The Montgomery advertiser., 1901-07-23

occurs the second time in the second line of Section 62. The Secretary will read the Section as l. would read 1T amended.
 The Secretary read the Section as follows:
 "The Legislature shall never pass any law to authorize or legalize any mar riage of any white person and a negro or descendant of a negro"
 Mir. Oates-The Section as reported by the Committee is the language em- ployed in the penal Code. It is the law of the State and think that It is proper. The putting of it into the Con- stitution can have but one operation or effect and that is for all future time to prevent any Legislature from au- thorizing or legalizing any marriage between the white and negro races or the descendants of the negro to the third generation inclusive, though one ancestor of each generation be white person. Now, that Is the penal statute of the State, and has been for a long time. Why go beyond It in the Con- stitution? If is properly in the Con- stitution. and I think 1t is and 1t may be of use possibly some time in the future It is declaration of the policy against miscegenation and in favor Of race separateness, and ought We, to go further in this Constitution than our penal laws have ever gone? Or why not go the same length? You see if you leave 1t as 1t would be with the amendment adopted, it is an open ques- ton then as to how far the descend ents might be traced, and how many generations, leaving the thing in state of uncertainty, as 1t is an inhi- bition upon the Legislature from au- thorizing marriage or legalizing mar riage between these races and is in my judgment ample in its provision and as far as we ought to go. It is the law we have lived by for many years.
 MT. Coleman (Greene)-Wirh the amendment, does not the law provide that there shall never be a legal mar riags between a white person and the descendant of negro? Without the amendment you could legalize mar riage between a white person and the descendant of a negro of the fourth generation.
 MT. Oates-Exactly. I am in favor of the statute as it has been ever since It was enacted soon after the ratih- cation of the present Constitution. We have lived by it about quarter of a century. l haven't known or heard of any marriages in this State between a white person and a descendant of a negro, and if the principles of the law were enforced I believe it would be better for the com munity. But this is going far enough. There is no use in going wild upon a proposition. We have the people among us here, an inferior race, and the laws we have had for a quarter of a century and lived under, l think is going far enough in our Constitution, and therefore move to lay the amend ment on the table.
 MT. Samford-I call for~the ayes and noes.
 The call was not sustained. A vote being taken upon the motion to table the amendment. a division was called for. and by vote of Il ayes and 51 noes the motion to table was lost.
 Upon a vote being taken as to the adoption of the amendment the amend ment was adopted.
 MT. Long (Walker)-I have an amendment to offer.
 Amendment by MT. Long was read as follows: ''To amend Section 62 by adding after the word negro in the second line the words Chinese and h. dian.'"
 MT. Long-I don't desire to make d speech on that. I think Indians and Chinese are sorrier than negroes. ahd think they ought to be included in | there.
 MT. Jenkins (wilcox)-The proudest | blood that flows in white veins in Ala | bama is Indian blood, and if we adopt l that amendment we would insult some of the proudest and best people of the State. l move to lay on the table the amendment offered by MT. Long of | Walker.
 Upon a vote being taken the amend ment was laid on the table. The Chair-The question recurs on | the adoption of Section 62 as amended. MT. Chapman-I have an amendment to offer.
 The amendment by MT. Chapman was read as follows: ITO amend Sec tion 62 by striking out the word Of at the end of the first line and in lieu | thereof insert the word between. MT Chapman-It reads then instead of ''legalizing any marriage of any white person and negro" "legalizing any marriage between any white per son and negro"
 Upon a vote being taken the amend ment was adopted.
 On a further vote the section as amended was adopted.
 | Section 63 was read as follows:
 Sec. 63. The legislature shall provide | by law for the regulation and reason able restraint of trusts. monopolies and
 combinations of capital so as to pre-
 vent them from making, by such arti- | fcial means articles of necessity. trade or commerce scarce, or by increasing the cost thereof to the consumer, or by preventing reasonable competition in any calling. trade or business. l MT. Oates-I desire to make a state | ment. 1 want to state the reason for
 the action of the Committee on this is substantially as l stated. At the time l the report was submitted l think it | but just to myself and the delegate from Mobile (Mr. Brooks) that make
 this statement. He had offered an ordinance which appears printed right | after the report along with 1t and that
 was by the action of the Committee | on Legislative Department adopted as
 a section, but it was tentative. and at a subsequent meeting it was allowed
 to be rcconsidered. We had rule which did not require any particular
 form for the reconsideration of any matter but any matter which
 had been passed upon might
 be called up at subsequent stage and reconsidered. That was the
 case with respect to the ordinance Of- | fered by the delegate from Mobile. and
 which had been adopted. At that meet
 ing it met with considerable opposi-
 ton. Some other gentleman moved a
 reconsideration of it and after it was l discussed for a time vote was taken
 and the Committee was very much di-