The Montgomery advertiser., 1901-06-22
0FFICIlI REPORT 0F THE PROCEEDINGS OF
 THE CONSTITUTIONAL CONVENTION OF ALABAMA

making the 0pJectlOn. l reared that , an objection would not prevent the reading, yet I said If my objection would avail, would object; but it was without any discourtcous intent. and merely with a view of objecting. on
 each occasion when there is proposi- tion to read anything that will have to be read again, and that will lie upon our decks in printed form. It was l with that view I made the objection. and I do not care to consume more time on 1t now.
 Mir. Reese-I rise to a parliamentary | inquiry. Under the regular order, at | II o'clock, isn't the next order the re- ports of the standing committees, after | the call of the roll for the introduction | of ordinances, and would not the gen. l tieman have right to make report | without asking a suspension Of the | rules? Mr. eGraffenried-And have it reed. Mr. Reese-To read this report now will consume the time which properly should go to the reading of resolutions and ordinances and we shall have to suspend the rules 70 get these things in.
 Mir. Lomax-I desire to withdraw the motion to suspend the rules, because unanimous consent had already been granted to me, as 1 understand 1t, to offer that report to be read; under the
 rules it ought to be read to the con- vention, and the only reason l asked leave at this time to offer the report was in view of the notice which had | already been given by the gentleman l from Hale, that he would move to sus- pend the rules and take up the report | of the Committee on Executive De- l pertinent. The President-The gentleman from l Montgomery is mistaken. He made his | request, and the Chair submitted the 1 request, as was the duty of the Chair, to the Convention, and thereupon the 1 gentleman from Mobile objected. l Thereupon the gentleman from Mont l gomery moved to suspend the rules. l Does the Chair understand that mo- | ton is insisted upon? Mir. .Lomax-Yes sir. I move to | suspend the rules. and that the report
 of the Committee be read now. Upon a vote being taken, the rules were suspended, and the report of the ! Committee, and the Article accompany I ing the report, were read as follows: I MT. Browne here took the Chair. Report of the Committee on Pream-
 ble and Declaration of Rights: Nr. President,
 The Committee on Preamble and | Declaration of Rights instructs me to
 report the Preamble and Declaration
 of Rights hereto attached for adoption
 by this convention The Committee | has carefully examined and considered
 all of the ordinances referred to 1t and
 has incorporated the principles of some l of them in the Article herewith re- | ported. A large number of them have
 been rejected by the Committee be-
 cause it was believed that the great
 and essential principles of liberty em- 1 bodied in the bill of rights. being, as
 they are, the specialization of the ex- | perience 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 l portions were not properly part and l parcel of a solemn statement of the reserved rights of, the people to une- l quivocally 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 Committee | failed of adoption because 1t was evi. dent that the object sought to be at-
 tained could be secured by legislative l 0CtI0H anu tHdly HCASCs IiAOy WCAC HOt
 proper matter for Constitutional en- actment. The. few sections and parts l of sections added by your Committee, | and not proposed by any ordinance re- ferred orit, were adopted because in | the judgment of the. Committee they l made more clear and specific, and gave 1 greater emphasis to, those rights of 1 the people which are above and beyond
 the general power of government. | All ordinances referred to the Com
 mittee are herewith respectfully re- 1 turned.
 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 of the Declaration of
 Rights the Following words have been
 added 70 law shall ever be passed | to curtail or restrain the liberty of
 speech or of the press.
 To Section the following additions 1 have been made: a provision fixing in
 the Constitution the right of the de- l. fendant to testify in his own behalf
 and. also, one permitting a motion by
 a defendant for a change of venue to
 be heard and determined in his | absence. -
 In Section g the named misdemeanors are stricken out and the words "ln cases of misdemeanor" are inserted. There Is added in Section 10 pro-
 vision that in cases fixed by law the trial judge may discharge jury with
 out the consent of the defendant. | In Section 13 the words flor liheP'
 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 Assembly from granting | any exclusive. as well as irrevocable. special privileges or immunities. and
 providing that all franchises, privileges and immunities shall he subject to
 revocation alteration and amendment There is added to Section 27 a provis-
 ion requiring the General Assembly to
 define small arms and to regulate the
 bearing of the same.
 l The word right" as applied to suf- | frage, is stricken out and the wo"d | privilege" inserted.
 Seeticn 35 is stricken out as having nc | place in 6 Declaration of Rights. Section 3S is changed to Section g
 and also by striking out the prohibition
 against an educational or property
 qualification for suffrage.
 l Section 3S is a new section prohibit
 ing the exercise by one department of
 the government of any of the functions
 of either of the other departments
 thereof.
 Section 29 Is retained as in the pre-
 sent Constitution with the addition of | a dacIa ra tion that the rights retained