The Montgomery advertiser., 1901-07-09

'. sumed much of the time of this Con- vention, certainly no more than have felt was my duty to consume as Chair man of this Committee. There are but three more Sections to the report of the Committee on Declaration of Rights and if we can finish the con- alteration of this report this evening 1t would give me the opportunity to leave here for q few. days to answer a very urgent and important call which I have upon me and I ask the indulY- ence of the Convention to finish the con- sideration of this report, and trust it will be granted.
 Upon a vote being taken the rules were suspended.
 Section 37 was read as follows:
 ST., That no restraint upon the priv ileges of suffrage on account of race, color or previous condition of servitude, shall be made by law.
 MT. Pettus--I offer an amendment.
 MT. Sanford (Plke)-I move to lay that section upon the table.
 Mr Lomax-Don't do that. Do not cut off all debate. I want to state the reasons why this section should re- main.
 Mir. Pettus->I will state to the gen. tleman from Pike that have the floor and I have offered an amendment.
 Mir. Samford-I beg your pardon.
 The amendment was read as follows: Amend the report of the Committee on Preamble and Declaration of Rights by striking out Section 37 on Page 10 of the proposed ordinance.
 MT. Pettus-In regard to that want to say that do not see why the State of Alabama should perpetuate the Eff teenth Amendment in its Constitutions. Some of us have a hope that some time in the dim and distant future that the light of reason will dawn upon this continent, and that the Fifteenth Amendment will be repealed in the Federal Constitution, and If that be true we do not want our hands shack led by the State Constitution So that we may not regulate our suffrage in such manner as it may seem best to us. I therefore move to strike out the sec tion and on that 1 call for the previ- ous question.
 The previous question was ordered.
 MT. Lomax-Mr. President. I desire for the Convention to understand the reasons of the committee for leaving that section in the Bill of Rights. AS understand the report of the Commit tee on Suffrage there is no change or
  of race, color or previous condition of servitude.
 MT. Boone-I would like to ask the gentleman q question.
 The President-Does the gentleman yield7
 MT. Lomax-Yes. sir.
 Mr. Boons-Is not that limitation put upon the State of Alabama by the 18th amendment and has not the Supreme Court of the United States repeatedly held that the amendment because a part of the law of the land including the law of the Statee
 MT. Lomax-I will say that this is imposed upon the people of Alabama by the 18th amendment. and that the Con- stitution of the United States and the amendments thereto are the supreme law of the land and govern Alaoama as well as every other State. but what I propose to say is this. there is not line or a syllable in the majority or minority report of the Committee on Suffrage which undertakes to say, or which pretends to say that there will be any restriction of the privilege of suffrage on account of race, colored or previous condition of servitude. Now 1t is apprehended and in fact. MT. President. it is threatened, that what ever suffrage amendment this Conven- ton sees fit to adopt. will be carried to the Supreme Court of the United States for review. So far as I have been able to read the report of the majority of the Committe on Suffrage, I believe that provision is constitutional and do not believe that the Supreme Court of the United States can declare 1t un- constitutional.
 A4I ktak kkA laration of rights is simply an an- nouncement of the great fundamental principles of government in Alabama? Is that true?
 MT. Lomax-I hold that the iecla- ration of rights consists of three things: First, the rights reserved to .he people; second. the rights delegates to the Legislature, and third. restric- tons upon the power of the LeRisla- ture, These are the three consistent elements of bill of rights.
 Mir. Cobb-Ope more question. please.
 MT. Lomax-Certainly.
 MT. Cobb-Do you believe that the people of hhe State of Alabama believe that the 18th amendment of the Consti- tuition of the United States is gEeat fundamental political principle?
 Mir. Lomax-I do not know that they do.
 I want to say that so far as I am concerned, I am rather inclined to think. as Bourke Cochran expresses it, we seldom go by the 18th amendment, but however 1t may be that amend ment stares us in the face as the fun damental law of this land.
 What I was going on to say. MT. President, was this: It is apprehended and threatened, as I say, that the Constitution which we adopt will be carried to the Supreme Court of the United States for review, and that the question of the constitutionality of our suffrage amendment will be passed on directly by that court.
 Now 1t has been declared in some cases, though I do not recall the title nov, that in deciding questions of this sort that the court will look at con- temporary history. and they will .oOk at the reasons of this Convention, based upon which the constitutional provision was adopted, when the court passes upon these questions; and VI en the Supreme Court of the United states looks at the debates of this Conven- ton and sees that We have stricken out of the bill of rigsts the declaration which was in the Constitution of 1868, and in the Constitution of 1875, and has been in the Constitution of Alabama up to this moment, the Supreme Court of the United States will say these men stand before us self-confessed Vio:at- ors of the 18th amendment.
 MT. ONeal-Is 1t not fact that this provision was incorporated into the