The Montgomery advertiser., 1901-08-02

told you that they are sure, and you cannot doubt that they believed at the time they told you they were sure, that they were sure-if they were con- fident of it, why would they put in a provision that conferred upon the Gen. eral Assembly the right to prescribe the qualifications of voters? We de- clared before we came here that the result of our deliberations should be sent back to the people for their rati- fication, and yet you have a saving clause-the shrewdest suggestion in the whole plan q will never call 1t a scheme again)-the shrewdest sugges- ton in your whole plan Is that when your plan has been declared unconsti- tutional, you will give to the General Assembly the right to prescribe the qualifications of voters and not send 1t back to the people; that is what is done in Section 19. When your plan has been declared unconstitutional, and vour distinguished lawyers get up be- fore the people, they will have DO other opportunity except to assail the court for fraud, or for not dealing fairly, and then your General Assembly Will prescribe the qualifications for the voters of this State. Will that weigh on your consciences? Will that be a
  declared that the result of your delib- erations should be submitted to the people? Will that clear the conscience of the delegates and each delegate of this Convention?
 And that is the proposition, MT. President. The proposition is to make an election plan which, when declared unconstitutional, provides for the con- ferring upon the General Assembly of the power to make the qualifications of voters. Now, why do the majority here appeal for the previous question? Why do they constantly demand to cut off debate, and try to run over the minor itv horse foot and dragons? There has not been time in Alabama since 1881. when the majority of the white men in Alabama have not needed the minority of the white men in Alabama, and that time is not coming. It is not in sight; yet, they will appeal for the previous question, and make mo- | tions to table, and deny the right of debate on these various provisions that come up.
 Now, I ask the member of this Con- vention to consider that last provis- ion-Section 19-which IS not only in- iouitous in itself, but which throws light on the purpose of the whole plan. I do not want to be severe. I do not want to criticise the motives and pur- poses of my neighbors. I hope they are inclined to be as far and as honest, as I trust they will concede it is my | purpose to be, and yet, standing here. 1 | protest to you against this plan, and | particularly against the nineteenth | section of the plan.
 | MT. Sanford (Montgomery)-Could it be amended?
 MT. Lowe Gefferson)-It can be amended, and should be amended, or it should not be adopted. Now, why should I take this position? It Is not | because I am inspired simply by the pride of personal opinion. I have earn estly and anxiously, and believe most of you will admit, worked to promote this Convention, to provide for fair elections, and yet right here this Con- vention is providing to perpetuate un- fair elections in Alabama. and l shall continue to protest against it. l shall hold my opinion against the universal opinion of this Convention. when l see men around me today that l know to be the pink and flower of the Democ- | racy of Alabama. When they almost universally decide one way, it will have | an influence upon my opinion, but | would be untrue and unfair to my con- stituents if I failed to protest against what I see in the plan, and, to my mind which has been devoted, gen. tlemen of the Convention, to this mat ter of elections in Alabama for years and to speak on this question, when see in this plan perpetuation of fraud in Alabama. I would be untrue tC myself and to the people that sent me here if I failed to protest against it. | think Mr. President, that Section l! should be amended. I think 1t should be stricken out. If the gentlemen wht proposed the majority plan are satis fled with it's constitutionality, why should they provide for a contingencS of the courts deciding 1t unconstitu tional. Give us a constitutional plan a plan so plain and simple that tht courts even could not be in any doub about it. Give us a plan so plain thai the common people can read it and in' terpret it and understand it, anc which will not need the construction o your courts. Otherwise, gentlemen O
 the Convention, our work here VII have proved a failure, and disappoint ment to the people of Alabama. If vol give them a plan for fair elections thai needs the construction of your courts YOU will have failed in the duty whicf the people sent you here to discharge
 The President-The time of the gen tleman has expired.
 Mr. Oates-This Is not trivial ques
 tion, but one which demands serious consideration. It is an innovation up on anything that we have had in Ala
 bama. It has seemed to me all thu time that it was, If otherwise free iron objections, of doubtful propriety to b' put in here. It seems to me that i advertises to the world an apprehen
 sion upon the part of this Convention that some other part of the Constttu
 tlon may not stand the test of th' court and may be overturned. Th' language is that if any part of 1t shal
 be held unconstitutional or inopera tive by any court of competent juris diction, that then the Legislature shal be empowered to deal with it, and rem edy the defect occasioned by such de cision. A court of competent Jurisdic ton is not very definite. It is not a the gentleman who preceded me sup posed, the Supreme Court of the United States. Some one suggests that jus tice of the peace might pass upon IL That would scarcely be considered court of competent Jurisdiction, but oul Circuit Court and our City Court where the question may be raised a: to the constitutionality of any clause
 in this instrument, would have tho right to pass upon 1t. Then it will b. subject to an appeal to the Supreme Court of Alabama, and might go on tt the Supreme Court of the United States. Then, again, the lllegallty O