The Montgomery advertiser., 1901-07-09

the history or AlaUauHds CouiV COiho " no such conclusion about any man who is true. square out citizen or the State of Alabama.
 MT. Walker-Would the striking out of this provision, as contained in the report. strike out anything from the law at all?
 MT. Lomax-Certaluly not
 MT. Walker-The law will be just the same whether 1t Is in the Constitution or noty
 MT. Lomax-Precisely. but l wanted this Convention to understand the req sons that actuated our Committee. We thought 1t better to leave these words in here. than subject this Convention to the criticism, that while in your suffrage article you pretend not to make any discrimination on account of race, color. or previous condition, you show by your conduct and action in your bill of rights that you did in- tend to make discrimination on ac- count of race, color or previous condi- ton of servitude.
 Now think it is better to leave it in there So far as the Fifteenth Amend ment is concerned I think 1t Is wrong in principle. it was wrong in morals, and l regard it as one of the political crimes of the nineteenth century, but as it is the law, as we cannot get around 1t, as 1t may have influence upon the question of upholding our suffrage amendment in the United States Supreme Court, think it better that we should bear the ills that we have than to fly to others that we know not of.
 MT. Boone-I ask you, in the event that our suffrage article is attacked, and that the case Is carried to the Su- preme Court of the United States, would not the court pass upon that question as to whether or not 1t in- fringed the Constitution of the United States. whether 1t was incorporated in the Constitution of Alabama or not.
 MT. Lomax-Yes. sir; but has not it been repeatedly held that the court looks to the Legislative intention.
 MT. Chapman-A point of inquiry. Is there anything before the Convention?
 MT. Lomax-I will state to the gen. tleman from Sumter that l am before the Convention. but l will be down in a few minutes.
 MT. Chapman-But my friend is not a thing. I hope he will not consider himself a thing.
 MT. Watts-Is it not a fact that the State of Alabama in fact did ratify the Fifteenth Amendment?
 MT. Lomax-I think so.
 MT. Watts-Would not this in effect be a ratification of it?
 MT. Lomax-If this would be a rati- fication of it 1t was ratified in 1875, because this Is the identical language of the Constitution of 1875.
 Now gentlemen of the Convention, those are the reasons that actuated your Committee. They believed it was better to leave these words in, and they believed that 1t would have a better effect to do so. but if it is the delib- crate judgment of the Convention that they be stricken out, l want to say to you tha. the Committee on Preamble and Declaration of Rights will have no tears to shed.
 The President-The question Is on the amendment of the gentleman from Limestone.
 Upon a vote being taken the amend ment was adopted.
 MT. White-I think the next in or- der is to adopt the section as amended
 MT. Lomax-Yes, MT. President, I move-no. the section has been strick- en out. My parliamentary friend came very near getting me into an error.
 Section 3S was read as follows:
 38. In the govel nment of this State, except in the instances in this Consti- tuition hereinafter expressly directed or permitted, the Legislative Department shall never exercise the Executive or Judicial powers, or either of them; the Executive shall never exercise the legislative ana judicial powers, or either of them; the judicial shall never exercise the legislative and executive powers, or either of them; to the end that it may be a government of laws and not of men.
 MT. Hefiin (Chambers)-I move the adoption of the section.
 Upon a vote being taken, the section was adopted.
 Section 39 was read as follows:
 39 That this enumeration of certain rights shall not impair or deny others retained by the people; and, to guard against any encroachment 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 forever remain inviolate.
 MT. Lomax-I move the adoption of that section.
 Upon a vote being taken, the section was adopted.
 Mir. Lomax-Now, MT. President, I believe the proper course is to move that the article be engrossed and or dered to a third reading,
 MT Howze-I rise to a question of parliamentary inquiry. I do not un- derstand where they get that rule from, that 1t nnst he 0rdACed to q third read