and cleanse our institutions? FAIR ELECTIONS. The surest and most enduring foundation for fair elections is honest and intelligent voters. The new in- strument furnishes this great support, by sifting the worthy from the unworthy in selecting those entitled to suffrage. To the penalties which the Legislature has provided, or may provide, to enforce honesty in elections the Constitution itself has added disfranchisement of all who buy or sell votes, or make false returns in legal or Constitutional Convention. 1761 primary elections, and lias made false reg-istration a felon}'. With the elimination of the mass 'of virions Totes, the power of which is always songht to nmjjire the result of elections when good men divide, all excuse or temptation is destroyed to tamper with the ballot box, to prevent the vicious from overturning good govern- ment and imperilling all that is protected by it. With the disappearance of the cause which leads to the vio- lation of the sanctity of elections, public opinion, which is stronger and more far-reaching than law, will again reassert itself and effectually guard the ballot box. Con- sciously or unconsciously, ulterior motives must con- trol the mind which proclaims opposition to the Con- stitution on the pretext that its ratification will cause the continuation of election abuses. education. The importance of public schools to the welfare of the State is recognized and emphasized by the provisions made to sustain education. The new Constitution, of its own vigor, appropriates about eight times as much as the old Constitution. The new instrument preserv- ing all the old sources of revenues, appropriates each year to the j)ublic schools nearly one-half of all the taxes levied and collected by the State, and enjoins upon the Legislature the increase of this fund from time to time as the resources of the State may justify. Power is given counties to levy a special tax, not to exceed 10 cents on each |100 worth of taxable property therein^ for the support of the public schools, when voted by three- fifths of the voters at the election, subject to the limita- tion that the rate of State and county taxation per an- num must not be increased to more than |1.25 on each flOO worth of property, excluding special taxes for bridges and payment of debts existing in 1875. Acknowledgment has been made in the Constitution itself of a just debt to the University, and provision made for the payment of interest thereon. Change has been made in the mode of apjwinting its trustees, which those most interested in the University believe will re- in 1762 JOURNAL OF Alabama doiind to its welfare. Greater^ stability has been given to the Board of Trustees of the Alabama Polvteclmie Institute by longer terms to its trustees. The new instrument has gone to the verge of the ability of the State to sustain and increase schools; and as the State grows in wealth, the Constitution, by its own operation, will correspondingly increase the public contributions to the cause of education. What better response could be made to the impulse of our people for more and better schools? TAXATION. The State tax on property has been decreased from 75 cents per annum on the |100 to 65 cents on the |100. Debts for the rent or hire of real Or personal property, while owned by the landlord or hirer during the year of such rental or hire, are not taxable if the property itself has been assessed at its full value. To meet emergencies, the power of the Governor has been extended to negotiate temporary loans to the amount of |300,000. Counties are forbidden to levy a greater rate of taxation per annum than one-half of 1 per centum; but an additional one-fourth of 1 per cent, may be collected for debts existing at the rati- fication of the Constitution of 1875. To meet debts incurred for public buildings or bridges, a county may levy a tax of one-fourth of one per centum. Under the existing Constitution, the rate of taxation for such pur- poses is unlimited. Cities, towns and villages, with a few excepted by name whose necessities and debts de- manded the exception, are forbidden to levy a higher rate of taxation per annum than one-half of 1 per centum upon the property, as assessed for State taxation during the preceding year. The Legislature is authorized to levy a tax of not more than two and one-half per centum on the value of any real or personal property situate in this State, where the same passes by the laws of descent, or by will, or in- strument taking effect at death, i.o any person, other than the father, mother, husband, wife, brothers, sisters Constitutional Convention. 1763 or children or lineal descendants of the person owning such estate. INCREASING THE TOWER OF THE Pi:OPLE. One prominent object of the new instrument is to bring the government nearer to the people. To this end election is confided to them of some officials heretofore chosen by the Legislature; the requirement is made in case of vacancies, original or otherwise, in executive and judicial offices, that the people fill the office at the next election for any State officer; that counties, cities, towns and villages, before issuing bonds, must obtain an approving vote of their electors ; and that a majority of the qualified electors of a county, voting at an election for that purpose, can alone authorize the removal of a county site. LESSENS THE NUMBER AND FREQUENCY OF ELECTIONS. While providing for effective control by the people of their government, it has been one of the aims of the new instrument to save the people from the expense and tur- moil of an unnecessary number or frequency of elections. The Constitution of the United States requires the hold- ing of an election for Representatives in Congress every two years. Under our present Constitution, there must also be separate elections every two years for all the exe- cutive officers and members of the Legislature. Every fourth year these officers and Sheriffs must be elected. Every sixth year every officer of the State, legislative, executive or judicial, is elected. These frequent elections, and the canvasses which precede them, have become a great burden to the people, largely diverting them from their ordinary pursuits, and promoting instability in the execution of the laws, and policies of the government. To relieve the people from this expense and vexation, the terms of the executive officers and members of the Legislature have been lengthened to four years, and all State and Federal elections are to be held on the same day. In view of the contingency of it again becoming advisable to hold the State and Federal elections at dif- 1764 Journal of Alabama ferent times, the Legislature is authorized to change the time of elections. It is confidently believed that these changes will be grateful to the people, and con- ducive to the public good. DECLARATION OF RIGHTS. The only marked changes under this head are that an application for change of venue for a defendant in jail, or other legal place of confinement, may be heard, on his application, without the personal presence of the de- fendant ; and the courts may, for reasons defined by law, discharge juries from the consideration of any case, without the prisoner's gaining advantage thereby and the omission therefrom of the clause forbidding any property or educational qualification for suffrage or office. LEGISLATIVE DEPARTMENT. The changes in this article are far-reaching and im- portant. By "the law of the land'' we hold all that we have. The rights and interests of the people are most securely guarded, when the law, under the same circum- stances, is the same for all men. Without this, there is no "equality before the law." For years past this great rule of just and good government has been ignored by our General Assembly. Local legislation and private laws have been the rule, and general legislation the ex- ception. Eights and privileges have been conferred with liberal hand upon favored individuals and localities, which could not be had by others under the general law. The time of legislators has been devoted almost wholly to matters of no concern to the general public. The in- terests seeking special favors thronged legislative halls with lobbyists absorbing the time and distracting the attention of the members. The usefulness of a member has come to be measured by the number of private or local laws he can get upon the statute book. These being of prime importance, mem- bers entrusted with local measures frequently feared to Constitutional Convention. 1765 risk opposition by taking a position upon any general law of importance. Tlie vast number of these special measures prevents all scrutiny of tliem, and causes sliocking disregard of the safeguards the Constitution requires in the passage of laws ; and sometimes scandal. The legislator, instead of being the representative of the State, becomes a local monarch to dispense its favors. A so-called courtesy denies a hearing to the people af- fected b}^ these measures, if their immediate representa- tives insist on their passage. General legislation has been almost wholly neglected. . Such measures, when taken up, are enacted without time for due deliberation or consideration, resulting in much crude and hasty legislation. The speed necessary, when such a vast num- ber of bills are passed in a limited session, not infre- quently has prevented proper entries on the Journals, and thus overthrown important general laws, as in the case of at least one general revenue bill. These things have made legislative service distasteful to many whom the people would have been glad to have called into their service. Local and private legislation has thus grown into an intolerable abuse, greatly detracting from the morale of the law-making department, and to some ex- tent Avithdrawing confidence from it. The suppression of this evil, if nothing else had been accomplished, would justfy the cost of the Convention. Under the new Constitution, this evil is plucked up by the roots; for the power of the legislator over such mat- ters has been absolutely annihilated. Instead, provision has been made for general laws, appliealtle alike to all, whereby local and private interests may be secured and protected, with such rights and privileges as are requis- ite. Individuals or localities interested in such matters can obtain relief at home, without submitting them- selves to the caprice of members of the Legislature, or incurring loss of time and money by coming to and re- maining at the seat of government. The constant change or repeal of laws and the substi- tution of new laws in their place, after the people have adjusted their pursuits and business to the old law, is always a drawback to confidence and contentment. The 1766 Journal of Alabama Legislature, having been freed from the necessity of dealing with innumerable local and private interests, which demand more frequent sessions than general sub- jects, a change has been made from biennial sessions to sessions once every four years. This change was induced by the considerations that the laws having a longer time to stand, would be better understood, and, therefor, bet- ter executed, and men could proceed with more confi- dence. The change will also result in the saving to the taxpa^'Crs of |50,000 every four years, which is the cost of the biennial sessions now omitted. It is confidently believed experience will fully vindicate the policy of longer intervals than at present between the sittings of our law-makers. Certain it is, no harm can come to the State; since if the emergency arises, the Governor can call special sessions; while provision has been made for the Legislature to assemble of its own motion, if neces- sary, to exercise the power of impeachment. Many new provisions liave been made to prevent imi)o- sitions^ upon members, or fraudulent practices in the passage of bills; to guards members against improper influences and for la3ing before each regular session of the Legislature revenue bills with such provisions as the experience of the Executive Department may suggest, for their action. No liability, of any person, or corporation, owned by the State, or any county or other municipality thereof, shall be released, or in any way diminished by the Legis- lature, except upon full payment thereof ; nor shall such liability be changed or transferred, except upon the payment of its face value; but the Legislature may, by general law, provide for the compromise of doubtful claims. After suit commenced, the Legislature shall have no ])ower to take away the cause of action, or de- stroy any existing defense to tlie suit. The Legislature is forbidden to enact any law, not applicable to all counties, regulating costs, fees, commissions or allow- ances to public officers. Broad i)owers are specificallv conferred for the "regu- lation, proliibition, or reasonable restraint" of carriers, trusts, monopolies and combinations of capital, "so as Constitutional Convention. 1767 to prevent tliem from making scarce articles of neces- sity, trade or commerce, or from increasing unreason- ably the cost thereof, to the consumer, or preventing reasonable competition in any trade, calling or busi- ness." EXECUTIVE DEPARTMENT. The practice of the people of late, almost without ex- ception, has been to give two terms to the executive offi- cers, and to deny them a third term. The new instru- ment, in lengthening the term to four years, and making them ineligible to succeed themselves, merely adopts, in the organic law, the policy the people themselves have established after long experience as best for their inter- 'BStS. The office of Grovernor is one of great honor. The Gov- ernor more than any other officer, embodies in his own person the dignity and power of the people, and is the «ouree of many good or evil impulses in the administra- tion of the laws. It has been the aim of the new Con- stitution to dignify the office, and consecrate it entirely to the service of the people. The G-overnor is shielded from the misconstruction and opposition often wrongly 'directed against him, when the powers of his office are thought to be swayed by a desire to obtain other offices, and he is saved from the temptation to abuse his powers l)y denying to him during his term and for one year thereafter, the right of election or appointment to the United States Senate, or any office under this State. Am- bition and duty alike under such conditions will bind tim to single-minded devotion to his great trust, leaving the people to mete out such reward as his acts merit, after he has gone out of power. The people always prefer to make direct choice of their Cluef Magistrate. The office of Lieutenant-Gover- nor has been created. He presides over the Senate, and unless called to the discharge of the duties of Governor, receives like per diem as the Speaker of the House. The Governor has been guarded against personal soli- citation of x>ersons seeking pardons by the creation of a 1768 eTouRNAL OF Alabama Board of Pardons, which meets at his call and sits in public, before whom all aj)plications for pardons, com- mutations and paroles in felony cases must be laid, and who must advise with the Grovernor thereon. The Gov- ernor must report his actions to the Legislature, to- gether with the opinion of the board in every case of felonv. Every just safeguard is thus thrown around the exercise of power; but the final responsibility is left where it should always rest, upon the Chief Magistrate. Under the existing .Constitution, when a bill is vetoed the alternative is to allow the bill to fail or to pass it over the veto. In legislation errors and omissions are often inadvertently made which the Legislature would gladly correct, if the opportunity offered to meet exe- cutive objections. Under the new instrument, the Legis- lature has the choice of amending a vetoed bill and again sending it to the Governor, instead of attempting to pass the imperfect bill over the veto. The independence of the Legislature is not thereby trenched upon, since it rests entirely with it to amend the bill or to pass it over the veto. Care has been taken to remove uncertainties in the existing instrument as to the succession, under all con- tingencies, in the office of Governor. The Lieutenant- Governor, Attorney General, State Auditor, Secretary of State and State Treasurer have been added to the officers upon whom succession may devolve. If both the Gover- nor and Lieutenant-Governor die, resign or are removed, more tlian sixty days prior to a general election for any State officer, the Governor and Lieutenant-Governor must be elected at such election for the unexpired term. Provision has been made for ascertaining and declaring^ the disability of executive officers, when they appear to be of unsound mind. The long dispute as to the powers of the Speaker and joint convention of the two Houses respectively, in ascer- taining- and declaring the result of elections for execu- tive officers, has been put at rest, by the Constitutional declaration that the powers of both are purely minis- terial. Constitutional Convention. 176^ judicial department. Many changes have been made in view of past experi- ence, to make the constitutional system more flexible^ and better adapted to local wants. After the first election under the new instrument, two of the Associate Justices of the Supreme Court are to be elected every two years, preventing the possibility^ of an entire change of the per- sonnel of the court every six years, and the uncertainty and oscillation of judicial decisions which sometimes re- sults from such causes. The Legislature may confer upon the Chancery or Circuit Court, the jurisdiction of both courts, and in counties having two or more courts of record, may provide for the consolidation of all courts except the Probate Court, with or without separate divi- sions, with a sufficient number of judges to transact the business of the consolidated court. A Circ"iiit or Chancery division must contain not less than three counties, unless one of them has a population of 20,00!) or more, and taxable property of |3, 500,000. No courts of general jurisdiction at law or in equity, or both, can hereafter be established for any one county having less than 20,000 population and property assessed for taxation at less than |3,500,000. ' . Appointees to judicial vacancies hold office only until the next general election for any State officer, six months after the vacancy occurs. When a new Circuit or Chan- cery division is created more than six months prior to a general election for any State officer, the Governor may appoint the judges thereof, and the appointee holds until the appointee's sucoessor is elected at such election. Soli- citors for each judicial circuit, or other territorial sub- division prescril)ed by the Legislature, are to be elected by the qualified electors. A Solicitor for any particular county may be elected by the qualified electors, or ap- pointed by the Governor, as the Legislature may pre- scribe. Where one or more precincts lie within or partly within a city or town having not less than 1,500 inhabi- tants, the Legislature may provide for the election of not more than two Justices of the Peace and one Con- 1770 Journal of Alabama stable for each j)reeinct, or in lien of all Justices of the Peace therein, may provide an inferior court with very limited civil and criminal jurisdiction. The Legislature shall prescribe uniform fees for Justices and Consta- bles throughout the State. In prosecutions for rape or assault Avith intent to ravish, the court, in its discretion, may exclude from the court room all persons except such as may be necessar}- in the conduct of the trial. The Legislature has power to abolish all courts, except the Supreme and the Probate Courts, when their jurisdiction and functions have been conferred on some other court; but not so as to abridge the term of any officer now in office. Eegistrars in Chancery are required to have re- sided in the district at the time of their appointment, and for one year preceding, and their fees shall be uni- form throughout the State. The Legislature is left free to change or abolish con- stitutional courts, except the Supreme and Probate Courts, and is prevented from establishing courts, as has been sometimes done in the past, for counties whose population and wealth could illy bear the cost of main- taining the court. The new instruments curbs, for the first time, the hitherto unrestricted power of the Legislature to create new courts, and must, therefore, be superior to the old CJonstitution in this respect. Yet there are those who permit themselves to argue that under the lesser and re- ■stricted power in the new Constitution, there is greater danger of abuses in the creation of new courts than was possible under the greater and unrestrained power to increase them under the old instrument. Apprehensions in this respect, if sincerely entertained, will disappear hj the most casual reading of the two instruments. MUNICIPAL CORPORATIONS. There are great changes under tliis head for the pro- tection of the citizen. Streets and public places of cities and towns can not be used for any public utility or pri- vate enterprises without the consent of the proper authorities. The Legislature is forbidden to allow the Constitutional Convention. 1771 payment of a privilege or license tax to the State which will relieve from the payment of all privilege taxes or licenses under its laws. Bonds can not hereafter be is- sued by cities, counties or towns unless first authorized by a majority vote of the qualified electors, with the ex- ception of bond issues for streets, sidewalks and sanitary storm sewers, the cost of which is wholly or in part as- sessed against the abutting property. Cities and towns are forbidden to assess abutting property for the cost of sidewalks, paving raid sewers in excess of the increased value derived by the property therefrom. Hereafter, no county shall become liable for an amount, including ex- isting indebtedness, greater than 3^ per centum of the assessed value of the property therein. Cities and towns with a population of less than 6,000 people can not here- after incur an indebtedness exceeding 5 per cent, of the assessed value of the property therein, save for the pur- chase and constructing of water, gas and electric light- ing plants, sewers and street improvements, for which purposes an additional 3 per centum on the value of the propert}^ therein may be created. Cities and towns hav- ing a population of 6,000 or more inhabitants, are for- bidden to become indebted, including the present in- debtedness, exceeding 7 per cent, of the assessed value of the property therein; not including in such indebtedness a defined amount of temporary loans payable within a year out of the year's taxes, or bonds already issued, or hereafter issued for school houses, water works and sew- ers, street nnd sidewalk improvements, when the latter are assessed against the abutting property. Cities and towns whose present indebtedness exceeds the limita- tion shall not incur further indebtedness, except as to certain towns specified in the article. Owners of fran- chise or public utilities are liable to the abutting pro- prietors for the actual damage done them by the con- struction or operation of public utilities. Cities and lowns with a population of more than 6,000 are borbid- den to grant the right to use streets and public places for water or gas works, telephone and telegraph lines, elec- tric light or power plants, or steam or heating plants, street railroads or other public utility, except railroads 1772 Journal of Alabama other than street railroads, for a longer period than thirty years. BANKS AND BANKING. Banks shall be established under general banking laws and may issue bills to circulate as money, equal in amount to the face value of bonds of the State or the United States, convertible into specie at their face value upon deposit under regulations specified with the State Treasurer. These banks must cease operations Avithin 20 years and close business, unless the charter is re- newed. The Legislature is required to provide for the examination by a public officer of banking institutions and trust companies or individuals engaged in the bank- ing business, and requirement is made of a report by them under oath, at least twice a year, of their resources and liabilities. IMPEACHMENTS. The provisions of the existing Constitution have been changed to obviate the difficulties growing out of the definition ''habitual drunkenness," so as to cover intem- perance in the use of liquors or narcotics, and to meas- ure the off'ense in view of the dignity of the ofitice and the importance of its duties. Sheriffs have been added to the officers who may be impeached before the Supreme Court; and the failure of Sheriffs or deputies to protect l^risoners from mob violence is made an impeachable offense. Provision has been made, when the Legislature is not in session, for the assembling of the House of Kepresentatives to consider tlie impeachment of any per- son administering the office of Governor, and for conven- ing the Senate to try articles of impeachment if preferred by the House. If the Governor or Lieutenant-Governor be impeached, the Chief Justice, or, in event of his ab- sence or disqualification, an Associate Justice selected by the Supreme Court, presides. Constitutional Convention. 1773 representation, The basis of representation remains the same as nnder the existing Constitution, but to permit fairer represen- tation among the counties, the Hoitse of Representa- tives is increased five members, and the Senate two. EXEMPTIONS. No change has been made in this article. MILITIA. No changes of importance have been made in this article. PRIVATE CORPORATIONS. The material changes in this respect are that private 9, to define the powers of married women to contract, 145. Ordinance 200, lo regulate the establishing of stock law dis- tricts, 145. Ordinance 321, to amend Sec. 1, Art. VI of Constitution, 203. Resolution 313, extending sympathy of Convention to Mr. Sollie on the death of his wife, 1414. Explanation of his absence when vote on adoption of Con- stitution was taken, 1640. 1804 INDEX. EXECUTIVE DEPARTMENT. Constitutional provisions (Sections 112-138), 1686. EXECUTIVE DEPARTMENT, COMMITTTEE ON. Report of Committee on, 213, 277. Article proposed by, 217. Report and article ordered printed, 226, 227, 240. Special order for consideration of, 234. Supplemental reports, 239, 240. 259, 350. Consideration of report, 245, 261, 274, 289, 302, 314, 327, 372, 388, 391. 395, 414, 427, 429 431 438. Remarks of Mr. Jones, Chairman, 245. Resolution as to numbering sections of engrossed ordinance on, 405. Ordered to a third reading, 420. Reconsideration of certain sections proposed, 342, 347, 401, 418, 420, 427. Ordered engrossed, 440. Third reading, 556. Referred to Committee on Order, Consistency and Harmony, 580. Additional ordinance as to impeachment of Sheriffs, 605. Report of Committee on Ordinance 414 to provide for the succession in the office of Governor, 642, 1442. Report on Ordinance tl5, for the relief of E. S. May, 643. Ordinance 417, to amend Sec. 13, 682. Report on Resolution 414, 1415. EXEMPTIONS. Constitutional provisions (Sees. 204-210), 1719. EXEMPTIONS, COMMITTEE ON. Report of Committee on, 626. Article proposed, 627. Consideration of report, 1239. Engrossment ordered, 1242. Third reading, 1321. EXPENSES. Reduction proposed, 681, 705, 744. Report of Committee on Reduction, 776. Minority report, 777. EYSTER, .JOHN C, 4, 1779, 1785. Motion to administer oath to Con\ention officials, 23. Resolution to test accuracy of reports by stenographers, 51. INDEX. 1805 Resolution to print names of members of Committees in pamphlet containing rules, 69. Resolution 44, to ci'eate the office of recording clerk, 95. Ordinance 84, to amend Sec. 2, Art. II, Constitution. 104. Ordinance 85, to repeal paragraph 35 of Declaration of Rights, ]04. Ordinance 86, relating to State University, 104. Ordinance 352, to protect local building and loan associations from excessive taxation, 237, 380. Resolution 149. to extend privileges of floor to certain per- sons named, 287. Resolution 328, to allow mileage to the members of the Com- mittee on Order, etc., 1554, 1606. Resolution 332, to print the old and the new Constitution in parallel columns, 1643. FAIN, T. J. Elected assistant doorkeeper, 22, 23. Resolution of thanks, 1659. Leave of absence, 722, 1170. FEDERATION OF WOMEN'S CLUBS, 147. FERGUSON, CHAS. W., 4, 1779, 1784. Resolution 45, relates to qualifications for suffrage, 96, 112. Ordinance 87, concerning the right of citizens to bear arms, 104. Ordinance 240, to dispense with the necessity of indictment in certain felony cases, 171, 288. Resolution 122, concerning suffrage, 190. Resolution 198, greeting from the people of Alabama to the people of Cuba, 464. Resolution 287, relates to the distinction between grand and petit larceny, 1126. FITTS, WM. C, 4, 1779, 1785. Ordinance 88, to repeal Sec. 38 of Bill of Rights, 104. Ordinance 298, to provide the mode of election of the trus- tees of the University of Alabama, 191. Ordinance 299. to declare the Governor ineligible for office, etc., 191. Resolution 329, to fix time of final adjournment, 1554. Oi'dinance 334, to appropriate $1,000 to be expended by the Governor in giving publicity to the Constitution, etc., 1661, 1806 INDEX. FLETCHER, A. S., 4, 1779, 1785. Ordinance 89, to amend Sec. 7, Art. XI, Constitution, 10-5. Ordinance 241, to amend Sec. 50, Art. IV, Constitution, 171. Ordinance 242, to amend Sec. 5, Art. XI, Constitution, 172. Report of Committee on Banks and Banli;ing, 347. Resolution 213, to fix a time for consideration of the report of the Committee on Suffrage, 543, 683. FLOOR OF CONVENTION. Who entitled to. 39. FLORENCE. TOWN OF, 1180, 1185. 1555. FOSHEE, J. M., 4, 1779, 1784. Ordinance 322, providing that representation be based on white population only, 203. Ordinance 453, providing for the registration of colored elect- ors, 1333. FOSTER. J. M.. 4, 1779, 1785. Ordinance 90, to define general laws. 105. Ordinance 91, to amend Sec. 1. Art. VIII, Constitution, 105. Ordinance 92. to amend Sec. 9, Art. XIII, Constitution, 105. Ordinance 93, to further restrain the powers of the General Assembly, 105. Resolution 123, to facilitate the work of the Convention, 290. Resolution 185, relating to afternoon sessions of Convention, 405. Report of Committee on Amending Constitution, etc.. 484, 486. Report of Comm.ittee on St. Clair County, 489. Resolution 201, to regulate the consideration of reports of Committees, 510. FRANCIS, MRS. L. W. Engrossing and enrolling clerk, 36. FREE PASSES. Ordinance 3, prohibiting, 76. Ordinance 132, providing penalty for issuing. 117. Constitutional provisions, 1731 . FREEMAN, NEWMAN H., 4. 1779, 1785. Ordinance 427, provides that corporation attorneys shall be ineligible to office as member of the Legislature, 908. FOREIGN CORPORATIONS. Constitutional provisions, 1728. GADSDEN, TOWN OF, 1180. 1318, 1723, l726. GALLERY, DOORKEEPER OF, 36. INDEX. 1807 GENERAL ASSEMBLY. See Legislature. GENEVA COUNTY, • New county may oe formed (Sec. 39), 1670. GILMORE, JOHN A., 4, 1779, 1784. Minority report from Committee on State and County Boun- daries, 452. Resolution 273, to print 5,000 copies of the speeches of Messrs. Gates, Harrison, White, Dent and Jones in pamphlet form, 985. GIRLS' INDUSTRIAL SCHOOL, THE ALABAMA. Constitutional provisions, 1737. GLOVER, W. F., 4, 1779, 1782. Ordinance 94, to amend Sec. 12, Art. 1, Constitution, 105. Ordinance 95, to amend Sec. 1, Art. XIII, Constitution, 105. Ordinance 344, to regulate the Judiciary system, 232. Ordinance 345, to abolish dower and curtesy, 232. GOVERNOR. Constitutional provisions, 1678, 1686, 1695, 1700, 1704, 1710, 1733, 1739, 1744. GRAHAM, EDWARD A., 4, 1779, 1785. Ordinance 96, to amend Sec. 1, Art. V, Constitution, 105. Ordinance 97, to amend Sees. 23 and 24, Art. IV, Constitution, 106. Ordinance 98, to amend Sec. 25, Art. VI. Constitution, 106. Ordinance 300, to prevent the General Assembly from depriv- ing municipalities of their legitimate revenues, 192. Ordinance 301, to amend Sec. 2, Art. IV. Constitution, 192. Resolution 285. to extend sympathy of Convention to Thos. G. Jones on the tragic death of his daughter, 1106. GRAHAM. JOSEPH B., 4, 1779, 1783. Motion to elect permanent officers, 8. Nomination of Robert Hasson as doorkeeper, 22. Resolution to extend invitation to Dr. J. L. M. Curry to ad- dress Convention, 73. Resolution 46. to instruct Secretary of State to furnish copies of Codes to members. 96, 97. Resolution 158, to extend thanks of the Convention to certain parties named for certain courtesies on the occasion of the funeral of Gov. Samford, 301. 1808 INDEX. Resolution 159, declaring sense of Convention that present school appropriations and taxes shall not be reduced, 307. Resolution 180, relating to educational needs, 381. Resolution 202, to regulate afternoon sessions, 571. Resolution 234, to hold evening sessions, 681. Report of Committee on Education, 724. Resolution 260, to fix hour of adjournment, 905. GRANT, L. W., 4, 1779, 1782. GRAYSON, JOHN W., 4, 1779, 1782. Ordinance 99, to amend Sec. 2, Art. I, Constitution, 106. Ordinance 100, to amend Art. XIII. Constitution, 106. Ordinance 246, to amend Sect. 4 and 5, Art. XI, Constitution, 172. Ordinance 247, to provide for the payment of public debt, 172. Resolution as to stenographic report, 177. Resolution 120, to require yea and nay vote on all resolutions for the payment of money, 189, 240. Ordinance 323, to repeal Sec. 8, Art. XI, Constitution, 203. Resolution 179, to fix time of daily sessions of the Conven- tion, 380. IV^mority report of Committee on Representation, 497, 499. GREEN, D. F. Privilege of floor extended, 1279. GREER, CHARLES H. (Perry), 4, 1779, 1783. Ordinance 346, relating to legal advertising, 232. Ordinance 375, to provide for the filling of vacancies in cer- tain county offices, 286 . Resolution 170, welcome to the Alabama Press Ass'n., 324. Minority report of Committee on Representation, 497. 499. GREER, L. F., 4, 1779, 1782. Resolution 47, to levy tax on dogs, 97. Resolution 48, relates to removal of county sites, 97. Resolution 49, relates to local legislation, 97. Extends thanks to doorkeepers and pages, 1659. Ordinance 388, to fix the date of the election of city officers, 306. Question of privilege, 1601. GRIFFIN, MISS FRANCES. Addresses Convention on Woman's Suffrage, 241. Vote of thanks extended, 241. INDEX. 1809 HALEY, C. L., 4, 1779, 1782. Ordinance 353, relates to exempted property, 238. Ordinance 354, relates to county boundaries, 238. Minority report from Committee on Impeachments, 709. HANDLEY, WM. A., 4, 1779, 1785. Ordinance 101, providing for a reduction of taxation, 106. Ordinance 436, to repeal Sees. 8 and 9 of Article heretofore adopted on Banks and Banking, 1009. Resolution 296, to fine absentees, 1275. HARRISON, GEORGE P., 4, 1779, 1783. Permitted to select seat, 29. Question of privilege, 1640. Resolution to fix time for adjournment, 42. Ordinance 5, to prohibit vagrants from voting in this State, 77. Ordinance 248, to limit the issue of bonds or other evidences of debt by cities and towns in this State, 172. Ordinance 324, to amend Sec. 21, Art. IV, Constitution, 203. Ordinance 355, to limit the indebtedness of cities, towns and villages, 238. Resolution 142, in reference to the death of Gov. Wm. J. Sam- ford, 251. Resolution 143, in reference to funeral of Gov. Samford, 255. Resolution 148, relates to adjournment, 287. Resolution 166, to limit speeches to five minutes, 308, 440, 553. Resolution 173, to provide a rule for the consideration of ordinances, etc., 370. . Minority report of Committee on Suffrage and Elections, 537, 992. Resolution 230, to preserve copies of the stenographic report for certain State educational institutions, 626. Resolution 241, to extend privileges of floor to certain persons named, 723. Resolution 344, to permit any delegate within ten days after adjournment to sign the Constitution, 1659. HARWOOD, BERNARD. Privilege of floor extended, 663. HASSON, ROBERT. Elected doorkeeper, 22, 23. 114 1810 INDKX. Resolution oi thanks, 1659. Leave of absence, 509, 1040. HEFLIN, JOHN T.. (Randolph), 4, 1779, 1782. Ordinance 102, to confirm and raiify Sec. 12, Art. I, Constitu- tion, 106. Resolution 99. to fix salary of Governor at not less than $5,000, 151. Ordinance 249, relates to the office of Justice of the Peace, etc., 172. Ordinonce 325, to amend Sees. 3, 5 and 6, Art. IV, of Consti- tution, 203. Reports from Committee on Schedule, etc., 120, 240, 493, 545. Resolution 266, to grant leave of absence to Capt. John F. Burns, 939. HEFLIN, J. THOMAS (Chambers), 4, 1779, 1784. Motion in reference to seating delegates, 23. Resolution 203, to regulate daily sessions, 511. Ordinance 408. creating the office of Sheriff, etc., 576, 588, 605. Question of privilege, 650, 1330, 1344. Motion to extend privileges of floor to R. L. Hipp, 991. Resolution 289, relating to Sec. 28 of Article on ihe Judiciary, 1170. Resolution 2i>0. to rescind rule 43, 1194. Resolution 303, relates to election of solicitors, 1332. Ordinance 455, providing for the adoption of an article on the Judicial Departm.ent, 1333. HENDERSON, J. C, 4, 1779, 1785. Resolution as to removal of seat of government, 74. Resolution to base representation on population, 75. Resolution 50, to print 500 copies of present Constitution, 97, 134. Resolution 51, _o fix the interest rate, 98. Resolution 52, to establish a Railroad Commission, 98. Resolution 53, to regulate office holding, 98. Resolution 54, relates to office of Governor, 99. Resolution 55, relates to mileage of members of the General Assembly. 99. Resolution 56, relates to amendment of Sec. 30 of Declaration of Rights, 99. Resolution 57, relates to taxation, 99. INDEX. 1811 Resolution 58. relates to exemptions, 99. Resoluaion 59, relates to State bonded indebtedness; 100. Resolution 102, to regulate the introduction of ordinances, 152, 182, 187. Ordinance 250, to fix the time for the assembling of the General Assembly, 172. Ordinance 251, providing for the bonding of State and county officers, 173. Resolution 2o2, reducing the number of jurors, 173. Ordinance 253, to provide for the working of convicts, 173. Ordinance 254, providing for the exemption of cotton mills from taxation liZ. Ordinance 256, regulating and providing for the publication • 01 laws and bills, 173. Ordinance 256, to establish a Department of Agriculture, 173. Ordinance 257, to amend Sec. 5, Art. XIII, Constitution, 193. Resolution 214. relates to tax on fertilizers, 544. HENRY COUNTY. New county may be formed from (Sec. 39), 1670. HERBERT, HILARY A. Privilege of floor extended, 463. HERBERT, WM. F. Elected assistant secretary, 22, 23. Resolution of thanks, 1658. HINSON, EVANS, 4, 1779, 1785. Ordinance 103, to amend Sec. 24, Art. IV, Constitution, 106. Resolution j.06, relates to compeflisation of Judicial officers, 161. Resolution 107. relates to compensation of Executive officers, 161. Ordinance 376, to establish an inferior court, etc., 297. HIPP, R. L. Privilege of floor extended, 991. HODGES, P. W., 4, 1779, 1782. Ordinance 6, to amend Sec. 2, Art. XI, Constitution, 84. Minority report from Committee on Education, 731. HOFFMAN, FRANCIS O. Proposition to report proceedings of Convention, 44. Resolution of thanks, 1658. HOMESTEADS. Constitutional provisions (Sec. 205), 1719. 1812 INDEX. HOOD, O. R., 4, 1779, 1782. Ordinance 259, to establish a court of appeals, 173. HOWELL, W. P., 4, 1779, 1784. Resolution to appoint committee to invite clergymen to open sessions of Convention wita religious service, 23. Prayer by, 227, 402, bd9, 748, 899, 1005, 1104, 1328. Ordinance 7, to amend Sec. 2, Art. II, Constitution, 84. Ordinance 104, to regulate mileage and per diem of members of the General Assembly, 106. Resolution 60, relates to correction of errors in stenographic report, 112. Resolution 191, relates to engrossment of ordinances, 444. Resolution 199, to fix rate of payment for extra clerical as- sistance of engrossing and enrolling clerk, 464, 908. Resolution 252, to render thanks to God for the welcome and copious showers of rain, 846. Resolution 339, to render thanks to the ministers of the city, etc., 1658. HOWZE, A. C, 4. 1779, 1782. Ordinance 8, to regulate the veto power of the Governor, 84. Ordinance 9, to prohibit increase of salary or fees of public officers during term, 84. Ordinance 10, providing for the election of Lieutenant Gover- nor, 85. Ordinance 105, to require salaries of judges to be paid by the State, 107. Report of Committee on Exemptions, 626. Resolution 315, to raise a special committee of five to report a plan to expedite the completion of the work of the Con- vention, 1436. HUEY, MR. Privilege of fioor extended, 1421. HUEY, VANN. Privilege of floor extended, 1043. HUFFMAN, T. Y. Privilege of floor extended, 1068. HUNTSVILLE, CITY OF, 1318, 1722. IMPEACHMENTS. Constitutional provisions (Sees. 173-176), 1704. INDEX. 1813 IMPEACHMENTS, COMMITTEE ON. Report of Committee, 708. Minority report, 709. Article proposed, 711. Consideration of report, 1263. Ordinance 404, considered, 1269, 1272, 1282, 1284, 1292, 1299, 1367, 1370. Reconsideration of sundry sections proposed, 1272. Engrossment ordered, 1299, 1302. Third reading, 1367. INGE, W. B., 4, 1-79, 1783. # . INZER, JOHN W. / Privilege of floor extended, 1654. JACKSON, E. C, 4, 1779, 1785. Resolution to provide for printing Democratic platform, 39. Ordinance 106, to readopt Sec. 10, Art. XIII, Constitution, 113. Resolution 61, declaring the purpose of the Convention on certain questions, 121. Resolution 125, relates to report of Committee on Rules, 201. Minority report from Committee on State and County Boun- daries, 451. Resolution 204, to limit time for speeches, 511. JELKS, GOVERNOR WM. D. Privileges of floor extended, 287. JENKINS, SAMUEL C, 4 1779. 1782. Resolution 62, relating to State colleges and institutions, 122. Ordinance 208, to amend Sec. 1, Art. VIII, Constitution, 153. Ordinance 448, to provide for the election of successors of the hold over Senators whose term of office expires in 1904, 1246. JOHNSTON, MRS. W. F. Memorial as Chairman of Committee from Alabama Federa- tion of Women's Clubs, 147. JONES, J. F. Privilege of floor extended, 1106. JONES, JAMES McLEAN, (Hale), 4, 1779, 1784. Resolution 108, relates to disfranchisement of negroes, 161. Ordinance 367, to amend Sec. 26, Art. VI, Constitution, 244. JONES, JOHN C, 4, 1779, 1784. Resolution 63, relating to representation, 122. Resolution 64, relates to suffrage, 123- 1814 INDEX. JONES, RICHARD C, 4, 1779, 1783. Ordinance 111, to amend Art. IX, Constitution, 114. Resolution 85, relating to contents of resolutions and ordi- nances, 136, 154. Ordinance 264, to amend Sec. 2. Art. XI, Constitution, 174. Ordinance 265, to amend Sec. 1, Art. XIII, Constitution, 174. Resolution 190, relates to amendments of committee reports, 426. Ordinance 419, to provide for the issuance of bonds, in the event of the annexation of any foreign territory to this State by purchase, 723. JONES, THOMAS G., 4, 1779, 1782. Permitted to select seat, 29. Ordinance 11, to amend Art. VIII. Constitution, 85. Ordinance 12, to amend Sec. 1, Art. VII, Constitution, 85. Ordinance 107, to amend Sees. 9 and 10, Art. XIII, Constitu- tion, 114. Ordinance 108, to amend Sec. 21, Art. VI, Constitution, 114. Ordinance 109, to amend Sec. 14, Art. V, Constitution, 114. Ordinance 110, to provide for the safe and productive use of surplus public funds in the treasury, 114. Resolution 65, relates to free passes, 123. Resolution 66, relates to the establishment of a board of ar- bitration, 123. Resolution 67, relates to the distribution of taxes and public funds, 123. Resolution 109, concerning the quarantine and police power, 162. Ordinance 261, to promote speedy decision of causes in the Su- preme Court, 174. Ordinance 262, to provide for a board of conciliation, 174. Resolution 134. expression of sympathy of the members of the Convention as to the death of Gov. W. J. Samford, 209. Report of Committee on Executive Department, 213. Makes report of Committee on Executive Department special order. 234. Supplemental report Committee on Executive Department, 239, 359. Remarks on report, 245, 350. Question of privilege, 302, 651. INDEX. 1815 ^Resolution 185, relating to numbering of sections of engrossed ordinance on Executive Department, 405. Resolution 193, to incorporate an additional article in Con- stitution, 444. Kesolution 217. to order article on Executive Department to a third reading, 556. Question of inquiry on report of Committee on Journal, 901. Resolution 261. to direct secretary to procure a copy of the opinion of the Attorney General as to the right of the Con- vention to appropriate pay to its members beyond the time fixed in the enabling act, 905. Resolution 285, extending sympathy on the tragic death of his daughter, llOo. JOURNAL OF THE CONVENTION. Printing and binding, 426, 1041, 1153, 1156. Contract for, 1454. Approved, 28, 38. Report of Committee on, 79, 93, 112, 131, 151, 158, 180, 199, 207, 229, 236, 243, 2o7, 268, 284. 296, 305, 322, 341, 358, 379, 404, 425, 443, 463, 509, 524, 543, 553, 578, 602, 624, 641, 662, 680, 701, 723, 750, 760, 774. 804, 845, 863, 901, 915, 938, 961, 966, 980, 985, 991, 1007, 1040, 1067, 1088, 1105, 1125, 1170, 1194, 1225. 1244, 1274. 1289, 1330, 1352, 1379. 1427, 1479, 1553, 1601, 1640, 1657. JUDGES. Constitutional provisions (Sees. 139-172), 1696. JUDICIAL DEPARTMENT. Constitutional provisions, (Sees. 139-172), 1696. JUDICIARY, COMMITTTEE ON. Report of Committee, 808. Minority reports, 812, 813, 816, 817. Article proposed, 819. Resolution 284, to amend Sec. 29 of report, 1088. Consideration of report, 1099, 1107, 1115, 1127. 1137. Reconsideration of sundry sections proposed, 1100, 1129, 1131, 1143, 1148, 1149, 1151, 1171, 1263, 1275. Engrossment ordered, 1143, 1151, 1365. Substitute for Sec. 28 proposed, 1171. Third reading (first time). 1254, 1275. Third reading (second time), 1397. Article laid on the taWe, 1284. 1816 INDEX. Report on Ordinance 410, 1291. Resolution 303, relates to election of Solicitors, 1332;. Ordinance 455, providing for the adoption of an article on the Judiciary, 1333. Motion to take from the table, 1354, 1362. JULIAN, FRANK N. Elected Secretary, 22, 23. Resolution on death of his brother, 307. Resolution of thanks, 916, 1658. Leave of absence, 296. JULIAN, WILLIAM. Resolution on death of, 307. JUSTICES OF THE PEACE. Constitutional provisions (Sec. 168). ITOS^. KENNEDY, T. L. Privilege of floor extended, 1420. KING, JOHN J., 4, 1779, 1785. KIRK, JAMES T., 4, 1779, 1784. Ordinance 13, to amend Sec. 5, Art. V, Constitution, 85. Ordinance 14, to amend Sees. 5, 6, 18, 23, and add Sec. 29 to Art. VI of Constitution, 85 . Ordinance 112, to amend Sees. S, 5 and 9, Art. IV of Constitu- tion, 114. Resolution 126, relates to the formation of counties, 201. Resolution 172, relates to the repeal of the Fifteenth Amend- ment to the Federal Constitution, 367. Resolution 236, relating to povi^ers to municipal corporations to create debts, 681. Resolution 309, to extend the sympathy of the Convention to Messrs. A. H. and M. S. Carmichael on the death of their brother, 1353. KIRKLAND, W. W., 4, 1779. 1784. Ordinance 15, to regulate terms of oflBce, 85. Ordinance 16, relating to exemption laws, 85. Ordinance 113, to amend Sec. 2, Art. II, Constitution, 114. Ordinance 114, to establish a Railroad Commission, 114. Ordinance 115, to amend Sec. 6, Art. IV, Constitution, 115. Ordinance 116, relates to mileage of members of the General Assembly and others, 115. Ordinance 117, to amend Sec. 5, Art. IV, Constitution, 115. Ordinance 118, to amend Sec. 16, Art. V, Constitution, US- Resolution 68, to prevent legislative lobbying, 124. INDEX. 1817 KNIGHT, WM. M., 4, 1779, 1784. Ordinance 220, to amend Sec. 3, Art, VIII, Constitution, 169. Resolution 135, to abolish the offices of State and County Back, Tax Commissioners, 209. Resolution 310, to fix hour of adjournment, 1379. KNOX, JOHN B., 4, 1779, 1780, 1782. Enrolled as aelegate, 4. Elected President of the Convention. 8. Speech on accepting Presidency, 8-21. Speech ordered spread on Journal, 22. Statement by, 146. Remarks on the report of the Committee on Suffrage and' Elections, 975. Resolution 2*0, by Mr. Reese, to print 5,000 capies of address, 976. Resolution 307, to extend privileges of the floor to Hon. G. W. Taylor and to Hon. O. W. Underwood, 1353. Resolution of thanks to, 1658. KYLE, R. B., 4, 1779, 1784. Ordinance 380, to amend Sec. 14 of the Constitution in rela- tion to Banks and Banking, 298. Ordinance 399, to provide for the formation of private cor- porations, 427. Resolution 263, to regulate per diem of members after expira- tion of fifty day limit, 915. LANDS OF STATE . Constitutional provisions (Sec. 99), 1681. LAWS. Constitutional provisions, 1671, 1675, et seq. LEAVES OF ABSENCE. Regulations of, 209, 370. Objections to, 150, 234. Resolution 266, to grant leave to Capt. John F. Burns, 939.- Granted to — Mr. Almon, 38, 236, 244, 358, 1473, 1601. Altman, 236, 358, 462, 523, 543, 1087. Ashcraft, 54, 180, 284, 774. Banks, 523, 966. Bartlett, 206, 509, 1125. Beavers, 509, 543, 774. Bethune, 206, 358, 722, 804, 1087. 1818 INDEX. Boone, 296, 509, 602. Browne, 641, 900, 1553. Bulger, 198, 207, 229, 379, 750, 1067, 1225, 1553, 1601. Burnett, 111, 207, 284, 358, 662, 722, 900, 915, 966, 1067, 1225, 1553. Burns, 939. Byars, 198. 845, Cardon, 150, 296. 641. 915, 1352, Carmichael (Colbert), 284, 358, 379. 750. 759. 966, 980. ^.^armichael .^offee), 229, 244, 553, 624, 641, 966. Carnathon, 206, 804, 980. Case, 543, 845, 1125. Cobb, 132, 180, 207, 7o0, 966, 1194. Cofer, 54, 93, 425, 624. Coleman (Greene). 378, 641, 1040, 1378. 1427, 1639. Coleman (Walker), 150, 229, 236, 296. 358. Cornwell, 93. 229, 425. Craig, 54, 79, 93, 207, 358, 578, 722, 966, 1427. Cunningham, 150, 158 229, 358, 404,750. Davis (DeKalb), 198, 578, 966, 1125. Davis (Etowah), 93, 150, 180, 296, 358. 443. Dent, 79, _50, 509, 845, 1378. DeGraffenried, 543, 602, 1040, 1274. Duke, 236. 462, -543, 722, 133t). Ely, 378, 985, 1087, 1378, 1601. Eyster, 296, 358, 759, 966. Espy, 229, 268. 523, 90u, 1352. Ferguson, 759, 985, 1049. Fitts. 93, 229, 296, 524, 578, 900, 966, 1553. Fletcher, 150, 378, 938, 1244. Foshee, 284, 358, 722, 863, 1378. Foster, 863, 1170. Freeman. 132 206, 602, 966, 1378, 1427. Gilmore, 132, 229, 5<8, 1040, 1330. Glover, 150, 244, 404. Graham ( ivlontgomery ) 111. 150. 158, 804, 966, 1194. Graham (lalladega) 158, 602, 774. 900, 966, 1007. Grant, 268, 578. Grayson, 863, 1040. Greer (Calhoun) 132, 296, 578, 93S, 1378. 'Greer (Perry) 54, 132, 236, 296. 404, 425. INDEX. ' 1819 Haley, 54, 268, 759, 1330. Handley, 462, 1601, Harrison, 54, 722, 980, 985, 1105. Heflin (Chambers) 158, 980. Heflin (Randolph) 207, 358, 602, 1067. 'Henderson, 180. 236, 296, 509, 662. 915, 966, 1067, 1170, 1427. Hinson, 602, 662, 1378, 1427. Hodges, 296, 985, 1244, 1289. Hood, 236, 296. 524, 750. Howell, 207, 284, 309, 602. Howze. 229, 379, 863. 1067, 1244, 1601. Inge, 132, Sb8, 641, 863, 966, 1378. Jackson, 131, 180, 296, 602, 722, 915, 1105. Jenkins, 150, 680, 759, 966, 980, 1473. Jones (Bibb) 358, 863. Jones (Hale) 79. 229, 236, 523, 954. Jones (Montgomery) 132, 180, 404. 462, 938, 985, 1007, 1105. Jones (Wilcox) 284, 750, 1105, 1125. King, 79, 111, 236, 523. Kirk, 284, 900, 915, 1170, 1378. Kirkland, 131, 207, 268, 284, 379, 509, 543, 602, 641, 722, 774, 863, 900, 966, 1067, 1352. Knight, 1067. Kyle, 131, 253. 267. /22, 804, 938, 96^6, 1225. Ledbetter, 54, 180, 207, 379, 863, 1087. 1330, 1473. Leigh, 207. Locklin, 54, 198, 236, 509, 641, 680, 1087, 1225. . Lomax, 79, 158, 198, 404, 462, 662, 961, 1105. 1473. Long (Butler) 79, 229, 358, 509, 1067. Long (Walker) 54, 93, 198, 379, 1087. Lowe (Jefferson) 38. Lowe (Lawrence) 132, 284, 462, 523, 759, 1427. MacDonald, 38, 158, 722, 954, 961, 1330. McMillan (Baldwin) 132, 523, 602, 1194. McMillan (Wilcox) 523, 759, 966. Malone, 284, 305, 524, 966, 108v . Martin, 206, 236. Maxwell, 132, 244, 425, 980, 1473. Merrill, 38. 358, 1378. Miller (Marengo) 131, 284, 602. 845, 1194. 1820 INDEX. Miller (WilcoxJ 284, 900, 1244. Moody, 268, 296, 641, 662, 1125. Morrisette, 150, 158, 180, 236, 509, 602, 722, 1125. Mulkey, 132, 437, 509, 966. NeSmith, 425 443. Norman, 980. Norwood, 206, 268, 358, 509, 624, 845, 1040, 1067, 1601. Gates, 980, 1330. O'Neal (Lauderdale) 198, 1087. O'Neill (Jefferson) 150, 267. Opp, 236, 322, 379, 624, 701, 1067, 1378. O'Rear, 284, 379, 641, 900. Palmer, 207, 961, 1378. Parker (Cullman) 54, 150, 379, 774, 1087, 1244. Parker (Elmore) 284, 900, 980, 1087, 1553. Pearce, 54, 93. Pettus, 79. Pillans, 759, 900. Pitts, 79, 900, 985, 1087, 1105, 1225, 1274, 1473. Porter, 131, 509, 863, 1330. Proctor, 150, 379, 543, 1040, 1473. Reese, 229, 284, 379, 938, 980. 985, 1274. Renfro, 54, 180, 207, 305, 378, 425, 462, 553, 722, 980. Reynolds (Chilton) 79, 229, 523, 863, 900, 1105, 1170. Reynolds (Henry) 131, 543, 722, 900, 980, 1289, 1352, 1639. Robinson, 267, 900. Rogers (Sumter) 1244. Samford, 79, 150, 229, 543, 578, 602, 900, 1427. Sanders, 54, 229, 804. Searcy, 131, 296, 543, 624, 722, 759, 915. Selheimer, 236. Sentell, 180, 207, 404, 578, 900, 1007,' 1194, 1244, 1378. Sloan, 150, 722, 966, 1105. Smith (Mobile) 1378. Smith Mac. A., 198, 509, 774. Smith, Morgan M., 207, 296, 404, 543. 750, 900, 1087, 1105, 1225. Sollie, 79, 150, 229, 268, 296, 305, 379, 578. 602, 680, 701, 722, 774, 1067, 1274. Sorrell, 150, 750, 106/. ' Spears, 701. INDEX. 1821 Spragins, 150, 379, 980. Stewart, 132, 150, 358, 624, 961, 991, 1170. Studdard, 236, 404, 624, 641, 915. Tayloe, 229, 641, 662, 680, 722, 750, 845, 985, 1170, 1244, 1553. Thompson, 93, 284, 553, 863, 938, 966, 1553. Vaughan, 207, 379, 443, 509, 722, 1067, 1553. Waddell, 54, 296, 358, 624, 863, 985, 1378. Walker, 52d, 543. Watts, 79. Weakley, 180, 268. Weatherly, 379, 680, 722, 845, 863, 900. White, 296, 985, 1244, 1639. Whiteside, 29u, 1244. Willett, 150, 358, 509, 524, 543, 1427, 1639. Williams (Barbour) 1067, 1105. Williams (Marengo) 132. Williams (Elmore) 132, 180, 198, 358, 404, 509, 722, 900, 1067, 1378, 1473, 1553. Wilson (Clarke) 236, 543, 722. Wilson (Washington) 180, 523, 1170. Winn, 150, 358, 641, 900, 1087. LEDBBTTER, E. W., 4, 1780 1785. Ordinance 267, to continue the office of Examiner of Ac- counts, 174, 237. Ordinance 268, providing elections of probate judges every four years, 175. Ordinance 451, to provide an additional court house for Talladega county, 1290, 1379. LEGISLATIVE DEPARTMENT. Constitutional provisions (Sects. 44-111), 1671. LEGISLATIVE DEl-ARTMBNT, COMMITTEE ON. Report on Local Legislation, by committee as a supplement to report 6i Committee on Local Legislation, 405. Report of Committee on, 465. Ordered printed, 465. Article proposed, 472. Minority report, 484. Consideration of report, 779, 793, 828, 833, 849, 855, 886, 890, 910, 917, 940. Reconsideration of sundry sections proposed, 783, 799, 801, 805, 832, 859, 884, 892, 895, 910, 923, 936, 939, 102^. 1822 INDEX. Engrossment ordered, 942. Third reading, 1009. Motion to taKe Sec. li from table, 1357, 1441. LEGISLATURE. Constitutional provisions (Sec. 44, et seq.), 1671. LEIGH, NORVELLE R. JR., 4, 1780, 1784. LIEUTENANT GOVEROR. Constitutional provisions, 1686, 1695. LITTLE, JOHN D. Privilege of floor extended, 723. LIVINGSTON, H. A. Privilege of floor extended, 1330. LOCAL LEGISLATION. Constitutional provisions (Sees. 104-111), 1683. LOCAL LEGISLATION, COMMITTEE ON. Report of Committee, 382. Article reported, 385. Resolution 182, to make report special order, 382, 388. Supplementary report by committee on Legislative Depart- ment, 405, 687, 720. Consideration of report, 664, 672. 684, 694, 713, 716, 740. Reconsideration of certain sections proposed, 682, 695, 697, 702, 703, 717. 719. Engrossment ordered, 742. Third reading, 869. Referred to Committee on Order, etc., 872 . . LOCKLIN, LAWRENCE W., 4, 1780, 1783. Ordinance 119. relates to qualification of electors, 115. LOMAX, TENNENT, 4. 1780, 1783. Nomination of W. F. Herbert as assistant secretary, 22. Resolution declaring sense of Convention that pledges of Democratic Convention should be kept, 40. Motion to print rules, 69. Ordinance 17, to limit the powers of political or municipal corporations to incur debts and issue bonds, 85. Ordinance 18. limiting the powers of the General Assembly as to local and special- legislation, 86. Ordinance 19, to readopt Sec. 7, Art. XI, as amended, 86. Ordinance 20, to readopt, with certain changes, therein set out, certain sections of the present Constitution in refer- ence to taxation, 86. INDEX. 182S Ordinance 21, to readopt the provisions of Art. X, Constitu- tion of 1875, 86. Ordinance 22, relating to suffrage and elections, 86. Ordinance 333, to add a section to Art. IV. Constitution, 210. Ordinance 386. relating to the government of the University, and the paj^ment of interest on the University fund, 306. Keport of Committee on Preamble and Declaration of Rights, 359. Resolution 197. to pay for certain stenographic work, 463. Ordinance 429, to repeal Sec. 5 of Article on Legislative De- partment heretofore adopted, 908. Resolution 306, to withdraw ordinance 429 from committee, 1353. Resolution 326, to allow mileage to the pages of the Conven- tion, 1553. Resolution 338, tenders thanks to stenographers of Conven- tion, 1658. LONG, T. L., 4, 1780, 1782. Minority report from Committee on Corporations, 968. LONG, F. L., 4, 1780, 1782. Resolution to provide for printing 500 copies of present Con- stitution, 39. Resolution 86, directing cancellation of stenographic report, 137. 146, 181, 183, x85. Ordinance 269, to amend Sec. 6, Art. XL Constitution, 175. Ordinance 270, to prescribe the qualification of electors, etc., 175. Resolution 121, relating to payment of money from State treasury, 190. Ordinance 302, to amend Sec. 12, Art. V, Constitution, 192. Ordinance 356, relates to Judicial Department, 238. Question of privilege, 285, 297, 305, 1289, 1299. Resolution 147, to condemn certain editorial utterances of the Montgomery Advertiser, 286. Resolution 154, to consider as unwise and unwarranted a cer- tain editorial in the Montgomery Advertiser. 297. Ordinance 401, relative to removing Capitol from Montgom- ery. 427. Resolution 220, to repeal resolution 184, 579. Resolution 233, to set apart certain time for speeches of mem- bers: of the Convention, 671. 1824 INDEX. Minority report from Committee on Impeachments, 709. Resolution 239, to expedite the business of the Convention, 713. Resolution 250, in relation to the pay of members, 889. Resolution 262, relates to the use of free passes, 906. Resolution 280, to regulate legislation, 1008. Resolution 288, relating to service of the Montgomery Street Railway, 1147. Resolution 291, relating to petitions received by the Conven- tion protesting against the pass evil, 1195. Ordinance 447, to require Secretary to supply each member of the Convention with a bound copy of the stenographic report, 1226. Resolution 297, relating to election of Solicitors, 1290. Resolution 314, relating to elections of Sheriffs, 1414, 1415. Resolution 322, to extend for two years the terms of all offi- cers whose terms of office expire in 1904, 1473, 1602. X,OWE, ROBERT J., (Jefferson) 4, 1780, 1782. Resolution 110, relating to time of holding elections. 162. Ordinance 271, to prescribe the time of the election of judges, 175. Ordinance 272, to prescribe the terms of office of judges, 175. Ordinance 417, to amend Sec. 13, of an ordinance on Executive Department, 682. Ordinance 431, concerning the qualifications of electors and voters, 939. Motion to extend privileges of floor to S. J. Bowie, 945. Protest by, 999. Substitute for article on Suffrage and Elections, 1085, 1089. LOWE, WM. T., 4, 1780, 1785. MACDONALD, GORDON, 4, 1780, 1785. Ordinance 23, to amend Sec. 22, Art. IV, Constitution, 86. Ordinance 24, to amend Sec. 19, Art. IV, Constitution, 86. Ordinance 25, to amend Art. Vlii, Constitution, 86. Ordinance 120, to amend Sec. 7, Art. XI, Constitution, 115. Ordinance 121, to amend Sec. 3, Art. XIV, Constitution, 115. HTcCLELLAN, JUDGE THOMAS N. Convention called to order by, 3, 6. Oath to delegates administered by, 5. Presents Hon. John B. Knox to the Convention, and relin- quishes the Chair, 8. INDEX. 1825 McDAVID, ROBERT P. Designated as temporary Secretary of Convan.iOn, 3. McGAULY, PAT. Elected official stenographer, 43-48. Resolution of thanks, 1658. McMillan, B. F. (Baldwin), 4, 1780, 1784. McMillan, lee iWilcox), 4, 1780, 1785. Ordinance 122, relates to the formation of new counties, 116. Ordinance 123, relates to the removal of county sites, 116. Resolution 111, relating to poll tax qualification for suffrage, 162. MALONE, GEORGE H., 4, 1780, 1783. Ordinance 26, to amend Sec. 2, Art. II, Constitution, 87. Resolution 70, fixing the time for holding general elections, 124. Objects to leaves of absence, 234. MARTIN, J. T., 4, 1780, 1784. MANGHAN, W. H. Doorkeeper of the gallery, 36. Resolution of thanks, 1659. MAXWELL, J. C, 4, 1780, 1783. Ordinance 124, to repeal Sec. S, Art. XI, Constitution, 116. Ordinance 125, to amend Sec. 1. Art. VII, Constitution, 116. Ordinance 126, to create office of Lieutenant Governor, 116. Ordinance 127, to amend Sec. 8, Art. IV, Constitution, 117. MAY, E. L,. 1354, 1481. Proposition .o report proceedings of the Convention, 44. Ordinance 416, for relief of, 643. MEMORIALS. J? rom Booker T. Washington, 109, 148. Alabama Federation of Women's Clubs, 147. Citizens of Shelby County in opposition to ordinance 170, etc., 165. Rev. A. F. Owens on the civil and political rights of the negroes, 211. Sheriffs, Clerks and Registers' Association of Alabama, 465. MERRILL, A. H., 4, 1780, 1783. Ordinance 128, to declare the status of married women, 117. Ordinance 412, relating to the bonded indebtedness of the State, 626, 737. Ordinance 428, prohibits free passes, 908. 115 1826 INDEX. MESSENGERS, 36. MILITARY RECORDS, BANNERS AND RELICS. Constitutional provisions, 1739. MILITIA. Constitutional provisions, (Sees. 131, 271, 278), 1694, 1738. MILITIA, COMMITTEE ON. Report of Committee, 909. Consideration of report. 1389. Engrossment ordered, 1392. Third reading, 1456. MILLER, CHARLES H. (Marengo), 4, 1780, 1783. Ordinance 27, to regulate State and county boundaries, 87. Ordinance 347, to prevent monopolies in school books or arti cles for use in the public schools of the State, 232. Minority report from Committee on State and County Boun- daries, 4.50. MILLER, JOSEPH N. (Wilcox), t, 17S0, 1783. Ordinance 129, to amend Sec. 8, Art. IV, Constitution, 117. Ordinance 303, to amend Art. vIII of Constitution, 192. Ordinance 326, to provide for the election of County Super- intendent of Education, etc., 203. MISCEGENATION. Constitutional provisions (Sec. 102), 1682. MISCELLANEOUS PROVISIONS Of the new Constitution, 1740. See also Amending the Constitution. MOBILE REGISTER. Resolution of thanks, 1429. MOBILE PUBLIC SCHOOLS. Constitutional provisions, 1738. MONTGOMERY ADVERTISER, 286, 297, 302, 305. MONTGOMERY, CITY OF, 1184, 1319, 1722. MOODY, MILO, 4, 1780, 1784. Ordinance 304, to regulate primary elections, 192, 288. Minority report on State and County Boundaries, 450. MORGAN COUNTY. • Petition from, in reference to special tax, 299. MORGAN, SENATOR JOHN T. Privileges of floor extended, 42. INDEX. 1827 MORRISETTE, E. R., 4, 1780, 1782. Ordinance 245, to amend Art. VIII, Constitution, 172. Resolution 194, to reduce fertilizer tax, 445, 974, 1144. MULKEY, W. O., 4, 1780, 1784. Ordinance 28, to amend Sec. 26, Art. V, Constitution, 87. Ordinance 305, to amend Sec. 1, Art. X, Constitution, 192. Ordinance 306, to amend Sec. 7, Art. X, Constitution, 192. Ordinance 402, to amend Sec. 2, Art. X, Constitution, 445. MUNICIPAL CORPORATIONS. Constitutional provisions, (Sees. 68, 91, 220. 228), 1676, 1680, 1724. MUNICIPAL CORPORATIONS. COMMITTEE ON. Report from Committee, 194, 198. Consideration of postponed, 198. Report from Committee on, 407. Article proposed, 407. Minority report, 413. Consideration of report, 1159, 1162, 1175, 1183, 1212. Reconsideration of sundry sections proposed, 1164, 1179, 1185, 1190, 1210, 1212, 1216, 1286. Engrossment ordered, 1213, 1216, 1286. Third reading, 1316. MUNICIPAL FRANCHISES. Constitutional provisions, 1727. MURPHREE. JOEL D., 4, 1780, 1785. Permitted to select seat, 29. Ordinance 29, to amend Sec. 2, Art. XVII, Constitution, 87. Ordinance 30. to amend Sec. 5, Art. XIII, Constitution. 87. Ordinance 31, to amend Sec. 5. Art. IV, Constitution, 87. Ordinance 32, to amend Sec. 2. Art. X, Constitution, 87. Ordinance 131, to amend Sec. 47, Art. IV, Constitution, 117. Ordinance 132, to amend Sec. 23, Art. XIV, Constitution, 117. Ordinance 133, to amend Art. XIV, Constitution, 117. Ordinance 134, to amend Sec. 5, Art. V, Constitution, 117. Ordinance 30/, to amend Sec. 7, Art. I, Constitution, 192. Ordinance 308, to prevent the collection of more than the legal rate of interest, 193. Ordinance 387, authorizing the reduction of the expense of ad- ministering small estates, 306. Ordinance 457, providing for support of indigent Confederate soldiers and indigent widows of Confederate soldiers, 1381. Question of privilege, 1470. 1828 INDEX. NAVAL MILITIA. Constitutional provisions, 1738. NEGRO RACE, 1357, 1428, 1441, 1477. Memorial from Booker T. Washington in behalf of, 109, 148. Ordinance 152, to disfranchise, 120. Resolution as to education of, 159. Resolution 108, relating to disfranchisement, 161. Memorial from Rev. A. F. Owens as to, 211. Petition as to, from Willis E. Steers. 308. Ordinance 453, providing for the registration of colored electors, 1333. NebMITH, C. C, 5, 1780, 1785. Ordinance 135, to amend Art. IV, Constitution, 118. Ordinance 334, to amend Art. VIII, Constitution, 210. Resolution 167, to appoint committee to prepare an address to the people ixpon the new (;onstitution, 323. NEW DECATUR, TOWN OF, 1184, 1C18, 1723, 1726. MILLER, B. S. Privilege of floor extended, 723. MORMaN, J. D., 4, 1780, 1784. NORWOOD, JOSEPH, 4, 1780. 1785. OATES, WM. C, 4, 1780, 178z. Resolution to appoint committee to report on advisability of contracting with a stenographer, 23. ± ermitted to select seat, 29 . Resolution to appoint standing committees, 32. Motion to extend privileges of floor to Senator Pettus, 42. Majority report on stenographic report, 43. Ordinance 33, proposition of Senator John T. Morgan for elective franchise of the Constitution, 87. Ordinance 136, to amend Art. XI, Constitution, 118. Ordinance 137, to amend Sees. 1 and 2, Art. IV, Constitution, 118. Ordinance 138, to preserve the purity of the ballot, 118. Ordinance 139, for the abolition of the Chancery Court, 118. ordinance 140, relating to removal of Attorney General, 118. Ordinance 141, proposing certain prohibitions and restrict- ions upon the power of the Legislature, 118. Ordinanee 142, to regulate and define the powers of legisla- tion, 118, INDEX. 1829 Resolution 82, declaring that present Constitution shall be the basis for action by the Convention, 128, 133. Ordinance 196, to amend Sec. 1, Art. XVI, Constitution, 144. Ordinance 197, to amend Sec. 6, Art. V, Constitution, 144. Objects to leaves of absence, 150. Ordinance 274, to amend Art. VIII, Constitution, 175. Ordinance 275, to improve the Judicial system of the State, 175. Resolution 129, to authorize Committee •n Legislative De- partment to employ a clerk, 202. Ordinance 364, to prevent an increase of State debt, and to regulate temporary loans, 239. Ordinance 365, to provide for refunding the bonded debt of the State, and for improving the Capitol building and grounds, 239. Ordinance 378, prescribing the number of grand jurors, and for the suppression of crime, 298. Resolution 168, relates to binding laws of the General As- sembly, 323, 545. Supplementary report to the report of the Committee on Local Legislation, 405. Report of Committee on Legislative Department, 465. Resolution 244, to require pairs to be in writing, 751. Special report on resolution 194, 974. Minority report from Committee on Suffrage and Elections, 537, 992. Motion to extend privileges of floor to Louis W. Turpin, 1115. Ordinance 462, to provide for a separate vote on the "grand- father clause", 1556. Resolution 333, relative to securing a fair and honest election on the question of ratification of the Constitution, 1643, OATH OF OFFICE. Constitutional provision (Sec. 279), 1739. OATH TO DELEGATES, Administered by Chief Justice Thomas N. McClellan, 5. OATH TO OFFICERS. Administered by President of the Convention, 23. OFFICERS OF CONVENTION, 18, 22, 23, 1658. Lists of, 1777. OFFICIALS, STATE. Constitutional provisions, 1686, 1695. 1830 INDEX. O'NEAL, EMMET, 4, 1780, 1782. Resolution to extend privileges of floor to Gen. Joseph Wheel- er, 31. Ordinance 34, to amend Sec. 1, Art. XII, Constitution, 88. Ordinance 35, to provide who shall be eligible to hold office under the Constitution and laws of Alabama, 88. Ordinance 143, limiting terms of municipal grants of fran- chise, 119. Ordinance 144, to amend certain sections of Art. XI, Con- stitution, 119. Ordinance 145, to amend Sec. 5, Art. XI, Constitution, 119. Ordinance 146. to amend Art. XIII, Constitution, 119. Resolution 71, to adopt the present Constitution, etc., 125, 133, 134, 135, 154. Resolution 151, declaring sense of Convention as to salary of Governor, 287, 351, 372. Ordinance 377, to amend Sec. 21, Art. IV, Constitution, 298. Resolution 157, to extend privileges of floor only by unani- mous vote, 301. Resolution S94, to amend Sec. 24, Art. 1, Constitution, 371. Resolution 182, to make report of Committee on Local Legis- lation special order, 382. Report of Committee on Local Legislation, 382. Resolution 221, to adjourn for the Fourth of July, 599. Resolution 226, to place two additional fans in the hall, 625. Question of privilege, 702, 738, 1225, 1289. Resolution 277, to appoint special committee to ascertain cause of delay and confusion in delivery and distribution of mails, 100 < . Appointed chairman under resolution, 1007. O'NEILL, JOHN W.. 4, 1780, 1784. Motion to amend resolution extending privileges of floor, 42. Ordinance 297, to limit the power of city or town to incur debt or issue bonds, 191. Ordinance 348, to amend Sec. 1, Art. XI, Constitution, 233. Ordinance 357, to amend Sec. 1, Art. XI, Constitution, 238. Ordinance 358, to amend Sec. 1, Art. XI, Constitution, 238. Ordinance 359, to amend Art. V, Constitution, 238. Ordinance 389, to relieve agents of firms or corporations in this State of license tax not charged outside the State to INDEX. 1831 agents of firms or corporations doing business in Alabama, 325. Ordinance 397, to allow electors to express their preference as to United States Senators, 405. Resolution 269, to provide that electors may express by bal- lot their choice for United States Senators, 954. OPP. HENRY, 4, 1780, 1784. Minority report from Committee on Education, 731. Question of privilege, 1275. Resolution 308, to extend privileges of the floor to D. M. Powell, 1355. ORDER, CONSISTENCY AND HARMONY OF THE WHOLE CON- STITUTION, COMMITTEE ON. Allowed to sit during session, 1210, 1289. Rule 52, amended as to, 1396, 1448, 1483. Ordinance 459, to pay for printing report of, 1480, 1636. Report of Committee on the Whole Constitution, read at length, 1484. Consideration of report, 1493, 1519,1523, 1534, 1549, 1557, 1558, 1578, 1612, 1649. Supplemental report, 1524. Special report on ordinance 412, 1651. Reconsideration, 1539, 1551, 1557. Report on resomtion 326, 1577. Special report on Impeachments, 1622. Constitution adopted as a whole, 1634. Special report, 1647, 1650. ORDINANCES (Numerically arranged). No. 1, to amend Sec. 3, Art. II, Constitution, 75. No. 2, to amend Sec. 1, Art. XII, Constitution, 75. No. 3, to amend Sec. 23, Art. XIV, Constitution, 76. No. 4, to amend Sec. 2, Art. XIII, Constitution, 76. No. 5, to prohibit vagrants from voting in this State. 77. No. 6, to amend Sec. 2, Art. XI, Constitution, 84. No. 7, to amend Sec. 2, Art. II, Constitution, 84. No. 8, to regulate the veto power of the Governor, 84. No. 9, to prohibit increase of salary or fees of public officers during term, 84. No. 10, to provide for the election of Lieutenant Governor, 85. No. 11, to amend Art. VIII, Constitution, 85. 1832 INDEX. No. 12, to amend Sec. 1, Art. VII, Constitution, 85. No. 13, to amend Sec. 5, Art. V, Constitution, 85. No. 14, to amend Sees. 5, 6, 18, 23, Art. VI, Constitution, 85. No. 15, to regulate terms of officials, 85. No. 16, to regulate exemptions, 85. No. 17, to limit the powers of political and municipal corpora- tions to incur debts and issue bonds, 85. No. 18, to limit the powers of the General Assembly as to local and special legislation, 86. No. 19, to readopt Sec. 7, Art. XI, as amended, 86. No. 20, to readopt certain sections of present Constitution as to taxation, 86. No. 21, to readopt provisions of Art. X of Constitution of 1875 relating to exemptions, 86. No. 22, to regulate suffrage and elections. 86. No. 23, to amend Sec. 22, Art. IV, Constitution. 86. No. 24, to amend Sec. 19, Art. IV, Constitution, 86. No. 25, to amend Art. VIII, Constitution, 86. No. 26, to amend Sec. 2, Art. II, Constitution, 87. No. 27, to regulate State and County Boundaries, 87. No. 28, to amend Sec. 26, Art. V, Constitution, 87. No. 29, to amend Sec. 2, Art. XVII, Constitution, 87. No. 30, to amend Sec. 5, Art. XIII, Constitution, 87. No. 31, to amend Sec. 5, Art. IV, Constitution, 87. No. 32, to amend Sec. 2, Art. X, Constitution, 87. No. 33, to submit proposition of Senator John T. Morgan for elective franchise of the Constitution, 87. No. 34, to amend Sec. 1, Art. XII, Constitution, 88. No. 35, to provide who shall be eligible to hold office under the Constitution and laws of Alabama, 88. No. 36, to define county boundaries, 88. No. 37, to amend Sec. 2, Art. II, Constitution, 88. No. 38, to amend Art. I, Declaration of Rights, relating to prohibition of flogging convicts, 88. No. 39, to amend Sec. 1, Art. XIII, Constitution, 88. No. 40, to restrict the issuance of bonds by municipal cor- porations, 88. No. 41, to provide for the deposit of State funds in State banks, 88. No. 42, to amend Sec. 1, Art. X, Constitution, 89. No. 43, to amend Sec. 2, Art. X, Constitution, 89. INDEX. 1833 No. 44, to amend Sec. 3, Art. X, Constitution, 89. No. 45, to prohibit a sentence for contempt of court, etc., without a trial by jury, 89, 93. No. 46, to establish Executive Department of Alabama, 89. iNO. 47, to amend Sec. 5, Art. IV, Constitution, 89. No. 48, to amend Sec. 1. Art. Xlll, Constitution, 89. No. 49, to amend Sec. 2, Art. XI, Constitution, 89. No. 50, to amend Sec. 3, Art. VIII, of present Constitution, 90. No. 51, to amend Sec. 8, Art. XIII of present Constitution, 90. No. 52, to reguiate the mode of compensating the clerk of the Supreme Court, 90. No. 53, to amend Art. XVII of present Constitution, 90. No. 54, to amend Sec. 23, Art. I\^, present Constitution. 90. No. 55, relating to suffrage and election, 90. No. 56, to fix qualifications of Superintendent Education, 90. i>JO. 57, to abolish Justices of Peace offices in towns, villages and cities, 90. No. 58, to define qualifications of voters in primary elections, 90. No. 59, to amend Sec. 5, Art. II, Constitution, 101. No. 60, to provide for working the public roads of the State, 101. No. 61, regulates gathering and marketing of farm products, 101. No. 62, to amend Art. I, Sec. 1. Constitution, 101. No. 63, to amend Sec. 7, Art. XI, Constitution, 101. No. 64, to amena bee. 12, Art. I, Bill of Rights of Constitu- tion, 101. No. 65, to prohibit bribery or fraud by candidates for office, or violation of election law, 102. No. 66, prohibiting persons who practice fraud in elections from voting, 102. No. 67, providing for filling of vacancies that may occur in county offices, 102. No. 68, providing for Superintendent of Education in coun- ties, specifying qualifications and manner of selection, 102. No. 69, to amend Art. XIV, Sec. 1, Constitution, 102. No. 70, to amend Art. I, Sec. 12, Constitution, 102. No. 71, to amend Art. I, Sec. 23, Constitution, 102. No. 72, to amend Art. XIV, Sec. 10, Constitution, 103. No. 73, to amend Sec. 7, Art. XI, Constitution, 103. 1834 INDEX. No. 74, to revise and amend Art. XIII of present Constitu- tion, 103. No. 75, to exempt veterans of the Civil War from payment of licenses, etc., 103. No. 76, to add additional section to Art. VIII of Constitution on Suffrage and Elections, 103. No. 77, to amend Sec. I, Art. XIII, Constitution, 103. No. 78, to regulate the granting of franchises by municipal corporations, 103, 195, 198. No. 79, to amend Sec. 24, Art. IV, of present Constitution, 103. No. 80, to maKe the pay of public school teachers a preferred claim, 103. No. 81, to amend Art. 1 of Constitution relating to Declara- tion of Rights, 104. No. 82, to amend ^ec. 5, Art. v. Constitution, 104. No. 83, to amend Sec. 4, Art. IV, Constitution, 104. No. 84, to amend Sec. 2, Art. II, Constitution, 104. No. 85, repealing paragraph 35 of Declaration of Rights, 104. No. 86, relating to State University, 104. No. 87, concerning the rights of citizens to bear arms, 104. No. 88, to repeal Sec. 38 of present Bill of Rights, 104. No. 89, to amend Sec. 7, Art. XI, present Constitution, 104. No. 90, to define general laws, 105. No. 91, to amend Sec. 1, Art. VIII, Constitution, 105. No. 92, to amend Sec. y, Art. XIII, Constitution, 105. No. 93, to further restrict the powers of the General Assem- bly, 105. No. 94, to amend Sec. 12, Art. I, Constitution, 105. No. 95, to amend Sec. 1, Art. XIII, Constitution, 105. No. 96, to amend Sec. 1, Art. V, Constitution, 105. No. 97, to amend Sees. 23 and 24, Art. IV, Constitution, 106. No. 9-8, to amend Sec. 25, Art. VI, Constitution, 106. No. 99, to amend Sec. 2, Art. 1. Constitution, 106. No. 100, to amend Art. 13 of Constitution of 1875, 106. No. 101, providing for reduction of taxation in certain con- tingencies, 106. No. 102, to confirm and ratify Sec. 12, Art. 1. Constitution, 106. No. 103. to amend Sec. 24. Art. IV, Constitution, 106. No. 104, to regulate mileage and per diem of members of General Assembly, 106. No. 105, to require salaries of judges to be paid by the State, 107. INDEX. 1835 No. 106, to readopt Sec. 10, Art. .^III, of Constitution of 1875 relating to the removal of the State University or the Agri- cultural and Mechanical College, 113. No. 107, to amend Sees. 9 and 10, Art. XIII, Constitution, 114. No. 108, to amend Sec. 21, Art. VI, 114. No. 109, to amend Sec. 14. Art. V, Constitution, 114. No. 110, to provide for safe and productive use of surplus pub- lic funds in the Treasury, 114. No. Ill, to amend Art. IX of Constitution, 114. No. 112, to amend Sees, 3, 5 and 9 of Art. IV, Constitution, 114. No. 113, to amend Sec. 2, Art. II, Constitution, 114. No. 114, to establish a Railroad Commission for Alabama, 114. No. 115, to amend Sec. 6. Art. IV, Constitution, 115. No. 116, regulating payment of mileage to public servants, 115. No. 117, to amend Sec. u, Art. Iv, present Constitution, 115. No. 118, to amend Sec. 16, Art. V, present Constitution, 115. No. 119, specifying qualifications of electors, 115. No. 120, to amend Sec. 7, Art. XI, Constitution, 115. No. 121, to amend See. 3, Art. XIV, Constitution, 115. No. 122, relating to the formation of new counties, 116. No. 123, relating to the removal of county sites, 116. No. 124, to repeal See. 8, Art. XI, Constitution, 116. No. 125, to amend Sec. 1, Art. VII, Constitution, 116. No. 126, to create the office of Lieutenant Governor of Ala- bama, and to define qualifications and duties of such office, 116. No. 127, to amend Sec. 8, Art. IV, Constitution, 11 j. No. 128, to declare the status of married women, 117. No. 129, to amend Sec. 8, Art. IV, Constitution, 117. No. 130, to alter and amend Art. XIII, Constitution, 117. No. 131, amending Sec. 47, Art. IV, Constitution, 117. No. 132, amending Sec. 23, Art. XIV, Constitution, 117. No. 133, addition to Art. XIV, Constitution, 117. No. 134, amending Sec. 5. Art. V, Constitution, 117. No. 135, to amend Art. IV of Constitution, 118. No. 136, to amend Art. XI of Constitution, 118. No. 137, to amend Art. IV, Sees. 1 and 2, Constitution, 118. No. 138, to preserve and purify the ballot, 118. No. 139, for the abolition of the Chancery Court, 118. No. 140, to authorize the Governor, with advice and consent 1836 INDEX. of Senate, to appoint and remove for cause the Attorney General, 118. No. 141, proposing certain prohioitions and restrictions upon power of Legislature, 118. No. 142, to regu.ate and define powers oi legislation, touching local and special laws, 118. No. 143, regulating municipal power in making and granting franchises, contracts, etc., 119. No. 144, to amend Sections of Art. XI, Constitution, 119. No. 145, to amend Sec. 5, Art. XI, Constitution, il9. No. 146, to amend Art. XIII, Constitution, 119. No. 147. to regulate, powers of corporations. 119. No. 148, to prohibit the State from engaging in certain busi- ness, 119. No. 149, to provide for jury trials in certain cases. 119. No. 150, to amend Art. II, Constitution, by adding Sec. 3, 119. No. 151, to amend Sec. 4, Art. XI, of present Constitution, 120. No. 152, to disfranchise negroes and persons of African de- scent in Alabama, 120. No. 153, to amend Art. VI, Constitution, 120. No. 154, to amend Art. V. Sec. 12, Constitution, 120. No. 155, to provide for election of Railroad Commissioners, 120. No. 156, to constitute a part of Art. V of Constitution, 120. No. 157, to amend Sees. 1 and 2, and make a new sections for Art. VI, 120. x>o. 158, to amend Sees. 12, 13, 15, 25, 26, Art. V, 120. No. 159, to amend Sees. 13, 15, 17, 27, 31, 39, 52, 56, Art. IV, and to add a section to said article, 121. No. 160, to amend Sec. 32, Art. IV, Constitution, 121. No. 161, to amend Sec. 6, Art. XIII, Constitution, 121. No. 162, to provide .or the distr.Dution of school funds, 121. No. 163, to amend Art. VIII of Constitution, 140. No. 164, to amend Sec. 54, Art. IV, 140. No. 165, to prohibit the General Assembly from abolishing the military system of education in the University and in the Alabama Polytechnic Institute, 140. No. 166, to amend Sec. 2, Art. I, Constitution, 140. No. 167, to amend Sec. 29, Art. IV, Constitution, 140. No. 168, to amend Sec. 13, Art. V, Constitution, 140. No. 169, to amend Sec. 2, Art. X, present Constitution, 141. No. 170. to declare null and void the act of March 5, 1901, 141. INDEX. 1837 No. 171, to fix the salary of Governor, 141. No. 172, to amend Sec. 7, Art. X, Constitution, 141. No. 173, to exempt cotton manufactories from taxation for ten years, 141. No. 174, relating to qualifications of voters and officeholders, 141. No. 175, to amend Sec. 38, Art. I, Constitution, 141. No. 176, to confer the right of suffrage on certain people, 142. No. 177, to amend suffrage clause of Constitution, 142. No. 178, regulating appropriations by the General Assembly, 142. ino. 179, relating to the revenue raising committees of the Legislature, 142. No. 180, to amend Sec. 10, Art. VI, Constitution, 142. No. 181, to amend Sec. 27, Art. I v^. Constitution, 142. No. 182, to add additional section to the Declaration of Rights, 142. No. 183, to regulate the organization and classification of cities and towns, 142, 194, 414. No. 184, to fix the term of office of the Chief Justice and Associate Justices of the Supreme Court of Alabama, 143. No. 18.5, to amend Sec. 17, Art. VI, Constitution, 143. No. 186, to provide for the organization, classification and government of villages, tovi^ns and cities of Alabama, 143, 195, 414. No. 187, to permit municipalities in the State of Alabama, having more than 2,000 inhabitants, to establish muni- cipal courts. 143, 230. No. 188, to limit the indebtedness of the municipal cor- porations of Alabama, 143. No. 189, providing for levying and collecting municipal taxes, 143. No. 190, to amend Art. II, Sec. 7, Constitution, 143. No. 191, to amend, alter and change Art. II .Sees. 1 and 2. of Constitution of Alabama of 1875, 143. No. 192. to repeal Sec. 38, Art. I, of present Constitution, 144. No. 193, to amend Sec. 56, Art. IV, Constitution, 144. No. 194, to require all officers, authorized by this Constitu- tion, to be elected by the people, 144. 1838 INDEX. No. 195, for the protection of creditors of corporations, 144. No. 196, to amend Sec. 1, Art. XVI, Constitution, 144. No. 197, to amend Sec. 6, Art. V, Constitution, 144. No. 198, to authorize railroad companies to exercise power of eminent domain, 144. No. 199, to define powers of married women to contract, 145. No. 200, to regulate the establishing of stock law, 145. No. 201, to prohibit any change in Preamble and Art. I, in Constitution, 145. No. 202, to amend Sec. 9, Art. VI, Constitution, 145. No. 203, a substitute for Sec. 7, Art. V, 145. No. 204, to amend Sec. 25, Art. VI, 145. No. 205, stipulating election of all officers by vote of the' qualified electors, 145. No. 206, to establish courts of County Commissioners in the several counties and authorize the Legislature to confer powers of local legislation and administration on same, 153. No. 207, amending Sec. 29, Art. VI. Constitution, 153. No. 208, to. amend Sec. 1, Art. VIII. Constitution, 153. No. 209, to regulate suffrage and elections in the State, 153. No. 210, to amend Preamble of Constitution. 153. No. 211, to amend Sec. 5, Art. XIII, Constitution, 153. No. 212, to amend Sec. 1, Art. XI, Constitution, 153. No. 213, to amend Sees. 5 and 7, Art. XI of Constitution, 154. No. 214, regulating the right to vote, 154. No. 215, to provide for the election of the officers of the State by the people, 168. No. 216, to amend Sec. 35, Art. I, Constitution, 168. No. 217, 10 limit the authority of the proper officials, re- garding the issuance of marriage licenses to females i under the age of 16 years, 168. No. 218, to regulate the establishment of charitable, educa- tional or agricultural institutions, 169. No. 219, to prohibit the fixing of prices or hours of labor- "ers, 169. No. 220, to amend Sec. 3, Art. VIII, Constitution. 169. No. 221, to amend Sec. 1, Art. I"V,' Constitution, 169. INDEX. 1839 No. 222, to amend Sec. 1, Art. VI, present Constitution, 169. No. 223, to regulate the amount of money which may be expended by the State for the support of the State in.- stitutions of learning, 169. No. 224, 10 regulate the establishment of stock law dis- tricts. 169. No. 225. amending Sec. 25, Art. VI, 169. No. 226, to amend Sec. 31, Art. IV, Constitution, 169. No. 227, to amend Art. IV, Constitution, 170. No. 228, to amend Art. IV, Constitution. 170. No. 229, to encourage emigration to the State, 170. No. 230, to amend Sec. 1, Art. XIII, Constitution, 170. No. 231. to regulate apportionment and appropriation of the school funds, 170. No. 232, to regulate the representation of the counties in the State, 170. No. 233, to amend the Constitution by adding one addition- al article, 170. No. 234, to amend Sees. 1 and 2. Art. 1, Constitution, 170. No. 235, to amend Sec. 1, Art. X, Constitution. 171. No. 236, to amend Sec. 15, Art. VI, Constitution, 171. No. 237, to prescribe the mode and manner in and by which the Governor may exercise the appointing power to office, 171. No. 238, to regulate suffrage. 171. No. 239, to fill vacancies in county offices by the court of County Commissioners, 171. No. 240, to dispense with the necessity of indictment in certain felony cases, 171. No. 241, to amend Sec. 5, Art. IV, Constitution, 171. No. 242, to amend Sec. 5, Art. XI, Constitution, 171. No. 243, to amend Sec. 5, Art. XI. Constitution, 172. No. 244, as to the banking or depository; State funds, 172. No. 245, to amend Art. VIII, Constitution, 172. No. 246, to amend Sees. 4 and 5, Art. XI, Constitution, 172. No. 247, to provide ror the payment of the public debt, 172. No. 248, to limit the issue of bonds or other evidences of debt by cit.es and towns, 172. * No. 249, referring to the office of Justice of the Peace, No- tary Public and Constable, 172. 1840 INDEX. No. 250, to fix the time for the assembling of the General Assembly, 172. No. 251, providing for the bonding of State and County officers, 173. No. 252, reducing the number of jurors, 173. No. 253, to provide for the working of convicts of the several counties of the State, 173. No. 254, providing for the exemption of cotton mills from taxation, 173. No. 255, regulating and providing for the publication of the laws and bills. 173. No. 256, to establish a department of Agriculture, 173. No. 257, amending Sec. 5, Art. XIII, 173. No. 258, to amend Sec. 4, Art. XI, Constitution, 173. No. 259, to establish a Court of Appeals, and declare juris- diction thereof. 173. No. 260, to amend Sees. 1 and 3, Art. VIII. Constitution, 174. No. 261, to promote speedy discussion of causes in the Supreme Court, 174. No. 262, to provide for a Board of Conciliation, 174. No. 263, to amend Sec. 3, Art. VIII, Constitution, 174. No. 264, to amend Sec. 2, Art. X, Constitution, 174. No. 265, to amend Sec. 1, Art. XIII, Constitution, 174. No. 266, to amend Sec. 1, Art. II, Constitution, 174. No. 267, continuing the office of Examiner of Public Ac- counts, 174. No. 268, that Probate Judges shall be elected every four years, 174. No. 269, to amend Sec. 6, Art. XI, Constitution, 175. No. 270, providing for fair elections and qualifications of voters, 175. No. 271, to prescribe the time of election of Justices of the Supreme Court, Circuit Judges, Chancellors and Probate Judges, 175. No. 272, to prescribe the term of office of Justices of the Supreme Court, Circuit Court Judges, Chancellors and Probate Judges, 175. No. 273, to amend Art. XVI, Constitution, 175. No. 274. to amend Art. VIII, Constitution, 175. No. 275, to improve the Judicial system of the State, 175. No. 276, relating to municipal corporations, 176. INDEX. 1S41 No. 277, to add a section to Art. Ill, 176. No. 278, to amend Sees. 11, 12, 13, 14, 15, 21, Art. I, 176. No. 279, to amend Sees. 9, 10, 12, 17, 25, Art. VI, Constitu- tion, 176. No. 280, to establish a bureau of Industrial Resourees, 176. No. 281, relating to the Judiciary in counties having a population of 40,000 or more, 176. No. 282, to exclude from any limitation upon the indebted- ness of municipal corporations, obligations or bonds is- sued for street improvements, etc., 176. No. 283, relating to education, 176. No. 284, to amend Sec. 23, Art. IV, Constitution. 176. No. 285, to prohibit the delegation of authority to levy taxes, 177. No. 286, to prevent the contracting of a debt beyond the revenues of the State to meet, 177. No. 287, to amend Sec. 5, Art. XIII, Constitution. 177. No. 288, to provide for the election of Solicitors and County Officers, and prescribe the term of office, 177. No. 289, to regulate elections in the State of Alabama, 190. No. 290, to create a Railroad Commission, 190. No. 291, to prohibit the appropriation of any part of the public school money in aid of church or sectarian schools. 190. No. 292, to amend Art. VI, present Constitution, relating to the Judiciary, 1^1. No. 293, to regulate the right to vote in this State. 191. No. 294, to amend Sec. 1. Art. XVII, of new Constitution, 191. No. 295, to amend oec. 5, Art. IV. Constitution, 191. No. 296, relating to the Judiciary, 191. No. 297, to limit the power of city or town to incur debt or issue bonds, 191. No. 298. to prescribe the mode of selection of the Trustees of the University, 191. No. 299, to declare the Governor ineligible for office for two years after the expiration of his term of office, 191. No. 300., to prevent the General Assembly from depriving the municipalities of this State of their legitimate reve- nues. 192. No. 301, to amend Sec. 2, Art. IV, Constitution, 192. 116 1842 INDEX. No. 302, to amend Sec. 12, Art. V, Constitution, 192. No. 303, to amend Art. VIII, Constitution of 1875, 192. No. 304, to regulate primary elections in the State of Alabama, 192. No. 305, to amend Sec. 1, Art. X, Constitution, 192. No. 306, to amend Sec. 7, Art. X, Constitution, 192. No. 307, to amend Sec. 7, Art. 1, Constitution, 192. No. 308, to prevent the collection of more than the legal rate of interest, by means of commissions, premiums, or other devices of like nature, 193. No. 309, relating to the qualifications for the exercise of suffrage, 193. No. 810, to constitute the Governor, Secretary of State, Auditor and Treasurer, Railroad Commissioners, 193. No. 311, to cnange the area of the counties by amending Sec. 2, Art. II, Constitution. 193. No. 312, to amend Sec. 2, Art. XVII, Constitution, 193. No. 313, to amend Sec. 7, Art. XI, 193. No. 314, to amend Sec. 4. Art. XI, 193. No. 315, to amend Sees. 1, 2, and 7, Art. X, 193. No. 316, to add an independent section to the Constitution, 194. No. 317, to add an independent section to the Constitution, 194. No. 318, to add a section to Art. VI, and amend Sec. 25, Art. VI, 194. No. 319, relating to street railways, gas, water, steam or • hot water heating, telephone, telegraph, electric light or power plant, in or on the streets, avenues or alleys of towns or cities, 194. No. 320, providing for the collection of taxes, 203. No. 321, to amend bee. 1, Art. VI, Constitution, 203. No. 322, providing that the representation be based on the white population only, 203. No. 323, to repeal Sec. 8, Art. XI, Constitution. 203. No. 324, to amend bee. 21, Art. IV, Constitution, 203. No. 325, to amend Sees. 3, 5 and 6, Art. IV, Constitution. 203. No. 326, to provide for the election of County Superin- tendent of Education and the County Board of Educa,- tion, 9,nd define their dutje^, 203. INDEX. 1843 No. 327, debarring lawyers from holding office except of a judicial nature, 203. No. 328, to amend Sec. 21, Art. 1, Constitution, 204. No. 329, to strike out Sec. 35 from the Declaration of Rights, 204. No. 330, to require the General Assembly to enlarge the State Capitol grounds, 204. No. 331, to regulate the conveying of homesteads by exe- cutory contract, 204. No. 332, to amend Art. VIII, Constitution, 210. No. 333, to amend the Constitution of Alabama by adding to Art. IV a section, 210. No. 335, 'to repeal Sec. 7, Art. X, Constitution, 210. No. 336, to regulate and control the employment of chil- dren in factories and other public works, 210. No. 337, to amend Sec. 5, Art. VIII, Constitution, 210. No. 238, to amend Sec. 2, Art. VIII. Constitution, 210. No. 239, to amend Art. VIII, Constitution, by adding new sections, 8 and 9, 211. No. 340, to amend Sec. 31, Art. IV, Constitution, 211. No. 341, for the equitable distribution of the surplus moneys arising from the sale of fertilizer tags, 211. No. 342, to regulate the fees of Constables and Deputies, 232. No. 343, to amend Sec. 49, present Constitution, to compel children who are able to support indigent parents, 232. No. 344, to amend the Constitution relating to the Judi- ciary, 232. No. 345, regarding inheritable rights of wife and husband in each other's estate, 232. No. 346, relating to legal advertising, 232. No. 347, prohibiting rublic schools from contracting with any one corporation exclusively for books, or other school articles, 232. No. 348, to amend Art. XI, Sec. 1, on taxation. 233. No. 349, to establish a Great Seal for the State of Ala- bama, 233. No. 350, to amend Sec. 1, Art. XIV, Constitution, 233. No. 351, to amend Art. VII, Sec. 10. Constitution. 237. No. 352. for the protection of local building and loan as- sociations from excessive taxation. 237. 1844 INDEX. No. 353, relates to exempted property, 238. No. 354, relates to county boundaries, 238. No. 355, to limii the indebtedness of cities, towns and vil- lages in Alabama, 238. No. 356, relates to Judicial Department. 238. No. 357, to amend Sec. 1, Art. XI, Constitution. 238. No. 358, to amend Sec. 1, Art. XI, Constitution, 23s. No. 359, to amend Art. V, Constitution, 238. No. 360, to prohibit the ownership of real estate by per- sons owing allegiance to foreign governments, 238. No. 361, to amend Sec. 25, Art. VI, Constitution. 238. No. 362, to amend Sec. 8, Art. XIV, 239. No. 363, relates to exemption from taxation, 239. No. 364, to prevent an increase of State debt and to regu- late temporary loans, 239. No. 365, to provide for refunding the bonded debt of the State, and for improving the Capitol building and grounds, 239. No. 366, to define a trust and to prohibit the same in this State. No. 367, to amend Sec. 26, Art. VI, 244. No. 368, to amend Art. VIII, present Constitution, 244. No. 369, to amend Sec. 3, Art. VIII, 244. No. 370, relating to the meeting of the Legislature, 258. No. 371, to amend Sec. 17, Art. VI, present Constitution, 258. No. 372, relating to the duties and powers of Joint Conven- tion and tne Speaker of the House in canvassing the returns of the State elections, 285, 375. No. 373. to define in part the duties of Lieutenant Governor of the State, as provided for by this Convention, 285. No. 374, to amend Sec. 1, Art. VIII, Constitution, 285. No. 375, to provide for the filling of vacancies in certain offices in the several counties of the State, 286. No. 376, to establish an inferior court in cities of 5,000 in- habitants and to abolish office of Justice of Peace in such cities, 286. No. 377, to amend Sec. 21, Art. IV, Constitution, 298. No. 378, prescribing the number of Grand Jurors and for the suppression of crime, 298, INDEX. 1845 No. 379, to amend Sec. 7, Art. 1, Constitution, 298. No. 380, to amend Sec. 14, Constitution, on Banks and Banking, 298. No. 381, to establish a whipping post, 306. No. 382, to prevent and prohibit intermarriage of negroes and whites, 306. No. 383, to amend Sec. 5, Art. XIII, Constitution, 306. No. 384, an ordinance to amend Sec. 25, Art. II, Constitu- tion, 306. No. 385, to amend Sec. 7, Art. II, Constitution, 306. No. 386, relating to the government of the University, and the payment of interest on the University fund, 306. No. 387, reducing expense of administering small estates, 306. No. 388, to fix the date of election of city officers in the State, 306. No. 389, to relieve agents of firms or corporations in this State of license tax not charged outside the State to agents of firms or corporations doing business in Ala- bama, 325. No. 390, relating to erection of court house and jail in St. Clair county, 326, 1381. No. 391, to prevent discrimination in privilege taxes, 326. No. 392, an ordinance to be entitled Sec. — , Art. IV, 371. No. 393, to create a State Board of Arbitration, 371. No. 394, to amend the first proviso of Sec. 24, Art. I. Con- stitution, 371. No. 395 No. 396, prohibiting the Legislature from authorizing lot- teries, gift enterprises or pool selling in sports or games of any kind or description, 405. No. 397, an ordinance allowing electors to express their preference for United States Senators, 405. No. 398, an ordinance amending Sec. 17, Art. XIV, Consti- tution, relating to banking, 427. No. 399, to provide for the formation or creation of private corporations in the State of Alabama, 427. No. 400, to provide for a tax on collateral inheritances, 427. No. 401, relating to removing the State Capitol from Montgomery to Birmingham, 427. No. 402, to amend Sec. 2, Art. X, Constitution, 445. 1846 INDEX. No. 403, to give plenary powers to Railroad Commission- ers, etc., 445. No. 404, to amend part of Sec. 28, Art. V, new Constitu- tion, 513, 1269, 1283. No. 405, to prohibit newspapers or their representatives from accepting a free pass or other free transportation from a railroad company doing business in the State, 513. No. 406, to limit the amount of tax on fertilizers manu- factured or sold in the State, 526. No. 407, to authorize the General Assembly to amend the Constitution of the State, 526. No. 408, to create the office of Sheriff in each of the counties of the State of Alabama; providing means of election thereto, and a method of removal therefrom, 576. No. 409, to provide for the filing and arranging of the papers and documents pertaining to the Constitutional Convention, etc., (to providie for superintendence of printing, compensation for Secretary, etc., 604, 1153, 1749. No. 410, to give court discretion to exclude from court room persons not necessary in conduct of trial in cases of rape, adultery, etc., 604, 1291, 1446. No. 411, to enact penal statutes to suppress obscene and profane language in hearing of children, 604. No. 412, relating to bonded indebtedness of State, 626, 1227, 1651. No. 413, amendment to article on Taxation, 642. No. 414, to provide for the succession in the office of Gover- nor, 642, 1442. No. 415, for the relief of E. L. May, 643, 1354. No. 416, to prohibit the hiring or leasing of convicts in this State, 663. No. 417, to amend Sec. 13 of an ordinance to create and define Executive Department, 682. No. 418, to amend Sec. 4, Art. XI of present Constitution, relating to tax rate of State, 723. No. 419, to provide for issuance of bonds, in event of an- nexation of foreign territory to this State by purchase, 723. INDEX. 1847 No. 420, for enacting laws, by the General Assembly en- forcing lien of agricultural, mechanical and railroad em- ployes, upon products of manual labor, 760. No. 421, to provide for formation of county of "Houston" from the counties of Jefferson, Tuscaloosa and Bibb, 846. No. 422, to fix liability of holders of stock in corporations as co-partners for debts, etc., 847. No. 423, to repeal Sees. 8 and 9 of article adopted by this Convention on Banks and Banking, 847, 1137. No. 424, limiting length of sitting of present Convention, payment of officers, delegates, etc., 864. No. 425, concerning railroad passes, 907. No. 426, amendment to fourth section article heretofore adopted on Banks and Banking, 907, 1458. No. 427, no corporation attorney shall be eligible to office as member of Legislature, 907. No. 428, to regulate railroad passes, 908. No. 429, to repeal Sec. 5, Article on Legislative Depart- ment, as adopted by this Convention, 908. No. 430, insolvency of incorporated bank, shareholders' ' liability, etc., 916. No. 431, qualifications of voters and electors in Alabama, 939. No. 432, authorizing Legislature to construct canal from Birmingham to the Warrior river, 939. No. 433, limiting ownership of lands by corporations, 939. No. 434, relating to voting of drummers, ministers, teach- ers, railroad employes, etc., 986. No. 435, to amend Sec. 3, Art. II, Constitution, 1008. No. 436, to repeal Sees. 8 and 9, on Banks and Banking, adopted by this Convention, 1008. No.. 437, to exempt married maimed Confederate soldiers, 1088. No. 438, providing for suspension of act of General Assem- bly changing county seat of Shelby county, until lo- cated by a vote of the county, 1088. No. 439, providing that Sec. 2 of Article on Suffrage and Elections be amended in regard to voting of ministers, 1089. 1848 INDEX. No. 440, to amend Sec. 3, regulating county boundaries, location of county sites and formation of new counties, 1107. No. 441, to amend Sec. 3, Art. II, of this Constitution. 1107. No. 442, to amend Sec. 18, Article on Suffrage and Elec- tions, passed by this Convention, 1107. No. 443. regulating term of service of Solicitors, 1148. No. 444, substitute for Sec. 28, Article on Judiciary, 1148. No. 445, substitute for Sec. 28, Article on Judiciary, 1170. No. 446, providing for indexing stenographic report, and repeal of resolution 169, 1196, 1454, 1468. No. 447, instructing Secretary of Convention to send mem- bers copies of stenographic report, etc., 1226. No. 448, regulating term of office of incumbent State Sena- tors, 1246. No. 449, to provide for court house and jail in St. Clair county, 1247, 1324, 1444. No. 450, prohibiting the granting of fifty-year franchises by a municipality, 1290. No. 451, providing for establishment of court house and jail in Talladega county, 1290. 1379. No. 452, providing for election of Solicitors, 1333. No. 453, providing for registration of colored electors, 1333. No. 454, to repeal part of Sec. 2, Article on Municipal Coi'- porations, affecting Montgomery, 1333. No. 455, providing for adoption of Article on Judiciary De- partment, 1333. No. 456, to authorize Governor, Auditor and State Treas- urer to set apart sums for bonded indebtedness of State, 1353. No. 457, providing for indigent Confederate soldiers and indigent widows of Confederate soldiers, 1381. No. 458, relating to licenses of public school teachers, 1381. No. 459, to appropriate $143.75 for payment due C. B. Brown and the Alabama Printing Co. for services per- formed, 14S0, 1636. No. 460, to empower and authorize the Legislature to amend or repeal ordinances adopted by the Convention not contained in the proposed Constitution, 1555, 1650. INDEX. 1849 No. 461, to provide for qualifications, etc. of electors who shall participate in municipal election of Florence, Dec. 1901, 1555. No. 462, substitute for "grandfather" clause, 1556. No. 463, to provide for payment of Secretary and assist- ants for services rendered after adjournment of Conven- tion, 1640. No. 464, appropriation to Robert Chapman for enrollment of Constitution, 1641. No. 465, to appropriate $1,000 to be expended by the Gov- ernor in giving publicity to the Constitution, etc., 1661. ORDINANCES RECOMMITTED, 230, 237, 288, 371, 379, 446, 1137, 1379, 1468. O'REAR, RUFUS A., 4, 1780, 1785. OWENS, REV. A. F. (colored). Memorial on the civil and political rights of the negro, 211. PAGES, 33, 35. Resolution of thanks, 1659. PAIRS, 50, 344, 345, 347, 391, 440, 459. 504, 519, 521, 549, 592, 595, 610, 615, 638, 646, 648, 747, 753, 755, 763, 806, 827, 835, 836, 839, 994, 999, 1001, 1036, 1047, 1050, 1073, 1077, 1079, 1083. 1097, 1131, 1151, 1173, 1175, 1211, 1266, 1268, 1277, 1279, 1281, 1286, 1294, 1296, 1302, 1327, 1335, 1349, 1356, 1359, 1361, 1363, 1373, 1422, 1467, 1470, 1605, 401. PALMER, DABNEY, 4, 1780, 1783. Permitted to select seat, 29. PARCHMENT. Constitution enrolled on, 1007. 1067, 1291, 1479. Committee on Enrollment, 1481. PARDONS. BOARD OF. Constitutional provisions (Sec. 124), 1689. PARKER, GEORGE H., (Cullman), 4, 1780, 1782. Ordinance 150, to amend Art. II, Constitution, 119. Resolution 74, to provide clerk for the Committee on Local Legislation, 126. Report of Committee on State and County Boundaries as to annexation of West Florida, 447. Report of Committee on State and County Boundaries, 448. 1850 INDEX. PARKER, JOHN H. (Elmore), 5, 1780, 1783. Resolution 74, relates to annexation of West Florida, 126. Resolution 112, relates to right of General Assembly to regu- late sale, etc. of spirituous liquors, 163. Ordinance 273, to amend Art. XVI, Constitution, 175. Ordinance 371, to amend Sec. 17, Art. VI, Constitution, 259. Resolution 181, relating to repeal of Fifteenth Amendment to Federal Constitution, 381. Minority report from Committee on State and County Boun- daries, 451. Resolution 212, to extend the privilege of the floor to J. J. Sullivan, 525. Ordinance 458, relating to revoking the licenses of teachers, 1381. Resolution 317, extending thanks and expression of appre- ciation to Thomas W. Coleman, 1428. PEARCE, .JAMES P., 5, 1780, 1783. Ordinance 151, to amend Sec. 4, Art. XI, Constitution, 120. Ordinance 327, providing that after the adoption of the Con- stitution no person learned in the law shall be eligible to hold any office under the State except of a judicial nature, 203. PETITIONS. No. 1 — From Commissioners' Court of Morgan county, 299. No. 2 — From Willis E. Steers in reference to the treatment of the negro race under new Constitution, 308. iNO. 3 — In reference to trusts, 312. No. 4 — In relation to election of Railroad Commissioners by the people, 446. PETTUS, SENATOR E. W. Privileges of floor extended, 42. PETTUS, ^RLE, 5, 1780, 1785. Resolution declaring that Convention be governed by Act of General Assembly providing for Convention, 42. Ordinance 1^2, to disfranchise negroes, and persons of Afri- can descent in the State of Alabama, 120. Resolution 83, relating to reading of ordinances by title only, 136, 182, 186. Ordinance 206, to establish courts of County Commissioners, etc., 153. INDEX. 1851 Resolution 138, to reduce the tax rate, 236. Ordinance 382, to prevent and prohibit intermarriage of negroes and whites, 306. Minority report from Committee on Education, 731. Resolution 316, concerning eligibility to office, 1428, 1477. Resolution 327, to, fix the hour of adjournment, 1554. Resolution 343, extends thanks to W. F. Herbert, assistant secretary, 1659. PHILLIPS, E. A., 5, 1780, 1784. Ordinance 36, to define county boundaries, 88. PILLANS, HARRY," 5, 1780, 1785. Ordinance 88, to amend Art. 1. Declaration of Rights, relat- ing to prohibition of flogging convicts, 88. Ordinance 153, to amend Art. VI of Constitution, 120. Ordinance 154, to amend Sec. 12, Art. V, Constitution, 120. Ordinance 309, relating to the suffrage, 193. Resolution 254, to extend privileges of the floor to John H. Bankhead, 846. PITTS, P. H., 5, 1780, 1783. Ordinance 239, to fill vacancies in county offices by the Court of County Commissioners, 171. Report of Committee on Representation, 493. Question of privilege, 1225. POINTS OF ORDER, BY MESSRS. Ashcraft, 1216; Bulger, 151; Burns, 241; Cofer, 202, 896; Cun- ningham, 31, 42; deGraffenried, 245; Fitts, 24; Graham (Talladega), 1275, 1278; Greer (Calhoun), 897; Harrison, 246; Heflin (Chambers), 902; Hood, 1296; Lowe (Jefferson), ■ 29, 1297; Gates, 246; O'Neal (Lauderdale), 1192; Pettus, 285; Reese, 263; Sanford, 52; Weatherly, 101; White. 183; Willett, 129, 132; Wilson (Clarke), 401, 801. POLL TAX. Constitutional provisions, 1706, 1716, 1734. POOLE, R. D. Privileges of floor extended, 1275. PORTER, JOHN H., 5, 1780, 1784. Ordinance 335, to repeal Sec. 7, Art. VIII, Constitution, 210. POWELL, D. M. Privileges of floor extended, 1353. 1852 INDEX. POWERS. Distribution of, (Sees. 42-43), 1670. PRATT CITY, TOWN OF, 1185. 1318, 1723. PRAYERS OFFERED. Resolution of thanks for, to clergy, 1659. By Rev. Mr. Anderson, Neal L., 52, 77, 91. 109, 129. By Mr. Ashcraft, John T., 1287. 1350, 1376, 1754. By Mr. Ashcraft, John T., 1287. By Rev. Mr. Bancroft, 1638. By Rev. Mr. Browne, 156. By Rev. Dix, L. D., 660, 678, 699. 720. By Rev. Mr. Elliott, 204, 423, 441. By Rev. Gay, Wm. D., 234, 253, 282. By Rev. Howell, W. P.. 227, 402, 639, 748, 899, 1005, 1104. 1328. By Rev. Lamar, A. J., 460, 507, 522, 1038. By Rev. McDaniel, C. B., 758, 772, 802, 843, 861. By Rev. Mr. Marshall. 983, 989, 1065, 1086, 1425. 1471. 1499, 1551, 1599, 1655. By Rabbi Messing, Jr., 1123. By Rev. Murphy, Edwara G., 294, 303, 320, 339. 356, 377. tsy Rev. Patterson, G. W., 541, 551, 576, 600, 622. By Rev. Provence, H. W., 148, 178, 196. By Rev Mr. Shores, 979. By Rev. Mr. Stickney, 242. By Rev. Stakeley, Charles A., 249. PREAMBLE OF CONSTITUTION, 1663. PREAMBLE AND DECLARATION OF RIGHTS, COMMITTEE ON. Report of committee, 359. Article proposed by, 362. Minority reports, 367, 369. Consideration of report, 620. 628, 643, 652. Reconsideraton of certain sections proposed, 644. Engrossment ordereci, 660. Third reading. 785. PRESIDENT OF THE CONVENTION. John B. Knox elected, 8. Resolution of thanks, 1658. INDEX. 1853 PRINTING OF SPEECHES, 981, 985, 988. Inaugural address of Mr. Knox, 22. Speech by Mr. Coleman, 954. Remarks by Mr. Knox, 976. Speech of Dr. Cunningham, 983. PRIVILEGE, QUESTION OF. Ashcraft, 80; Beddow, 807, 1043; Brooks, 483, 1275; Burns, 1640; Carmichael (Coffee), 1216; Case. 29, 1640; Coleman (Greene) 847; Craig, 1640; Davis (Etowah), 1209; Dent, 913; Greer (Calhoun; 1601; Harrison, 1640; Heflin (Cham- bers), 650, 1330, 1344; Jones (Montgomery), 302, 6&1. 847; Lomax, 939; Long (Walker). 285, 297, 305, 1289, 1299, \420; Murphree, 1470; O'Neal (Lauderdale), 702, 738, 1225, 1289; Opp, 1275; Pitts, 1225; Reese, 991; Rogers (Sumter). 1601; Samford, 1068; Sanford, 180; Sentell, 847; Smith (Mobile) 737; Waddell, 1330; Walker, 1420; Watts, 866; Williams (Marengo), 703. PRIVILEGES OF THE FLOOR, EXTENDED TO. Alexander, Ex-Senator, 1068; Anderson, J. C, 1479; Arnold, J. J., 298; Baldwin, M. M.. 1379; Bankhead, J. H., 846; Ben- ners, H., 1043; Bowie, S. J., 945; Clarke, R. H., 285; Doster, H. S., 1379; Greene, D. F., 1379; Harwood, Bernard, 663; Herbert, Hilary A., 463; Hilliard, W. J., 1043; Hipp, R. L., 991; Huey, — , 1420; Huey, Vann, 1043; Huffman, T. Y.. 1068; Inzer, John W., 1654; Jelks, Gov. Wm. D., 287; Jones, J. F., 1106; Kennedy, T. L., 1420; Little, John D., 723; Liv- ingston, H. A. 1330; Ministers of the Gospel, 298; Morgan, John T., 42; Niller, B. S., 723; Pettus, Edmund W., 42; Poole, R. D., 1273; Richardson, William, 154; Rob- inson. E. M., 287; Scott, S. S., 622; Taylor. Thomas, 154; Thompson, C. W.. 1216; Troup. L. P., 1654; Turpin, Louis W., 1115; Waller, Charles E., 287; Wheeler, Joseph, 31; Whitson, C. C, 1379; Wood, John B.. 1043; Wood, J. R.. 1043. PROCTOR, JOHN F., 5, 1780, 1784. Resolution 76, to dispense with daily reading of Journal, 126, 134. Resolution 77, to provide a clerk for Journal Committee, 127, 158. Resolution 136, regulates leaves of absence, 209, 259. Minority report from Committee on Corporations, 968. 1854 INDEX. PROTEST. By Mr. Lowe (Jefferson), 999. PUGH, JAMES L. Resolution of sympathy, 775. QUADRENNIAL SESSIONS OF THE LEGISLATURE, 1672. RAILROAD AND CANALS, 972,. 1730. RAILROAD COMMISSIONERS. Petitions in lavor of election by the people, 446, 604. READING CLERK. Resolution to create office adopted, 95, 96. Resolution of thanks, 916. RECESS OF CONVENTION. To permit Committee on Order, etc., to prepare its report, 1467. RECOMMITTAL OF ORDINANCES, 230, 237, 288, 37i, 379, 446, 1137, 1379, 1468. RECORDS OF CONVENTION. Ordinance for preservation of, 604, 1153, 1749. REESE, HENRY FONTAINE, 4, 1781, 1784. Resolution to submit new Constitution to people for ratifi- cation, 39. Ordinance 155, to provide for election of Railroad Commis- sioners, and convict inspectors, 120. Ordinance 156, relating to Art. V, Constitution, 120. Resolution 34, to number pages of stenographic report, 82, 132. Resolution 35, to prohibit change of basis of repres«ntation, 82. Resolution 36, relating to exempt property, 82. Resolution 78, to reform Judicial administration of the Jus- tice of the Peace system, 127. Resolution 7ij, to fix the salaries of the Justices of the Supreme Court, 127. Resolution 80, to amend the rules as to consideration, 127, 134. Resolution 98, to extend privileges of floor to Gov. W. J. Sam- ford. 151. Resolution 146. in reference to absentees, 268, 300. Ordinance 392, to add a section to article on Executive De- partment, 371. Resolution 205, relating to suspension of roll call for intro- duction of ordinances, 512, 584. INDEX. 1855 Resolution 222, to consider report of Committee on Suffrage and Election, 603. Ordinance 410, to empower court to exclude certain persons from court room in prosecutions for rape, etc., 604, 1291, 1446. Ordinance 411, requiring Legislature to enact penal statutes to suppress evil habit of using obscene and profane lang- uage in the hearing of children, 604. Resolution 247, extending sympathy to Hon. James L. Pugh in his sickness, 775. Ordinance 442, to amend Sec. 18, Article on Suffrage and Elections, 1107. Resolution 325, to fix hour of adjournment, 1523. Resolution 330, to revoke all leaves of absence, 1154, 1605. RENFRO, N. .P., 4, 1781, 1785. Resolution 209, to refer certain amendments to Judiciary Committee, 524. REPRESENTATION. Constitutional provisions (Sees. 197-203), 1717. REPRESENTATION, COMMITTEE ON. Report of committee, 493. Article ordered printed, 493. Article proposed, 494. Minority report, 496. Consideration of report, 1235. Reconsideration of sundry sections proposed, 1239. Engrossment ordered, 1239. Third reading, 1312. REPRESENTATIVES IN THE LEGISLATURE. Constitutional provisions, 1671, 1672, 1673, 1674. | RESOLUTIONS (Numerically arranged). No. 1, to complete organization of Convention, 22. No. 2, to appoint Committee on Rules, 22, 30. No. 3, to refer resolutions without debate, 22. To assign seats to delegates, 23, 30. To appoint committee to report on advisability of con- tracting with a stenographer, 23, 30. To defer action on propositions to amend Constitution until committees are appointed, 23. To appoint committee to invite clergymen to open sessions of Convention with religious services, 23, 30. 1856 INDEX. To regulate the drawing of seats. 29. To permit certain delegates to select their seats, 29. To extena privileges of the floor to Gen. Joseph Wheeler, 31. No. 11, to regulate the hour of adjournment, 32, 107. No. 12, to print address of President John B. Knox, 32, 107. No. 13, to appoint standing committees, 32. No. 14, to provide for a compilation of suffrage provisions in various State Constitutions, 35, 108. No. 15, to define those entitled to floor of Convention hall, 39. 107. To provide for printing Democratic platform, 39. To provide for printing 500 cop.es of present Constitu- tion, 39. To submit new Constitution to the people for ratifica- tion, 39. To declare sense of Convention that pledges of Demo- cratic Convention should be kept, 40. To fix time of adjournment, 42. To declare that in its actions the Convention be gov- erned by act of General Assembly providing for the Convention, 42. To test accuracy of reports made by stenographers, 51. To print names of members of committees in pamphlet containing rules, 69. No. 22, to declare sense of Convention on education, 73, 154. To extend invitation to Dr. J. L. M. Curry to address Convention on public education, 73. No. 23, to declare sense of Convention as to rate of taxation, 73, 414. No. 24, to declare sense of Convention that rate of taxation shall not be increased, 74. No. 25, to direct Secretary to preserve copies of stenographic report for deposit with Secretary of State, 74, 233, 234. No. 26, to direct official stenographer to deposit 250 copies of official report with the Secretary of State, 74. No. 27, to provide that seat of government shall not be re- moved, 74. No. 28, to base representation on population, 75. No. 29, to fix time of meeting and adjournment, 81. No. 30, to prohibit enlargement of powers of corporations. 81 INDEX. 1857 No. 31, to regulate levy and distribution of school tax, 81. No. 32, to provide bank examiners, 82. No. 33, to provide for and regulate local school districts, 82. No. 34, to provide for numbering pages of the stenographic report, 82, 132. No. 35, to prohibit change of basis of representatioa, 82. No. 36, to proaibit change of Constitutional provisions as to exempt property, 83. No. 37, to provide quadrennial elections of Representatives, and quadrennial sessions of Legislature, 83. No. 38, to regulate distribution of school funds, 83. No. 39, to regulate suffrage and taxation, prohibit removal of State Capitol, and prohibit enlargement of powers of corporations, 83. No. 42, to print 300 copies of the Bill of Rights of Constitu- tion, 94, 132. 1.0. 42, (sic), relating to educatiom, 94. No. 43, to authorize President of the Convention to appoint two shorthand reporters, 95. No. 44, to create ofRce of reading clerk, 95, 96. No. 45, relates lo qualifications for suffrage, 96, 112. INC. 46, to instruct Secretary of State to furnish copies of Codes to members, 96, 97. inO. 47, to levy a tax on dogs, 97. No. 48, relates tO removal of county sites, 97. No. 49, relates to local legislation, 97. No. 50, to print 500 copies of present Constitution, 97, 134. No. 51, to fix the interest- rate, 98. No. 52, to establish a Railroad Commission, 98. No. 53, to regulate office holding, 98. No. 54, relates to office of Governor, 99. No. 55, relates to mileage of members of the General Assem- bly, 99. No. 56, relates to amendment of Sec. 30, of Declaration of Rights, 99. No. 57, relates to taxation, 99. No. 58, relates to exemptions, 99. No. 59, relates to State bonded indebtedness, 100. No. 60, relates to correction of errors in stenographic report, 112. 117 1858 INDEX. No. 61, declaring the purpose of the Convention on certain questions, 12i. No. 62, refers to State colleges and institutions, 122 . No. 63, refers to representation, 122.. No. 64. relates to suffrage, 123. No. 65, pelates to free passes, 123. No. 66, relates to the establishment of a board of arbitra- tion, 123. No. 67, relates to the distribution of taxes and public funds, 123. No. 68, to prevent Legislative lobbying, 124. No. 69, relates to suffrage reform, 124. No. 70, fixing the time for holding general elections, 124. No. 71, to adopt the present Constitution of Alabama, by this Convention, subject to such revisions and amendments irf any article, or part thereof, aj this. Convention may here- after determine, 125, 133, 134, 135, 154. No. 72, relates to work of clerks of coromittees, 125. No. 7 3, fixing the date for adjournment, 125. No. 74, to provide a clerk for the Committee on Local Legi-,- lation, 126. No. 75, relates to annexation of West Florida, 126, 447 No. 76, to dispense with daily reading of the Journal, 127, 134. No. 77, to preside a clerk for Journal Committee, 127. No. 78, to reform Judicial administration of the Justice of the Peace system, 127. No. 79, to fix the salaries of the Justices of the Supreme Court, 127. No. 80 ,to amend the rules as to reconsideration. 127, 134. No. 81, relates to ante-election pledges of the Democratic plat- form, 128. No. 82, declaring that present Constitution shall be the basis for action by the Convention, 128, 133. No. 83, relates to the reading of ordinances by title only, 136, 182, 186. No. 84, relates to the introduction of resolutions and ordi- nances, 136. No. 85, relates to contents of resolutions and ordinances, 136. 154. No. 86, directing cancellation of contract for stenographic report, 137, 146, 181, 183, 185. INDEX. 1859 No. 87, relates to order of introduction of ordinances, 137, 182, 186. No. 88, relates to terms of county officials, 137. No. 89, relates to passage of stock laws, 137. No. 90, relates to marriage after divorce, 138. No. 91, relates to binding force on Convention of certain sec- tions of act calling same, 138. No. 92, to fix time for the introduction of ordinances, 138. No. 93, to appoint a special committee to be known as Pen- sions Committee for Confederate Soldiers, 139. No. 94, to appoint further standing committees, 139. No. 95, to authorize Secretary of Convention to purchase supplies, 139, 155. No. 96. relates to clerks of committees, 139. No. 97, relating to the forms of ordinances, 139, 182, 187. No. 98, to extend privileges of floor to Gov. W. J. Samford, 151. No. 99, to fix salary of Governor at not less than $5,00(i i No. 100, to suspend rule as to adjournment, lo^. No. 101, to provide for printing reports of committees, 152. 182, 187. No. 102, to regulate the introduction of ordinances, 152, 182, 187. No. 103. relates to the education of the negro, 159. No. 104, relates to delay in printing compilation of Suffrage provisions, etc. (resolution No. 14), 160. No. 105, to authorize Auditor to pay official stenographer, 161, 181, 186. No. 106, relates to compensation of judicial officers, 161. No. 107, relates to compensation of executive officers, 161. No. 108, relates to disfranchisement of the negro, 161. No. 109, concerning the quarantine and police power, 162. No. 110, relates to times of holding elections, 162. No. Ill, relates to poll tax qualifications for suffrage, 162. No. 112, relates to right of General Assembly to regulate sale, etc., of spirituous liquors, 163. No. 113. relates to payment of delegates to Convention, 163. No. 114, relates to the Great Seal of the State, 164. 207. No. 115, relates to a limitation upon the tax rate, 165. No. 116, to extend privileges of floor to certain persons named, 164, 1860 INDEX. No. 117, relates to government of State educational institu- tions, 188. No. 118, to provide for the payment of stationery and print- ing, etc., 189. No. 119, relates to the stenographic report, 189. No. 120, to reqwire yea and nay vote on all resolutions for the payment of money, 189, 240. No. 121, relates to payment of money from State treasury, 190. No. 122, concerning suffrage, 190. No. 123, to facilitate the work of the Convention, 200. No. 124, relates to leaves of absence, 200. No. 125, relates to reports of Committee on Rules, 201. No. 126, relates to the formation of counties, 201. No. 127, relates to ordinances reported adversely. 201. No. 128, to base representation in the General Assembly upon the voting population of the various counties of. the State, 201. No. 129, to authorize Committee on Legislative Department to employ a clerk, 202. No. 130, relates to ordinances reported adversely, 201. No. 131, relates to jurisdiction of Justices of the Peace. 20S. No. 132, requires Committee on Order, etc., to report all sec- tions of present Constitution not amended, etc., 208. No. 133, relates to reports of standing committees, 209. No. 134, expression of sympathy of the members of the Con- vention as to the health of Gov. W. J. Samfor(J, 209. No. 135, to abolish the office of State and County Back Tax Commissioners, 209. No. 136, regulates leave of absence, 209, 259. No. 137, regulates distribution of poll tax, 209. No. 138, to reduce the tax rate, 231. No. 139, relates to the printing of the Convention, 231. No. 140, provides that no poll tax or other privilege tax be required of voters, 231. No. 141, to amend subdivision 6, rule 22, 231, 260. No. 142, in reference to the death of Gov. W. J. Samford, 251. No. 143, in reference to the funeral of Gov. Samford, 255. No. 144. relates to the successor in office of Governor, 258. No. 145, to extend greetings to the Constitutional Convention of Virginia, 258. No. 146, in reference to absentees, 368, 300, 379, INDEX. 1861 No. 146 1-2, relates to daily sessions of Convention, 286. No. 147, to condemn certain editorial utterances of the Mont- gomery Advertiser, 286. No. 148, relates to adjournment, 287. No. 149, to extend privileges of the floor to certain persons named, 287. No. 150, to fix a time for consideration of report of Com- mittee on Taxation, 287, 300. No. 151, declaring sense of Convention as to salary of Gover- nor, 287, 351, 372. No. 152, to dispense with call for introduction of ordinances and resolutions, 287. No. 153, declaring the sense of Convention that no per diem be allowed any member in excess of fifty days, 297. No. 154, to condemn as unwise and unwarranted a certain editorial in the Montgomery Advertiser, 297. No. 155, to amend Rule eleven, 300. No. 156, to fix hour of adjournment, 301. No. 157, to extend privileges of floor only by unanimous vote, 301. No. 158, to extend thanks of the Convention to certain parties named for courtesies on the occasion of the funeral of Gov. Samford, 301. No. 159, declaring sense of Convention that present school appropriations and taxes shall not be reduced, 307. No. 160, extending sympathy of Convention to Frank N. .Jul- ian, Secretary, for loss of his brother, 307. No. 161, relates to suspension of rules, 307. No. 162, relates to motions to table and for previous ques- tion, 307. No. 163, declaring sense of the Convention that all officers be elected by the people, 307. No. 164, to refer certain petitions, etc., without reading, 308. No. 165, to fix time for daily sessions. 308. No. 166, to limit speeches to five minutes, 308, 440, 553. No. 167. to appoint committee to prepare an address to the people on the new Constitution, 323. No. 168, relates to binding laws of the General Assembly, 323, 545. No. 169, to provide an index for the stenographic report, 323, 587, 1196. 1862 INDEX. No. 170, welcome to the Alabama Press Association, 324. No. 171, extends greetings to Alabama Press Association, 341. No. 172, relates to repeal of the Fifteenth Amendment to the Federal Constitution, 369. No. 173, to provide a rule for the consideration of ordinances, etc., 370. No. 174, to amend Rule 17, 370. No. 175, to regulate leaves of absence, 370. No. 176, to fix time for consideration of report of Committee on Preamble, etc., 370. No. 177, to limit the time of members in debate, 380. No. 178, to instruct Suffrage Committee to report, 380. No. 179, to fix time of daily sessions of the Convention, 381. No. 180, relates to educational needs, 381. No. 181, relates to repeal of Fifteenth Amendment to Fed- eral Constitution, 381. No. 182, to make report of Committee on Local Legislation a special order, 382. No. 183, to regulate the number and length of time of speeches of members, 382. No. 184, absentees, except on leave for sickness, not to be al- lowed pay, 382, 579, 585, 641. No. 185, relates to numbering sections of engrossed ordinance on Executive Department, 405. No. 186, relates to afternoon sessions of Convention, 405. No. 187, to regulate order of consideration of proposed arti- cles, 426. No. 188, to provide for printing and binding the Journal of the Convention, 426, 1041, 1153, 1156. No. 189, correction of errors in stenographic report, 426. No. 190, relates to amendments of committee reports, 426. No. 191, relates to engrossment of ordinances, 444. No. 192, to amend Rule 36, 444, 588. No. 193, to incorporate an additional article in Constitution, 444. No. 194, to reduce fertilizer tax, 445, 974, 1106, 1144, 1151. No. 195, authorizing the engrossing and enrolling clerk to employ assistance, 463, 908, 1068. No. 196, to extend privileges of floor to Hilary A. Herbert, 463. No. 197, to pay for stenographic work, 463. INDEX. 1863 No. 198, greeting from the people of Alal)ama to the people of Cuba, 4o4. No. 199. to lix rate of payment for extra clerical assistance of engrossing and enrolling clerk, 464, 908, 1068. No. 200, to strike out Sec. 30, of Article on Executive Depart- ment, 510, 605. No. 201, to regulate the consideration of reports of com- mittees, 510. No. 202. to reguiate afternoon sessions, 511. No. 203, to regulate daily sessions, 511. No. 204, to limit time for speeches, 511. No. 205, relates to suspension of roll call for introduction of ordinances, etc., 512, 584. No. 206, to lim.. length of speeches. 512. No. 207, to fix time for adjournment, 524. No. 208, to limit the length of time for speeches, 524, 585. No. 209. to refer certain amendments to Judiciary Commit- tee, 525. No. 210. to dispense with afternoon sessions. 525. No. 211, to reduce the fertilizer tax, 525. No. 212, to extend privileges of floor to J. J. Sullivan, 525. No. 213, to fix a time for consideration of the report of the Committee on Suffrage, 543, 683. No. 214, relates to tax on fertilizers, 544. No. 215, extending congratulations to E. D. Willett on his marriage, uo4. No. 216, to fix hours of the Convention, 555. No. 217, to order Article on Executive Department to a third reading. 556. No. 218, to observe Fourth of July by adjournment. 580. No. 219, to instruct Committee on Schedule, Printing and Incidental Expenses to employ union labor, 579, 761. No. 220, to repeal resolution No. 184, 579. No. 221, to adjourn for the Fourth of July, 599. No. 222, to consider the report of the Committee on Suffrage and Elections, 603. No. 223, to punish vagrancy, 603, 975. No. 224, to fix hour for consideration of report of Committee on Suffrage and Elections, 603. No. 225, to fix hour of adjourament, 625. No. 226, to place two additional fans in the hall, 625. No. 227, relates to leaves of absence, 625. 1864 INDEX. No. 228, to appoint a Committee on Engrossment, 625, 683, 744. No. 229, to print 300 copies of the articles of the Constitu- tion after they have been adopted, 626, 683. No. 230. to preserve copies of the stenographic report for certain State educational institutions, 626, 1650. No. 231, to reconsider resolution No. 184, 641. No. 323, to extend privilege of floor to Bernard Harwood, 663. No. 233, to set apai-t certain time for speeches of members of the Convention, 671. No. 234, to hold evening sessions, 681. No. 235, relates to reduction of expenses, 681. No. 236, relates to powers of municipal corporations to create debts, 681. No. 237, to dispense with certain committee clerks, 681, 705. 744. No. 238, to uischarge five pages, 713. No. 239, to expedite the business of the Convention, 713. No. 240, to place four additional fans in the hall, 723. No. 241, to extend privileges of floor to certain persons named. 723. No. 242, to regulate the official stenographers, 750. No. 243, to discontinue the stenographic report, 751. No. 244, to require pairs to be in writing, 751. No. 245, relates to the free discussion in open Convention of all matters coming up for attention, 760. No. 246, to reduce the tag tax, 775, 1386, 1415. No. 247, extends sympathy to Hon. James L. Pugh in his sick- ness, 775. No. 248, to fix time for consideration of report on Suffrage and Elections, 775. No. 249, to regulate motions to reconsider. 804. No. 250 ,to regulate motions to lay on table and calls for the previous question, 804. No. 251, to adjourn the Convention from Montgomery to Bellevue Hotel, near Gadsden, 846. No. 252, to render thanks to God for the welcome and copious showers of rain, 846. No. 253, to regulate length of speeches, 847. No. 254, to extend privileges of floor to John H. Bankhead, 846. INDEX. 1865 No. 255, to remove all limit on debate on the report of the Committee on Suffrage and Elections, 865. No. 256, in relation to the pay of members, 889. No. 257, for final adjournment, 902. No. 258, relates to expenses of the Convention, 903. No. 259, to instruct Committee on Corporations to report, 903. No. 260, to fix the hour of adjournment, 905. No. 261, to direct Secretary to procure a copy of the opinion of the Attorney General as to the right of the Convention to appropriate pay to its members beyond the time fixed in the enabling act, 905. No. 262, relates to the use of free passes, 906. No. 263, to regulate per diem of members after expiration of the fifty days' limit, 915. No. 264, to change Rule 36, 916. No. 265, to extend thanks to Secretary and Reading Clerk for able service. 916. No. 266, to grant leave of absence to Capt. John F. Burns, 939. No. 267, providing special rule for the consideration of report of Committee on Suffrage and Elections, 942. No. 268, to print 1,000 copies of speech of T. W. Coleman, 954. No. 269, to provide that electors may express by ballot then- choice for United States Senators, 954, 975. No. 270, to print 5,000 copies of speech of John B. Knox, 976. No. 270 (sic.) to print 3,000 copies of speech of Gregory L. Smith, 981. No. 271, to print 5,000 copies of speeches of Messrs. Dates, White and Jones, 981. No. 272, to fix hour of adjournment, 981. No. 273. to print 5,000 copies each of the speeches oi Messrs. Gates, Harrison, White, Dent and Jones in pamphlet form, 985. No. 274, to limit length of speeches, 986. i>o. 275, to print 5,000 copies of speech of Mr. Sollie, 988. No. 276, to fix time of future daily sessions, 991. No. 277, to appoint special committee to ascertain cause of de- lay and confusion in delivery and distribution of mails, 1007. No. 278, to instruct Secretary to purchase necessary parch- ment for enrolling the Constitution, 1007. No. 279, to regulate time of length of speeches, 1008. No. 280, to regulate registration, 1008. iNO. 281, to fix a day for final adjournment, 1041. 1866 INDEX. No. 282, to print stenographic report of the first three days' proceedings of the Convention, 1041, 1395. No. 283, to authorize Secretary to employ a competent person to enroll Constitution on parchment, 1067. No. 284, to amend Sec. 29 of Article on Judiciary, 1088. No. 285, to extend sympathy of Convention to Thomas G. Jones on the tragic death of his daughter, 1106. No. 286, to prohibit leaves of absence except for sickness, 1126. No. 287, relates to the distinction between grand and petit larceny, 1126. No. 288, relates to service of the Montgomery Street Railway, 1147. No. 289, relates to Sec. 28 of Article on the Judiciary, 1170. No. 290, to rescind Rule 43, 1194. No. 291. relates to petitions received by the Convention pro- testing against the pass evil, 1195. No. 292, to fix hour of adjournment, 1226. No. 293, to print stenographic report of the first three days' proceedings of the Convention, 1245, 1395. No. 294, providing for a recess of the Convention, 1245. No. 295, to prevent bastards from voting, 1245. No. 296, to fine absentees. 1275. No. 297, relates to election of Solicitors, 1290. No. 298, to instruct enrolling and engrossing clerk to employ an assistant, 1292. No. 299, relates to introduction of ordinances, etc., 1331. No. 300, relates to free pass evil, 1331. No. 301, to print Constitution in pamphlet form. 1332, 1653. No. 302, relates to afternoon sessions of Convention, 1332. No. 303, relates to election of Solicitors, 1332. No. 304, in reference to taking the Article on Judiciary from the table, 1352, 1357. No. 305, to reduce the expenses of the Convention, 1352. No. 306, to withdraw ordinance 429, relating to quadrennial sessions of the Legislature from the Committee on Legis- lative Department, 1353. No. 307, to extend privileges of the floor to Hon, G. W. Taylor and to Hon. O. W. Underwood, 1353. No. 308, to extend privileges of the floor to D. M. Powell, 1353. No. 309, to extend the sympathy of the Convention to Messrs. INDEX. 1867 A. H. and M. S. Carmichael on the death of their brother, 1353. No. 310, to fix hour of adjournment, 1379. No. 311, relates to delays in printing for Convention, 1380. No. 312, to prohibit bastards from voting. No. 313, to extend sympathy of the Convention to Mr. Sollie on the death of his wife, 1414. No. 314. relates to election of Sheriffs, 1414, 1415. No. 315, to raise a special committee of five to report a plan to expedite the completion of the work of the Convention, 1436. No. 316, concerning eligibility to office, 1428, 1477. .Vo. 317, extending thanKS and expressions of appreciation to 'i'homas 'W. Coleman, delegate from Greene county, 1428. No. 318, tendering thanks to the Mobile Register and the Tus- kegee News for complimentary copies of those papers, 1429. No. 319, relates to introduction of amendments after recess of Convention, 1470, 1476. No. 320, to raise a committee of five to prepare an address to the people on the new Constitution, 1473, 1476. No. 321, providing an attestation clause, 1473. No. 322, to extend for two years the terms of officers whose terms of office expire in 1904, 1473, 1602. No. 323, to raise a committee on enrollment of Constitution on parchment, 1479, 1481. No. 324, to provide for taking steps to secure a fair election on the submission of the Constitution, and providing for a contest of the result, 1479. No. 325, to fix hour of adjournment, 1523. No. 325, {sic.) to continue in ofllce until 1906 all officers whose terms expire in 1904, 1553, 1577. No. 326, to allow mileage to the pages of the Convention, 1553. No. 327, to fix the hour of adjournment, 1554. No. 328, to allow mileage to the members of the Committee on Order, etc., 1554. 1606. No. 329, to fix the time of final adjournment, 1554. No. 330, to revoke all leaves of absence, 1554, 1605. No. 331, to fix hour of adjournment, 1601. No. 332, to print the old and new Constitutions in parallel columns, 1643. 1868 INDEX. No. 333, relates to securing a fair and honest election on the question of ratification of the Constitution, 1643. No. 334, providing for a roll call in order that absent dele- gates may have opportunity to record their votes for or against adoption of the Constitution, 1644. No. 335, providing for the signing of the Constitution by dele- gates on roll call, in alphabetical order, 1657. No. 336, extends thanks to John B. Knox for his distinguished services to the people of Alabama as President and member of the Convention, 1658. No. 337, tenders thanks to clerical force of the Convention, 1658. No. 338, tenders thanks to the stenographers of the Conven- tion, 1658. No. 339, tenders thanks to the ministers of the city for their faithful attendance and conducting religious services daily, 1658. No. 340, to instruct tlie Secretary to mail four copies of the stenographic report of the eighty-second day to each member of the Convention, 1659. No. 341, extends thanks to the ladies of the White House Asso- ciation, 1659. No. 342, extends thanks to the doorkeepers and pages, 1659. No. 343, extends thanks to W. F. Herbert, assistant Secretary, 1659. No. 344, to permit any delegate within ten days after adjourn- ment to sign the Constitution, 1659. REVENUE BILLS. Constitutional provisions, 1677. REYNOLDS, LEWIS H. (Chilton), 4, 1781, 1784. Resolution 88, relating to terms of county officials, 137. Resolution 89. relating to passage of stock laws, 137. Resolution 90, relating to marriage after divorce, 137. Ordinance 336, to regulate and control employment of chil- dren in factories, etc., 210. Ordinance 337, to amend Sec. 5, Art. VIH, Constitution, 210. Ordinance 338, to amend Sec. 2. Art. VIH, Constitution, 210. Ordinance 339, to amend Art. VIH, by adding Sees. 8 and 9, 211. Resolution 178, to instruct Suffrage Committee to report, 380. Ordinance 405, to prohibit newspaper representatives from accepting a free pa^s, 513. INDEX. 1869 Ordinance 430, to fix liability of stockholders in incorpor- ated banks, 916. Resolution 324. to provide for taking steps to secure a fair election of the Constitution, etc., 1479. REYNOLDS, R. J. (Henry), 5, 1781, 1784. RCHARDSON, WILLIAM. Privileges of floor extended, 154. RIGHTS, DECLARATION OF. Constitutional provisions, 1664. ROBINSON, EDWARD M. Privileges of floor extended, 287. ROBINSON. J. J., 5, 1781, 1783. Ordinance 39, to amend Sec. 1, Art. XIII, Constitution, 88. Ordinance 160, to amend Sec. 32, Art. IV, Constitution, 121. Ordinance 161. to amend Sec. 6, Art. XIII, Constitution, 121. Ordinance 260, to amend Sees. 1 and 3, Art. VIII, Constitu- tion, 174. Minority report from Committee on Impeachments, 709. Resolution 257, for final adjournment, 902. ROGERS, C. P. SR. (Lowndes), 5, 1781, 1783. Resolution to regulate the hour of adjournment, 32. Ordinance 266, to amend Sec. 1, Art. II, Constitution, 174. Ordinance 398, to amend Sec. 17, Art. XIV, Constitution, 427. Resolution 192, to amend rule 36, 444, 588. Resolution 210, to dispense with afternoon sessions, 525. Resolution 264. to change rule 36, 916. Resolution 301, to print Constitution in pamphlet form, 1332, 1653. Resolution 340, to instruct the Secretary to mail four copies of the stenographic report of the eighty-second day to each member of the Convention, 1659. ROGERS, JOHN A., (Sumter), 5, 1781, 1785. Resolution to provide for compilation of suffrage provisions in various State Constitutions, 35, 108. Resolution 81, relating to ante-election pledges of the Demo- cratic platform, 128. Resolution 104, relates to delay in printing compilation of suffrage provisions, 160. Ordinance 370, relates to the meeting of the Legislature, 258. Resolution 372, relates to the duty and powers of the joint 1870 INDEX. committee and the Speaker of the House in canvassing the returns of tne State elections, 285, 375. Ordinance 406 to limit amount ot tax on fertilizers, etc., 526. Minority report from Committee on Education, 731. Resolution 242, to regulate the official stenographers, 750. Question of privilege, 1601. ROLL CALL. Effort to dispense with, 129. ROUNTREE, J. A. Communication from Alabama Press Association, 359. RULES OF THE CONVENTION, INDEX TO. (Figures in parenthesis refer to the number of the rule, fol- lowed by the number of the page of the Journal). Absentees may be sent for (Rule 33), 62. No delegace to absent himself (39), 63. Adjourn, motion to, precedence of (25), 60. When in order (26), 61. Motion to fix the time to which to adjourn (25j, 60. Amendment, motion to amend, precedence of (25), 60. Blanks, filing, treated as (31), 62. Minority report, treated as (51), 67. Of rules (57), 69. Announcing the Vote (3), 55. Appeals from Decision of Chair. On points of order not debatable, exception (2-12), 55-7. Not to be put unless seconded (2), 55. Applause not permitted (20), 59. Ayes and Noes, on final adoption of article, etc (49). 66. Alphabetically called (34), 63. Inquiry as to question pending, call of (35). 63. When call for sustained (36). 63. Effect of tie on roll call (38), 63. Not visit Secretary's desk pending call of (15), 58. Blanks, filing of (31), 62. Business, Order of (22), 59. Calendar, President may order printed (5), 56. Call of the House, when may be made (33). 62. Call of delegates to order (12), 57. Chairmen of Committees (45-46), 65. Clerks of Committees, terms (7), 56. ' What committees entitled to (42), 65. INDEX. 1871 Commit, motion to, precedence of (25), 60. Committees, appointment of (41), 64. Clerlts of, terms (7), 56. What committees entitled to clerks (42). 65. Chairman of, President designates (45), 65. Temporary Chairman of (46), 65. Quorum, majority constitutes (41), 64. Not to sit during the session (44), 65. Recalling matters from (43), 65. Select and standing, precedence in motion to refer (29), 62. Standing Committees, list of (41), 64. Constitution, report of to Convention, how acted upon, (43), 65. Debate, no member to speak but once (14), 58. On appeal from decision on point of order (2), 55. Previous question, right to close on call of (17-18), 58. No delegate to speak longer than 30 minutes (14), 58. Not allowed on motion to adjourn (26), 61. Decorum in, generally (11-16), 57. Decorum in debate (11-15, 16), 57. In hall, during session (15), 58. Definition of "ordinance," "resolutions," as used in rules. (54). 68. Delegates, duties of, while Convention in session (15), 58. Calling of to order (12), 57. Signatures of, to Constitution (53), 56. Attendance required of (39), 63. Violation of rules by (12), 57. Right to inc^uire as to pending question during roll call, (35), 63. Required to vote on all questions (38), 63. Disorderly conduct, by delegate (12), 57. In lobby or gallery (21), 59. Division of Convention, after viva voce vote (13), 55. Of question (37), 63. Division of question (37), 63. Doorkeeper, duties of (10), 57. Engrossment, etc., of ordinances (52), 67. Of Constitution (53), 67. Explanation of vote (40), 64. Filling Blanks (40), 64. 1872 INDEX. Fix the time to which to adjourn, motion to precedence of (25), 60. Floor, how to obtain (.11), 57. Form of stating and putting questions (3), 55. Of previous question (17), 58. Gallery, disorderly conduct in (21), 59. Hall of Convention, in charge of doorkeeper (10), 57. Who entitled to privileges of (56), 68. House, call of the, when made (33), 62. Indecorum, leave to continue speaking after (12), 57. Indefinite postponement, precedence of (25), 60. Journal; kept by Secretary (8), 56. Article on section, with vote upon, to be spread upon (49), 66. Lay on the table, motion to, precedence of (25), 60. Leave, absence on (39), 63. Lobby, disordily conduct in (21), 59. Who entitled to privileges of (56), 68. Minority report, of committees (51), 67. Motions. Adjourn, fix time to which to, order of precedence (25), 60. Adjourn, order of precedence (25), 60. Table, to lay on, order of precedence (25), 60. Effect of motion to (32), 62. Previous question, for (17), 58. Order of precedence of (25), 60. Postponement to certain day, order of precedence of (25), 60. Commit, order of precedence of (25). 60. Amend, order of precedence of (25), 60. Indefinitely postpone, order of precedence of (25), 60. Appeal (2), 55. Blanks, filing of (31), 62. Divide the question (37), 63. Leave to withdraw motion (24), 60. Recommit (48), 66. Reconsider, when made and considered (27), 61. Order of precedence (30), 62. Special order to make (30), 62. Suspension of rules (55), 68. Withdrawal of motion (24), 60. INDEX. 1873 When to be in writing (23), 60. How to be stated and put (3-23), 55. Obtaining the Floor (13), 58. Ofticers of Convention; terms of (7), 56. Ordinances; to be signed by President (6), 56. Definition of (54), 68. Engrossment, etc. of (52), 67. Minority reports on (51), 6/. Title, form of ,etc. (50), 67. Recommitment of (48), 66. Introduction, etc. (47), 66. Consideration of (47), 66. Regisiter of (9), 56. Order, questions of, and call to (2), 55. Rights and duties of the President as to (2), 55. Of business (22), 56. Special (30), 62. Of precedence of motions (25), 60. Personalities, not to be indulged in (16), 50. Postpone to a certain time, precedence of (25), 60. Indefinitely, precedence of (25), 60. Precedence of motions (25), 60. President opens daily sessions (1), 55. General duties as presiding officer (2), 55. Questions, how put and decided (3), 55. Temporary, may designate (4), 55. Calendar, may order printed (5), 56. Signature of, to what required (6), 56. Lobby and gallery, may order cleared (2), 55. Previous question (17, 18, 25), 58, 59. Printing of Ordinances (47), 66. Putting questions, form of (3), 55. Questions, (see Form, Motions, Stating and Putting). How put and decided (3), 55. Division of (37), 63. Quorum, consists of majority (33), 62. Recalling maitters from committee (43), 65. Reconsider motion to, when made and considered (27), 61. Has precedence of special orders (30), 62. Refer (same as commit). Reports of committees, minority, how considered (51). 67, 118 1874 INDEX. Resolutions, referred to Rules Committee (28), 61. Definition of (54), 68. Roll call, on ayes and noes (34), 63. For introduction of resolutions, etc. (22), 59. Rules, suspension of (55), 68. Recission of (57), 69. Violation of, punished (57), 69. Sergeant at Arms (10), 57. Secretary, required to keep register (9), 56. Visiting desk of (15). 58. Duties of (8-9), 56. Journal, kept by (8), 56. Sessions of Convention, opening of daily (1), 55. Smoking, not allowed (19), 59. Speaking, rules of (2-14), 55-58. Sickness, absence on account of (39), 63. Of Chairman on account of (46), 65. Special orders (30), 62. Stating a question, form of (3), 55. Suspension of rules (55), 68. Table, motion to lay on (25), 60. Motion to lay on, effect of (not remove main question) (32), 62. Unfinished business, place in order of business (22), 59. Vote, announcement of (3). 55. Taken by ayes and noes, rules relating to (34, 35, 36. 38, 49). 63, 66. Every delegate required to (38), 63. Effect of tie (38), 63. Explanation of (40), 64. Final, on Constitution (53), Withdrawal of motion (24), 60. Yeas and Nays, voting by. When being called no delegate to visit Secretary's desk (15). 58. On final adoption of article, etc. (49), 66. Alphabetically called (34). 63. Inquiry as to question pending call (35), 63. When call for sustained (36), 63. Tie vote on call of, effect (38), 63. Secretary's desk while called, delegates nol to visit (15). 58. iNl)EX. 1875 ST. CLAIR COUNTY. Ordinance 390, providing for a court house and jail on south side of Back Bone Mountain, 326, 371. Report of committee on, 489. Considerationof ordinance 390, 1229, 1234, 1247, 1381. Engrossment ordered, 1234. Reconsideration, 1247. Ordinance 449, 1247, 1324, 1444. Third reading of ordinance 390, 1389. SAMFORD, WM. H., 5, 1781, 1783. Ordinance 40, to restrict the issuance of bonds by muni- cipal corporations, 88. Ordinance 41. to provide for the deposit of State funds in State banks, 88. Ordinance 162, to provide for the distribution of school funds, 121. Ordinance 328, to amend Sec. 21, Art. I, Constitution, 204. Resolution 246, to reduce the tag tax, 775, 1386. Ordinance 439, to amend Sec. 2, Ai'ticle on Suffrage and Elections in regard to the voting of ministers of the gos- pel, 1089. Resolution 286, to prohibit leaves of absence except for sick- ness, 1126. Resolution 298, to instruct enrolling and engrossing clerk to ^ employ an assistant, 1292. Resoluttion 321, to raise a committee of five to prepare an address to the people on the new Constitution, 1473, 1476. SAMFORD, GOV. WM. J. Resolution 134, expressive of sympathy for, 209. Resolution 142, in reference to the death of, 251. Committee to escort remains to Montgomery, 252. Remains to lie in state, 252. Convention to adjourn vi^hile remains lie in state, 252, 255. Delegates attend funeral, 255. SANDERS, W. T., 5, 1781, 1782. Ordinance 42, to amend Sec. 1, Art. X, Constitution, 89. Ordinance 43, to amend Sec. 2, Art. X, Constitution, 89. Ordinance 44, to amend Sec. 3, Art. X, Constitution, 89. Resolution 69, relating to suffrage reform, 124. Ordinance 163, to amend Art. VIII, Constitution, 140. Resolution 124, relates to leave of absence. 200. 1876 INDEX. Resolution 171, extends greetings to the Alabama Press As- sociation, 341. Motion to print 5,000 copies of speech of Dr. Cunningham, 983. Resolution 325, to continue in office until 1906 all officers whose terms expire in 1904, 1553. SANFORD, JOHN W. A., 5, 1781, 1785. Resolution to defer action on proposition to amend Constitu- tion until committees are appointed, 23. Ordinance 45, to prohibit a sentence for contempt of court, etc., without trial by jury, 89, 93. Ordinance 46, to establish Executive Department of Ala- bama, 89. Resolution 84, relating to the introduction of ordinances and resolutions, 136. Ordinance 164, to amend Sec. 54, Art. IV, Constitution, 140. Ordinance 165, to prohibit General Assembly from abolish- ing military system of education in the University of Ala- bama, and ihe Ala. Pol. Institute, 140. Ordinance 166, to amend Sec. 2, Art. I, Constitution, 140. Resolution 114, relates to Great Seal of the State, 164, 207. Ordinance 280, to establish a bureau of industrial resources, 177. Question of privilege, 180. Ordinance 310, to constitute the Governor, the Secretary of State, Auditor and Treasurer Railroad Commissioners, 193. Ordinance 311, to change the area of counties, 193. Ordinance 329, to strike out Sec. 35, Declaration of Rights, 204. Ordinance 340, to amend Sec. 31, Art. IV, Constitution, 211. Ordinance 349, to establish a Great Seal for Alabama, 233. Ordinance 360, to prohibit ownership of real estate by per- sons owing allegiance to foreign governments, 238. Ordinance 396, to prohibit lotteries, gift enterprises, etc., 405. Minority report from Committee on Municipal Corporations, 413. Ordinance 407, to authorize the General Assembly to amend the Constitution of the State, 526. Ordinance 422, to fix the liability of holdei-s of corporation stock, 847. Ordinance 432, authorizing the Legislature to construct a canal from the city of Birmingham to the Warrior River, 939. INDEX. 1877 Ordinance 433, to limit ownership of land by corporations, 939. Ordinance 450, to prohibit municipalities from granting a longer franchise than for fifty years, 1290. Ordinance 454, to repeal ithe part of Sec. 11, Article on Muni- cipal corporations, relating to Montgomery, 1333. Resolution 335, providing for the signing of the Constitution by delegates, on roll call, in alphabetical order, 1657. SCHEDULE. Of the new Constitution, 1743. SCHEDULE, PRINTING AND INCIDENTAL EXPENSES. COM- MITTEE ON. Reports from Committee on resolution 120, 240. Reports, 493, 588, 692, 761, 807, 982, 1041, 1126, 1234, 1356, 1449, 1644, 1652. 1749, 1751. Article of Constitution proposed by, 1450. Article of Constitution, engrossment ordered, 1454. Report on ordinance No. 415, 1481. Report on ordinance No. 459, 1577. Reconsideration, 1652, 1657. SCHOOL CENSUS. Constitutional provisions, 1737. SCHOOL FUNDS. Constitutional provisions, 1734. SCHOOLS, (see Education). SCOTT, S. S. Privileges of floor extended, 622. SEAL OF STATE. Ordinance 349, to establish a Great Seal of State, 233. Resolution appointing committee to design a Great Seal, 164, 180. Resolution reported without recommendation, and on a vote upon its adoption, defeated, 207-8. Section 22 of report of Committee on Executive Department, 224, 259. Considered in Convention, 327, 348. Final Constitutional provisions as to (133-184), 1694. SEARCY, GEORGE A.. 5, 1781, 1783. Resolution 105, to authorize Auditor to pay official steno- grapher, lol, 181. 186. Ordinance 243, to amend Sec. 5, Art. XI, Constitution, 172. Ordinance 244, relajtes to a depository of State funds. 172. SEAT OF GOVERNMENT ,(see Capital). SEATING DELEGATES, 23, 24, 25, 29, SO, 36. 18^8 Index. SECRETARY OF STATE. Stenographic reports to be deposited with, 74, 233, 234. Constitutional provisions, 1686. SELHEIMER, HENRY C, 5, 1781, 1784. Ordinance 167, to amend Sec. 29, Art. IV, Constitution, 140. Ordinance 168, to amend Sec. 13. Art. V, Constitution, 141. Ordinance 281, relating to the Judiciary, 176. Ordinance 282, to exclude from any limitation upon the in- debtedness of municipal corporations, obligations or bonds issued for street improvements, 176. SENATORIAL DISTRICTS, 1718. SENATORS. Constitutional provisions. 1671, 1672, 1673. SENTELL, J. O., 5, 1781, 1784. Ordinance 169, to amend Sec. 2, Art. X, Constitution, 141. Ordinance 238, relating to education, 176. Minority report from Committee on State and County Boun- daries, 452. Resolution 218, to observe Fourth of July by adjournment. 580. Resolution 227, relating to leaves of absence, 625. Resolution 274, to limit length of speeches, 986. SHEFFIELD, TOWN OF, 1167, 1213, 1727. SHELBY COUNTY, Ordinance 170, to declare null and void act of March 5, 1901, I'elating to county seat of, 141. Memorial in opposition to ordinance No. 170, 165. Report of Committee on State and County Boundaries, as to, 448. Ordinance 438, relates to removal of county seat, 1089. Provision to establish an additional court house and jail for Shelby county, 1231, 1247, 1324, 1444. Final constitutional provisions as to (Sec. 41), 1670. SHERIFFS. Constitutional' provisions, 1695. SHERIFFS', CLERKS' AND REGISTERS' ASSOCIATION. Memorial, 465. SLOAN, J. B., 5, 1781, 1784. Resolution x65, to fix time for daily sessions, 308. Resolution 302, relates to afternoon sessions of Convention, 1332. INDEX. 1879 SMITH, GREGORY i.., 5, 1781, 1783. Resolution to appoint Committee on Rules, 22. Question of privilege, 737. Reports of Committee on Rules, 107, 132, 154, 181, 207. 259, 300, 379, 440, 584, 683, 705, 847, 942. Ordinance 437, to exempt Confederate soldiers from taxation, 1088. SMITH. MAC. A., 5, 1781, 1784. Resolution 115, relates to a limitation upon the tax rate, 164. Ordinance 284, to amend Sec. 23, Art. IV, Constitution, 176. Ordinance 285, to prohibit the delegation of authority to levy taxes, 177. Ordinance 286, ito prevent the contracting of a debt beyond the revenues of the State to meet, 177. Ordinance 312, to amend Sec. 2, Art. XVII, Constitution, 193. Resolution 127, relates to ordinances reported adversely, 201. Ordinance 350, to amend Sec. 1, Art. XIV, Constitution, 233. Ordinance 361, to amend Sec. 25, Art. VI, Constitution, 238. Resolution 223, to punish vagrancy, 603. Minority report from committee on impeachment, 709. Motion to extend privileges of floor to H. A. Livingston, 1330. SMITH, MORGAN M., 5, 1781, 1782. Ordinance 171, to fix salary of Governor, 141. Ordinance 172, to amend Sec. 7, Art. X, Constitution, 141 . t Ordinance 173, to exempt cotton manufactories from taxation for ten years, 141. Ordinance 341, for equitable distribution of the surplus moneys arising from the sale of fertilizer tags, 211, 237. Resolution 211, to reduce the fertilizer tax, 525. SOLICITORS. Constitutional provisions, 1702. SOLLIE, MICHAEL, 5, 1781, 1782. Nomination of T. J. Fain as assistant doorkeeper, 22. Ordinance 174, declares only persons of white race eligible to hold office or serve as jurors in Alabama, 141. Ordinance 175, to amend Sec. 38, Art. I, Constituiion, 142. Ordinance 176, to confer right of suffrage on certain people, 142. Ordinance 207, to add Sec. 29 to Art. VI. Constitution, 153. Resolution 313, extending sympathy of Convention on the death of his wife, 1414. SORRELL, GEORGE A., 5, 1781, 1785. Ordinance 47, to amend Sec. 5, Art. IV, Constitution, 89. 1880 INDEX. SPEARS, N. B., 5, 1781, 1785. Ordinance 390, providing for a court house and jail on south side of Bac-. Bone Mountain in St. Clair county, 326, 371, 489. SPRAGINS, ROBERT E., 5, 1781, 1785. Ordinance 48, to amend Sec. 1, Art. XIII, Constitution, 89. Ordinance 49, to amend Sec. 2, Art. XI, Constitution, 89. STANDING COMMITTEES. List of, 33, 04. Names of members, 70, 72. Places of meeting. 111., STEERS, WILLIS E., (colored). Petition from, as to negro race, 308. STENOGRAPHIC REPORT. Resolution as to, 23, 30. Committee on, 30. Reports of Committee, 43, 46. Propositions submitted by bidders, 43, 44. Errors noted in, 80, 112, 198, 230, 358, 359, 425, 443, 465, 663, 684, 737, 775, 804, 847, 863, 915, 939, 955, 991, 1009, 1023, 1043, 1068, 1089, 1209, 1225, 1243, 1289, 1378, 1413, 1427. 1601, 1657. Resolution as to correction of errors, 112. Resolution 86, directing cancellation, 137, 146. Resolution 105, to authorise auditor to pay official stenegra- pher, 160. Resolution to require it to show day of week, etc., 177. Resolution 119, relates to printing same in pamphlet form, 189. Resolution to require copies deposited with Secretary of State, 74, 233, 234. To provide an index for, 323. Resolution 242, to regulate the official stenographer, 750. Resolution 243, to discontinue the stenographic report, 751 . Motion to expunge, 902. Ordinance 446, to provide for indexing stenographic report, 1196, 1454, 1468. Ordinance 447, to require secretary to supply each member of the Convention with a bound copy of the stenographic report, 1226. Resolutions 282 and 293, in reference to printing proceed- ings of three first days, 1041, 1245, 1395. INDEX. 1881 STEWART, J. H., 5, 1781, 1785. STUDDARD, 8. L., o, 1781, 1784. SUCCESSION IN THE OFFICE OF GOVERNOR. Constitutional provisions, 1691, 1693. SUFFRAGE AND ELECTIONS. Constitutional provisions (Sees. 177-196), 1706. SUFFRAGE AND ELECTIONS, COMMITTEE ON. Committee to sit during session, 207, 230, 237, 510. Resolution 178, to instruct committee to make report, 380. Report of committee on, 526. Minority report, 537. Article proposed, 527. Resolution 213, to fix time for consideration, 543. Resolution 267. providing special rule for the consideration of report of committee, 942. Consideration of report, 942, 945, 955, 961, 975, 978, 986, 992, 99V, 1023, 1030, 1054, 1069. Reconsideration of sundry sections proposed, 955, 1004, 1032, 1036, 1043. 1047. Substitute for entire article offered by Mr. Lowe, 1085, 1089. Engrossment ordered, 1098. Third reading, 1197. 5,000 copies of engrossed ordinance ordered printed, 1209. Ordinance 462, to provide for a separate election on the "grandfather clause," 1556. Report on first subdivision of Sec. 181, 1578. SULLIVAN, J. J. Privilege of floor extended, 525. SUPERINTENDENT OF EDUCATION. Constitutional provisions, 1686, 1735. SUPREME COURT LIBRARY. Stenographic reports to be deposited with, 234. TALLADEGA COUNTY. To provide for an additional court house, 1290. Ordinance recommitted, 1379. TAXATION. Constitutional provisions (Sees. 211-219), 1720. 1882 INDEX, TAYLOR, G. W. Privilege of floor extended, 1353. TAYLO-., THOMAS. Privileges of floor extended, 154. TAYLOB, W. H., 5, 1781, 1785. Ordinance 178, regulating appropriations, 142. Ordinance 179, relating to committees of General Assembly, 142. Ordinance 440, to amend the ordinance on State and County boundaries, 1107. THOMPSON, C. W. Privilege of floor extended, 1216. THOMPSON, J. F., 5, 1781, 1782. Resolution to regulate drawing of seats, 29. Ordinance 50, to amend Sec. 3, Art. VIII, Constitution, 90. Ordinance 51, to amend Sec. 8, Art. XIII, Constitution, 90. Ordinance 287, to amend Sec. 5, Art. XIII, Constitution, 177. Ordinance 288, to provide for the election of Solicitors and county officers, 177. Ordinance 400, to provide for a tax on collateral inheritances, 427. Minority report from Committee on Impeachments, 709. TREASURER, THE STATE. Constitutional provisions, 1686. TROUP, L. P. Privileges of floor extended, 1654. TROY, TOWN OF, 1180, 1183, 1319, 1723. TRUSTS. Petition against, 313. Constitutional provisions as to (Sec. 103), 1682. TUSCUMBIA, TOWN OF, 1167, 1213. 1727. TURPIN LOUIS W. Privileges' of floor extended, 1115. TUSKEGEE NEWS. Resolution of thanks, 1429. UNDERWOOD, OSCAR W. Privileges of floor extended, 1353. UNION LABOR. Resolution 219, to require Convention printing to be done by, 579, 761, 1388. INDEX. 1888 UNIVERSITY OF ALABAMA. Government of, 728, 730, 1336, 1337. Provisions as to annual interest on University funds, 1373. Constitutional provisions as to, 1735, 1736, 1737. VACANCY IN OFFICE. Constitutional provisions (Sec. 136). 1695. VAUGHAN, WAiKINS M., 5, 1781, 1782. Resolution 87, relating to order of introduction of ordi- nances, 137, 182, 186. Ordinance 181, to amend Sec. 27, Art. IV, Constitution, 142. Minority report from Committee on Executive Department, 216, 277. Resolution 176, to fix time for consideration of report of Com- mittee on Preamble, etc., 370. VETO POWER. Constitutional provisions, 1690. VIRGINIA CONSTITUTIONAL CONVENTION. Resolution ^45, to extend greetings, 258. Greetings to the Alabama Convention, 338. WADDELL, BOSWELL, DeG., 5, 1781, 1785. Ordinance 60, to provide for working the public roads of the State, 101. Ordinance 61, to give power to General Assembly to pass laws governing the gathering and marketing of larm produce raised in this State, 101. • Ordinance 292, to amend Art. VI, Constitution, 191. Resolution 200, to limit length of speeches, 512. Resolution 225, to fix hour of adjournment, 625. Resolution 283, to authorize Secretary to employ a compe- tent person to enroll Constitution on parchment, 1067. Question of privilege, 1330. Resolution 337, tenders thanks to clerical force of Conven- tion, 1658. WALKER, RICHARD W., 5, 1781, 1782. Permitted to select seat, 29. Ordinance 52, to regulate the mode of compensating the Clerk of the Supreme Court, 90. Ordinance 53, to amend Art. XVII, Constitution, 90. Ordinance 184, to fix the term of office of the Chief Justice and Associate Justices of Supreme Court, 143. Orclinance 185. to amend Sec. 17, Art. VI, Constitution, 143. 1884 INDEX. WALLER, CHARLES E. Privileges of floor extended, 287. WASHINGTON, BOOKER T., (colored). Memorial from.. 109. WATTS, THOMAS H. 5, 1781, 1785. Resolution declaring who entitled to floor of Convention, 39, 107. Resolution directing oflScial stenographer to deposit 250 copies of official report with Secretary of State, 74. Ordinance 54, to amend Sec. 23, Art. IV, Constitution, 90. Ordinance 55, relating to Suffrage and Elections, 90. Ordinance 159, to amend Art. VI, Constitution, 120. Ordinance 158, to amend Sees. 12, 13, 15, 25 and 26, Art. V, Constitution, 120. Ordinance 159, to amend Sees. 13, 15, 17, 27, 31, 39, 52 and 56, Art. IV, Constitution, 121. Resolution 101, to provide for printing reports of commit- tees, 152, 182, 187. Ordinance 277, to amend Art. Ill, Constitution, 176. Ordinance 278, to amend Sees. 11, 12, 13, 14, 15 and 21, Art. I, Constitution, 176. Ordinance 313, to amend See. 7, Art. XI, Constitution, 193. Ordinance 314, to amend See. 4, Art. XI, Constitution, 193. Ordinance 315, to amend Sees. 1, 2 and 7, Art. X, Constitu- tion, 194. Ordinance 316, to add a section to Art. X, Constitution. 191. Ordinance 317, relating to corporations, 194. Ordinance 318, to amend Art. VIII, Constitution, 194. Ordinance 330, to require the General Assembly to enlarge the Capitol grounds, 204. Ordinance 362, to amend Sec. 8, Art. XIV, Constitution, 239. Resolution 144, relates to the succession in office of Gover- nor, 259. Motion to table resolution condemning the Montgomery Ad- vertiser. 287. Resolution 196. to extend privileges of floor to Hilary A. Her- bert, 463. Question of privilege. 864. Resolution 341, extending thanks to ladies of White House As- sociation, 1659. INDEX. 1885 WEAKLEY, JOHN B., 5, 1781, 1785. Ordinance 186, to provide for the organization, classification and government of villages, towns and- cities, 143, 414. Ordinance 187, to permit municipalities having more than 2,000 inhabitants to establish Municipal Courts, 143. Ordinance 188, to limit indebtedness of municipal corpora- tions, 143. Ordinance 258, to amend Sec. 4. Art. XI, Constitution, 173. Ordinance 319, relating to the construction of street rail- ways, etc., 194. Report from Committee on Municipal Corporations, 194. Resolution 145, to extend greetings to the Constitutional Convention of Virginia, 258. Report from Committee on Municipal Corporations, 407. WEATHERLY. JAMES. 5. 1781. 1784. Resolution to permit certain delegates to select their seats, 29. Resolution 91, relating to binding force on Convention of certain sections of act calling same, 138. Resolution 336, extends thanks to John B. Knox for his dis- tinguished services to the people of Alabama as President and member of the Convention, 1658. TAXATION, COMMITTEE ON. Report of committee on, 268. Article proposed by, 270. Ordered printed, 268. Resolution to fix time to consider report, 287. Consideration of report, 422. 454, 457, 499, 502, 504, 511, 516, 540, 545, 547, 568, 571, 589, 598, 606, 612, 1213. Amendments to report, 616, 620. Supplemental report 848. Third reading, 1250. WEST FLORIDA. Annexation of, lz6, 447. Resolution to extend privilege of floor of Convention to J. J. Sullivan, of West Florida, 525. Ordinance 419, to provide for the issuance of bonds in the event of the annexation of any foreign territory to the State by purchase, 723. WHEELER. GEN. JOSEPH. Privileges of floor extended, 31. 1886 INDEX. WHITE, FRANK ^., 5, 1781, 1782. Remarks in opposition to motion of Mr. Long, 24. Ordinance 209, to regulate suffrage and elections, 15c! . Minority report. Committee on Suffrage and Elections, 537, 683, 992. Resolution 228, to appoint a Committee on Engrossment, 625. Resolution 229, to print 300 copies of the articles of the Con- stitution after they have been adopted, 626, 683. Resolution 311, relates to delays in printing for the Conven- tion, 1380. Ordinance 459, to pay certain claims therein named, 1480. Ordinance 460. to authorize the Legislature to revise, alter, amend, or repeal all ordinances, etc., adopted by the Con- vention, not incorporated in the Constitution, 1555. WHITESIDE, W. W.. 5, 1781, 1784. Ordinance 56. to fix the qualification of Superintendent of Education, 90. Ordinance 192, to repeal Sec. 38, Art. I. Constitution, 144. Ordinance 193, to amend Sec 56. Art. IV, Constitution, 144. Resolution 113, relates to payment of delegates to the Con- vention, 163. Ordinance 276, relating to municipal corporations, 176. Ordinance 391, to prevent discrimination in privilege taxes. 326. Ordinance 441, to amend Sec. 3. Art. II, Constitution, 1107. WHITSON, C. C. Privilege of floor extended, 1379. WILLETT. E. D.. 5. 1781, 1785. Ordinance 194, to require all officers authorized by the Con- stitution to be elected by the people, 144. Ordinance 195, to make the directors of insolvent corporations trustees of the assets of said corporation for the benefit of all creditors, 144. Resolution 215, by Mr. Cobb, extending congratulations of Convention on his marriage, 554. WILLIAMS, A. E. (Elmore), 5, 1781. 1784. Resolution 93, to appoint a special committee to be known as Pensions Committee for Confederate soldiers, 138. Resolution 94, to appoint further standing committees. 139. Ordinance 201, to prohibit any change in Preamble and Art. I, of Constitution, 145. INDEX. 1887 Resolution 101, relates to representation, 201 . Resolution 137, relates to distribution of poll .ax, 209. Resolution 140, provides that no poll tax or other privilege tax be required of voters, 231 . Resolution 282, to print the stenographic report of the first three days' proceedings of the Convention, 1041. Resolution 293, same, 1245. , WILLIAMS, GESNER (Marengo), 5, 1781, 1785. Ordinance 57, to abolish Justice of the Peace offices in towns, villages and cities, 90. Ordinance 147, to regulate the powers of corporations, 119. Ordinance 148, to prohibit the State of Alabama from engag- ing in certain business, 119. Ordinance 149, to provide for jury trials, 119. Resolution 73, fixing date for adjournment, 125. Resolution 117, relates to government of State educational institutions, 188. Ordinance 331, to regulate the conveying of homesteads, exe- cutory contract, 204. Ordinance 363, relates to exemption from taxation, 239. Ordinance 381, to establish a whipping post, 306. Resolution 169, to provide an index for the stenographic re- port, 323, 587. Resolution 232, to extend privilege of floor to Bernard Har- • mond, 663. Motion on report of Committee on Reduction of Expenses, 778. Resolution 249, to regulate motions to reconsider, 804. Resolution 270, to print 3,000 copies of speech of Gregory L. Smith, 981. " Ordinance 434, relating to the voting of transients, 986. Resolution 284, to amend Sec. 29, Article on Judiciary, 1088. Ordinance 438, relates to removal of county seat of Shelby County, 1089. Ordinance 443, to make Solicitors ineligible to succeed them- selves, 1148. Ordinance 446, to provide for indexing the stenographic re- port, 1196, 1454. Resolution 292, to fix hour of adjournment, 1226. WILLIAMS, JERE N., 5, 1781, 1782. Minority report from Committee on Education, 731. 1888 INDEX. WILSON, E. P. (Washington), 5, 1781, 1785. Ordinance 203, as a substitute for Sec. 7, Art. V, of Constitu- tion, 145. Ordinance 204, to amend Sec. 25, Art. VI, Constitution, 145. Ordinance 205, relating to election of officials, 145. Minority report from Committee on Preamble, etc., 367, G36. WILSON, MASSEY (Clarke), 5, 1781, 1784. Ordinance 58, to define qualifications of voters iu primary elections, 90. Resolution 95, to authorize Secretary of Convention to pur- chase supplies, 139, 155, 158. Resolution 96, relating to clerks of committees, 139. Ordinance 145, to amend Sec. 9, Art. VI, Constitution, 145. Resolution 141, to amend subdivision 6, rule 22, 231, 259. Report of Committee on Militia, 909. Motion to extend privileges of fioor to R. D. Poole, 1275. WINN, JAMES J., 5, 1781, 1784. Resolution 97, relating to the form of ordinances, 139, 182. 187. Ordinance 403, regulating powers of the Railroad Commis- sioners, 446. WOMAN'S SUFFRAGE, 1187, 1212. Address on, by Miss Frances Griffin, 241. WOOD, J. R. Privilege of floor extended, 1043. * WOOD, JOHN B. Privilege of floor extended, 1043. WOODLAWN, TOWN OF, 1180, 1185, 1318, 1723. 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