The Montgomery advertiser., 1901-07-31

. | ~EN%@ " e(ttAG H. anu h0S OAAAS. e-~~
 people of the United States ana of the
 civilized world are watching the set
 clement of this question. and to see
 wat the Constitutional Convention oi Alabama will do with this great ques-
 ton. In view of that fact, the great responsibility rests upon us to settle II
 rightly, and to settle 1t justly. be-
 neye that we are capable of doing so'
 The people to whom we belong. the race to which we belong, have solved every question that has been presented to them. not only solved it, but solved 1t justly to themselves and justly to their interiors. Gentlemen, believe we will solve thIs question directly, and believe the adoption of that ma jority report reaches that conclusion | and that solution. Now the question Is before us. and as the votes draw nigh let us settle 1t. and settle 1t rightly, l and forever.
 MT. Watts took the chair. Mr. Murphree (Pike)-I have com mitted some reasons for the vote that | shall give here to paper, and ask that l 1t be included in the stenographic re- port.
 The President pro tem-I understand the gentleman does not care to have l 1t read. N
 Mir. Murphrse- sir; 1t is just an argument of mine.
 The President pro tem-Do you want 1t read7 MT. Murphree--I don't care whether 1t is read or not. Mir. Hefiin {Cham bers)--1 move that 1t be included in the stenographic re- port. Mir. MaIone-I move that it be read. Mr. Murphree-1 don't object to its being read.
 The President pro tenn The question Is upon the motion of the gentleman from Chambers that this paper be in- cluded in the stenographic report. Mir. Malone--It will take but few minutes to read his remarks. and the gentleman's voice is weak. move that it be read by the Clerk. Mir. Hefiin--If 1 understood the gen. tleman's request. 1t was that it be in- cluded in the stenographc report. Mir. Murphree--Yes, sir that wss my purpose, but I have no objection to its being read.
 Mr. Hefiin--I accept the amendment. Mir. President
 Upon vote the motion was carried.
 The Clerk read as follows:
 Mr. Murphree-I wish to submit the following as some of the reason why l
 
 If there is any one thing which this Convention should regard the most inn portant 1t is that the provisions of the Constitution we are now about to adopt on the suffrage question should be such as will stand the test or the courts. l believe it Is conceded that the majority report could not be suc- cessfuily attacked. and that the State and Federal courts would declare all its it's provisions. save one. not in con- fiict with the Constitution of the United States.
 As regards the. constitutionality of the second subdivision of section four. familiarly known as the grandfather clause. there exists grave doubts, in the minds of some. as to it's constitu- tionality. These doubts are not the result of hallucination. but on the con- trary are engendered and supported by the opinions of many of our most learned men In the law. not only here in this Convention. but elsewhere in the Southern States. The minority report is signed by tour of our number, who are known tor their legal ability. who give it as their opinion that said provision is violative of the Fifteenth Amendment to the Federal Constitu- ton. Ex-Governor Thomas G. Jones, who is acknowledged to be one of the best constitutional lawyers in the State says the same thing. Senators Nor gan and Pettus are of the same opin- ion, and many others of our ablest men of the South agree with them on this point.
 As the minority report truthfully says. that 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 opportunity to reduce our repre- sentation in the lower House, and our vote in the Electoral College. The majority of the committee seem to have some doubts as to the validity of the scheme they propose, which is made manifest by the adoption of sec- ton 19 which provides that if any section of the article should become ln- operative and void Dy reason of the de- cision of any court of competent juris- dictIon the Legislature might remedy the defect caused by such decision. understood Mr. Smith of Mobile. in his aple address in support of the majority report, to say that the grandfather clause was unnecessary, as the other provisions would effect the purpose de- sired without it.
 It does seem to me that 1t is unwise for this Convention to incorporate in our organic law a provision so uncer- tain and doubtful as to Its constitution ality and thereby hazard the success of our suffrage plan. If perchance the courts should declare our work uncon- stitutional then the peoples money, say $70,000, will have been spent and no good accomplished in that of regu- lating the suffrage. Why take this risk when we can get along without 1t? I shall vote for the minority report. If 1t is voted down l will then accept the majority report as being the best l can do under the circumstances.
 MT. Winn--When this question of the grandfather clause was first sub mitted, was under the impression that to support 1t would be in violation of my oath of office to support the Con- stitutiou of the limited States, hut ater had been taught by the able and lucid argument of Judge Walker, the difference between personal rights and political rights, 1 felt that l had tended been enlightened, and under the argument and splendid speech of our honored Chairman. my judgment, my opinion was formed and ctyStallized. The ground as to the argument. pro and con. upon this question. has been amply and ably covered by the best men, and the most capable on this floor, on either side of this case. Therefore. srall not undertake to rehearse any of the arguments. I did want to say, however, that with a conscience void of offense towards God or man. I now heartily and fully accept the majori.Y report of this Committee on Suffrage.