The Montgomery advertiser., 1901-06-22

shall in all cases be first made to the owner; and. provided, that the right of eminent domain shall not be so con- strued as to allow taxation or forced subscription for the benefit of railroads or any other kind of corporations. other than municipal, or for the benefit of any individual or association. s
 25. That all navigable waters shall remain forever public highways, free to the citizens of the State, and of the United States. without tax, impost or toll; and that no tax, toll, impost or wharfage shall be demanded or receiv- ed from the owners of any merchant disc or commodity. for the use of the shores. or any wharf erected on the shores. or in or over the waters of any navigable stream, unless the same are expressly authorized by law.
 %. That the citizens have right, in peaceable manner, to assemble to- geti.er for the common gcod, and to apply to those invested with the power of government for redress of grtev- aDces. or other. purposes by petition, oddress or remonstrance.
 27. That every citizen has right to bear arms in defense of himself and tho State: and it shall be the duty Of the General Assembly to define by law small arms, and regulate the bear Ing of the same.
 2S. That no standing army shall be kept up without the consent of the General Assembly, an1 in that case no appropriation for it's support shall be made for a longer term than one year: and the military shall, in all cases, aud at all times. be in strict subordinatfon to the civil power.
 %. That no soldier shall, in time of peace, be quartered in any house With out the consent of the owner, nor in time of war but in a manner to be pre- scribed by law. ..-
 SJ. That no title of nobility or heredi- tary distinction, privilege. honor or emolument shall yer be granted or conferred in this State; and that no office shall be created the appointment to which shall be for a longer time than during good behavior.
 31 That immigration shall be encour- aged; emigration shall not be prohib- itee. and that no citizen shall be exiled. . g. That temporary absence from the State shall not cause a forfeiture of residence once obtained.
 s. That no form of slavery shall exist in this State; and there shall not be any involuntary servitude, other wise than for the punishment of crime, of which the party shall have been duly convicted.
 3i The privilege of suffrage shall be protected by laws regulating elections, and prohibiting, under adequate pen aities. all undue influences from power. bribery, tumult, or other improper con- duct
 ss. Foreigners who are or may here after become bona fide residents of this State. shall enjoy the same rights in respect to the possession, enjoyment and inheritance of property, as native born citizens.
 . 36. That the sole object and only le- gitinate end of government is to pro- tect the citizens in the enjoyment Of life. liberty and property, and when the government assumes other func- tions 1t is usurpation and oppression.
 37. That no restraint upon the privi- lege of suffrage on account of race, color. or previous condition of servi- tude. shall be made by law.
 3S In the government of this State, except in the instance in this Constitu- tion hereinafter expressly directed or permitted. the legislative department shall never exercise the executive or Ju. dicial powers, or either of them; the executive shall never exercise the leg isative and judicial powers. or either of them: the judicial shall never exer- else the legislative and executive pOWGTS UT ClIuCA- VI bhSAf' " SNS SA@N- that if may be a government of laws and not of men.
 39. That this enumeration of certain rights shall not impair or deny others retained by the people; and, to guard against any encroachments on the rights herein retained, we declare that every thing in this Declaration of Rights is excepted out of the general powers of government, and shall for ever remain inviolate.
 The undersigned member of the Com mittee on Preamble and Declaration of Rights concurs in the majority of said report save as to portions of Section ( and he offers as amendment to portions of Section the following:
 And in all prosecutions by indictment the place in the County or district in which the crime was committed shall be stated with reasonable certainty as to enable the defendant to know the particular place where the criminal act is alleged to have been committed.
 Respectfully submittd.
 J. H. Barefield.
 The undersigned members of the Committee on Preamble and Declara- tion of Rights do not concur in the foregoing report of the Committee so far as 1t relates to Section IF, Article for the following reasons:
 In every relation of life in Alabama where the result is dependent upon the opinions and decisions of number ot persons, the principal of majority rule governs. with the single exception Of a verdict of a jury. Why should a unanimous verdict on question Of fact be required and enforced from a jury? A majority of one vote in thls Convention either puts a proposition in the organic law or rejects 1t. A ma jority of one vote in each House Of the General Assembly creates, repeais or modifies a positive law. regardless ot the magnitude of the interests inVol- we'd. A majority of the Senate of the United States ratifies or refuses to con sent to a treaty with a foreign power. A majority of a single vote in half million in a pivotal State may elect President of the United States, change the policy of government and bring prosperity or ruin to seventy millions of people. And yet the majority of the Committee deny that it would De sen sible to apply this principal to yer dict of a jury in civil suit at law' When a judgment is entered on unanimous verdict. If an appeal IS ta- ken to the Supreme Court or the state it can be then finally adjudicated by hare majority of the justices. So in the Supreme Court of the United States five of the Justices against four held the income tax unconstitutional; and in the same Court five of the Justices held that Porto Rico was not under the Constitution, and four that 1t was l Again in all ministerial and executive bodies the majority rules. ana the Will of the minority must give way to that of the majority when lawfully express