The Montgomery advertiser., 1901-08-03

70 to iay the amendment on the table prevailed.
 MT. White-I offer a substitute for Section 19, and on that I call the pre- vious question.
 Mir. Knox-Please state that the Committee on Suffrage and Elections reported 1t in lieu of Section 19.
 The President pro tem-This substi- tute is reported by the Committee on Suffrage and Elections in lieu of Sec- tion 19.
 The substitute was read as follows:
 The substitute for Section 19 by the Committee on Suffrage and Elections:
 If any section or subdivision of this Article shall for any reason be, or be held. by any court of competent juris- diction, and of final resort to be in- valid, inoperative or void, the residue of the Article shall not otherwise be invalidated' or affected"
 MT. white-This substitute is of- fered by the Committee on Suffrage and Elections, and I move its adoption, and upon that I call the previous question.
 MT. Harrison--I appeal to the Acting Chairman of the Committee not to deny me an opportunity to be heard. The President pro tem-The gentle- man from Jefferson does not yield. Mir. white-I would like to have a moment to confer with the committee on this matter.
 The President pro tem-The Conven- tion will give the Committee an op- portunity to confer. - | Mir. White--I yield.
 The President pro ten1-The gentle man from Jefferson yields to the gen. tleman from Lee.
 MT. Harriscn--I am much obliged to the majority of the Committee. am one of the minority who voted against this substitute. was opposed to the original section, and am more strongly opposed to the substitute than I was to that. One of the same reasons that induced me to oppose the original sec l tion applies to this. and that is in the | first place, it is a quasi admission that this Convention has made some mis- take. In the second place. am 'Jop- posed to 1t as a matter of pobsy. Td do not believe we can sustain Heehes. fore the people, when 1t comes touA question of a ratification of this Con- stitution The Convention will bear in mind that this is intended in case any court should hold void any section or clause of this Constitution. It is only applicable in that case. Now. l sim
 ply submit this proposition: It will have no effect, only in the event that some section or clause Is declared un- constitutional. Say. for instance, that the descendants or grandfather clause Is declared unconstitutional; what would become of your temporary plan or permam ment plan? It is made up from three sources. There is no pro- l vision made in this Article whatever to keep them separate-none on earth. This permanent list Is made up by the registrars, and no one knows, or can know, under which subdivision party was registered: therefore, l submit 10 all the lawyers in this Convention and even to the laymen that if one Of those sources Is held to be void-and there is no way to tell which, or to tell how many of that registered list comes from this void source-wiil It not affect the whole registration! 1T SO and your entire permanent list IS held void. then in 1903. you place the entire voting population of Alabama on an educational and property qualinca- tion That will stand, the temporary plan being destroyed. If we declare that 1t is our intention that If any part be declared void. the rest shall stand. Isn't that the natural result!
 And again. what power has this Con- vention to limit the powers of the courts? say it in a friendly spirit as said 1t in the Committee, If you propose to do this, then go back and make some such provision as this:
 Provide that the Boards of Registra- tion appointed for the several coun-
 ties shall prepare and file as required by the seventh subdivision of Section 10 of this Article, three separate ana distinct lists of those registered by them, showing upon one those who res istered under the first subdivision or the Section, showing upon another those who registered under the second subdivision of said Section, and show Ing upon another those who registered under the third subdivision of said Sec ticn. If this is incorporated in it, then the purpose indicated for 1t might be carried into effect. I only bier this in a friendly spirit. am against the policy. I hesttated for awhile in en- tertaining the doubts I do as to one of these subdivisions, but a large ma- jority of this Convention have said after discussing 1t that there is no doubt of it's constitutionality. and whether right or wrong, l propose to stand by you and take your Judgment, but I do not want you in conclusion to express this sort of doubt, as to whether or not it will stand. I only ask that in this closing hour of this Convention. the Convention will delib- crate and not adopt this provision, simply because 1t is reported here as a substitute. It is true majority of the Committee have recommended it. l have briefly stated to you the req sons that actuated me. and l ask you as lawyers and gentlemen of intelligence, what will be the effect of it? If there is to be opposition in the State Of Alabama to the ratification of this Con- stftution. and you present 1t to the vot- CTS. and show 10 them that there is a likelihood of its being declared void, and you admit 1t. indirectly or jp, "a quasi manner, or at least, that ,dD, Gake this temporary clause should be ,ne1d void, that then you throw the entire Cleo tors of the State upon the permanent provision of education and property qualification? Can you ratify it If you do that? Isn't it better, if you desire ;o adopt this position. in contradis- tinction to what the State of North Carolina took, for I understand in the adoption of their Constitution they took exacly the reverse of his proposition. and that was If any part of it was held unconstitutional. the whole of it should fall. they did not attempt to adopt any part Of it without adopting it all. If we separate ours, then the strongest objection to it Is taken away. for a part may stand. But under my view of 1t, if this is adopted and the courts will regard it, and so hold, then in case the temporary plan is held un- constitutional, we are at once on the