The Montgomery advertiser., 1901-07-07

expressed, that the striking out of the words political rights, or the striking out of the words any person who has legally declared his intention to become a citizen of the United States" are not material to be declared in the declara- tion of rights, the Committee are Will Ing and ask the unanimous consent of this Convention to accept the amend ments. and I will state. MT. President, that when this Convention has granted Its consent to accept the amendments, I shall on my own responsibility, move | to strike out the entire section. Mir. Beddow--I would like to ask the Chairman of the Committee question What effect would the striking out of those words, as proposed by the amend ment, have on those citizens of the | State who have declared their inten- | ton, and who have been voting in the last few elections?
 Mir. Lomax-I do not think 1t will have any effect, provided they have the | right to vote under the suffrage article | adopted by this convention.
 The President-Is the Convention ready for the question on the amend | ment offered by the gentleman, from Limestone? Mir. Coleman (Greene)-I understood | the Chairman to say he is willing to | accept both amendments, and think | unanimous leave will be granted. .. Mir. Lomax-We will accept both of | them, by the consent of the Conven- l ton. 4..
 The President-Does the gentleman | ask unanimous consent?
 Mir. Lomax-Yes, sir.
 1 To which objection was made. | tha CnnuAnftnN ra. | fused to grant unanimous consent, l
 move that the section and the amend.
 ments be laid on the table.
 MT. Pillans-WHl the gentleman
 allow me to call his attention to one
 thing that may be material to be con-
 sidered before that is done. Will he
 withdraw?
 Mir. Lomax--Yee.
 Mir. Pillans--it is simply this, the sec-
 ton as we find 1t in our last Code of
 this State. has appended to 1t a note,
 stating the effect of this section is to
 place ail persons natural and artificial
 on a basis of equality in the courts. "
 Citing the case of South and North
 Railroad against Morris. e5th. 18th,
 s5th, S7th and 1o6th Alabama. etc.. and
 see also citations to another section:
 there can be no discriminative ad- l bdHldSS DtDlOWcG Dy ldW uCtWCCh tflc
 parties to the same suit" citing other
 authorities. "The statute against mia
 oegenatlon is not denial of equal civil
 and political rights to the races" Now
 If it appear from that. very likely that
 Is a clause that has some efficacy and
 meaning, and has force in protecting
 investments and corporate rights and
 perhaps individual rights in this State
 against nasty and ill advised legisla-
 tion.
 Mir. walker-wll the gentleman
 allow a suggestion?
 MT. Pilians-Yes.
 Mir. Walker-Isn't that purpose com.
 pletely effected by the provision of the
 Fourteenth Amendment to the Consti.
 tuition of the United States?
 MT. Pillans--It is. possibly. only
 wanted to say that I expect to vote
 against laying the section on the table
 for the reason that 1t ~ be amended
 and preserved.
 Mir. Lowe (Jefferson)-I desire tt
 state the grounds of my objection, ant
 why I declined to agree to unanimout
 consent upon this question. It merel!
 grows out my indisposition to mutilat'
 our old constitution more than i! necessary. l doubt if any gentleman on the floor has suggested a single
 instance or particular, in which any
 harm has come from the declaration
 contained in the old constitution. Tt my mind I can find no good reason fol
 changing that language, or modifying
 1t In any respect. Therefore, acting upon the principle, and upon the belief that unless a necessity exists for
 change we should adopt not only th'
 spirit, but the letter of the old Con stitution, I hope that the amendmen
 will be voted down, and that the re port of the Committee will be adopted MT. Lomax-In reply to the sugges
 tion of the gentleman from Mobile.
 will state that an investigation whicl I made last nigh. demonstrated tn ] fact that this provision Is not contain ed in any Constitutions at all, In tn language in which 1t appears in ou Constitution. It appears substantiall. in the following Constitutions: NeV York. Connecticut. Indiana. Minnesota South Carolina and Virginia. an, ] does not appear in the Con stitution of any other State
 except those named, and. as :, say. 1t does not appear in this languag in those Constitutions. have no doup
 however. that everything contained l that section is covered by the Four
  3 and we could not possibly alter it If W undertook to do so. think the sectio I ought to stand as 1t Is written. and q 1t was adopted unanimously by tn t convention of 1875. or else It ought , go out altogether, and therefore l re e new my motion to table both tn n amendments and the section. . MT. Pettus-I would like to ask tn 1 gentleman a question. If you strik = out Section Two. will there appear an | where in the Constitution of Alaham
 a section declaring who are citizens Q | the State of Alabama?
 - Mir. Lomax-There will not appear { the bill of rights any statement Of tha f | sort I do not know what the Fubse
 quenr committees may do. It is nc
 necessary in any event. l now rene I my motion to table.
 f Upon vote being taken a divisio 9 was called for. and by vote of n ayes tu 42 noes the s3Ation and th f amendments were laid upon the table Tine President-The Secretary WI Q read the next section.
 s The Clerk rend Section Three IS ft d lows:
 Sec. S.-That all political power is ir o herent i'll the people. and all free GcN f ernments are founded on their auth ol ~ lty. and instituted for their benefit; an ', that. therefore they have at all tine - an inalienable right to change the ', form of government in such manner ( y they may deem eXpedient.
 t Mir I.omaX-Mr. President, l vi II state that section Is in the preci. . language of Section 5 of the Declare !" ton of rights in the Constitution II 1875. and I move It's adoption.