The age-herald., 1901-07-09
THE CONVENTION DECLINES TO CHANCE
 PRESENT JUDICIARY SYSTEM OF THE STATE

delegates to make up their minds and he therefore called for the previous ques- tion.
 Mir. Eomax Speaks.
 MT. Lomax, as chairman of the com mittee, in closing the debate. said that no question had come before this con vention which more involved the essen tial liberties of the people than the pres ent one. That the fact that Judge Cole mans amendment and the minority re- port were antagonistic to each other was one reason why the majority report should be adopted. He did not believe there was the corruption existing in the jury sys- tenn which had been stated, but if there was those members in whose counties it existed should go home and convict the bribers, If you adopt this new suggestion 1t will result in the railroads, against whom most of the damage suits are brought, removing them to the Federal Court where they can get jury of twelve men.
 We are told some great states have adopted this reform. What states? North Dakota, Idaho and other states which have not yet got off their swaddling clothes. Why not refer us to New York or Massachusetts or some old state where jurisprudence is well administered? England today clings to a verdict of twelve men and so does the most pros- porous states of the American continent. If the majority rule is so good why not say that a majority of one in a jury can decide property rights? If 1t Is such great reform why not apply 1t to criminal cases? If you adopt this change you will absolutely destroy the chance of any deliberation among the jury. If you go before the people and tell them that this convention has required twelve men to render verdict against a corporation and allowed nine men to render a verdict when one neighbor sues another for a tract of land, as Judge Colemans amend ! ment would do, tell you they will not adopt the constitution. I appeal to you not to tamper with the bill of rights. He concluded amid applause.
 Judge Colemans amendment was then voted on and rejected by vote of Il to | 113.
 The minority report was then rejected by a vote of 81 to 30 and the majority re- port adopted on viva voce vote which seemed to be unanimous.
 l The convention then adjourned until 9:30 o'clock.
 Afternoon Session. l The convention reassembled at 3:30 o'clock with S7 members present. Section IS of the declaration of rights was taken up. This was adopted as fol- lows: Section 1s That in all prosecutions for libel or for the publication of papers in- vestigating the official conduct of officers of men in public capacity, or when the matter published is proper for public tn- formation, the truth thereof may be given in evidence; and that in all indictments for libel the jury shall have the right to determine the law and the facts under, the direction of the court
 | Section IA was then taken up and adopted as follows:
 Section IA. That all courts shall be open; and that every person for an injury done | him, in his lands, goods, person or repu- | tation, shall have a remedy by the process of law; and right and justice shall be l administered without sale, denial or de- lay.
 Furnishing Convicts. | Section 15 was adopted as follows: 1 Section 15. That the State of Alabama l shall never be made a defendant in any court of law or equity.
 Section 16 was then taken up. It reads as follows
 Section 16. That excessive fines shall not 1 be Imposed nor cruel nor unusual punish ment Inflicted.
 MT. Pillans of Mobile moved to amend the section by prohibiting the whipping of convicts. He referred to their treatment in the mines, and illustrated some un- l fortunate cases which had come under his 1 observation.
 | Dr. Cunningham said upon the question under discussion his public record was in the line of humanity. That the lash, how ever, was the most humane and the least degrading method of enforcing discipline. A continued discipline of bread and water | WnIIld rsy mt bv reducing the convict's health. The dark cell was found to be unavailing and in- 1 effective. Convicts have sense and realize that if discipline is infringed they will be 1 punished. The law today was fifteen licks applied over the clothing usually worn The unlimited fiogging of convicts had been abolished. So long as the lease system is continued there is a business proposition to be considered. If the dark 1 cell or bread and water punishments are l enforced the State must pay for the man while he is being so punished.
 MT. Lomax said this amendment was purely legislative and he hoped the bill of rights would not be burdened with such matter. 1 MT. Beddow of Jefferson said that if the lash was the most humane method of punishment as stated by Dr. Gun ningham he knew of nothing worse. The
 
 year except Christmas and July and that most of the floggings were admin istered because the convicts failed to perform the high tasks given to them. That every night from twenty-five to three hundred convicts were whipped without any inspector being present He himself had seen them whipped until the blood ran down their backs. He hoped to see the State in the next few years pass law taking these convicts out of the mines.
 Maudlln Sentiment.
 MT. Rogers of Sumter said that the picture of the mines had been over drawn. He told of an ex-convict with whom he had talked and who said that the convicts were not whipped unless they needed 1t. This maudlin sentiment about people who got to the penitentiary is all foolishness, he said.
 MT. Pillans said that if we had got beyond the Russian knout were we to endure the continuance of this galley slave custom? Flogging had been abol- ished in the navy and by all the great states except those that allow money matters to influence them. The Alabama system was as bad as anything that ex- isted in Russia. He told of the wretched condition of camp in Monroe county an account of which was published in the papers a few years ago. He described the sale of convicts to the highest bid der in Clarke county.
 Mir Lomax then moved to table the This done DY a