The Montgomery advertiser., 1901-07-09

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 Mr. Heflin (Chambers)-wasn not that explaining your position without leave from the House?
 Mr. Jones (Montgomery)-I don't think 1t was.
 MT. Heflin (chambers)-I think 1t was.
 The Presidential seems to the Chair there is nothing for the Chair to rule upon.
 MT. Graham (Talladega)--Just one word. not to prolong the matter.
 The President-Does the gentleman rise to a question of personal privt- lege?
 MT. Graham (Talladega)-I do.
 The President-The gentleman will state the question of personal privi- lege-
 MT. Graham (Talladega)-I wanted to correct the statement of the gentle man from Chambers in one particular. The President pro tenn did not hold chat this point of order was frivolous. but the Chair mentioned fa the an- nouncement that it was not well taken.
 MT. ffeflin (Chambers)-I dislike very much to call the distinguished gentle mans attention to the fact that the gentleman from Montgomery said that 1t seemed to him to be frivolous and the gentleman from Talladega said, ''and the Chair so rules"
 The President-The special order will be the consideration of the report of the Committee on Preamble and Dec- laration of Rights The Secretary will read the next section of the report.
 Section 13 was read as follows:
 Thirteenth-That in all prosecutions For libel for or the publication of pa- pers Investigating the oficial conduct of officers. of men in public capacity, or when the matter published is proper for public information. the truth there of 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.
 MT. Lomax-There is a verbal error In the printed copy which might mis- lead some gentlemen. In the first line, after the word ''libel' the word "for'' Is placed before "or;" 1t ought to be 'or for the publication of papers,"
 The only change in this Section, MT. President, Is that the words flor libel' are inserted before the words "for the publication of papers Investigating the official conduct of public officers," and it permits the truth of the charge to be given in evidence in prosecution for libel. l move the adoption of the Sec tion.
 Mir. Cunningram-But before taking that vote, I desire to ask the Chair man of the Committee if it Is the rule of practice in most civil suits or suits for damages, islander, etc., that the jury has to determine the law or does that apply to this special character of suits!
 MT. Lomax-That has been in every bill of rights in reference to libel, that {! know anything about. In reality 1t as legal fiction, but 1t has been there So long, nobody ever disturbs 1t. The jury in reality, in libel case. decides Just like they do in any other case.
 The President-The question is on the motion to adopt the Section.
 Upon vote being taken the Sec- tion was adopted.
 Section IA was read as follows:
 Fourteenth-That all courts shall be open; and that every person for an injury done him, in his lands, goods, person or reputation, shall have a rem edy by due process of law; and right and justice shall be administered with out sale. denial or delay.
 Mir. 'Lomax-There is no change in that Section and move the adoption of the Section.
 Upon vote being taken the Section was adopted.
 Section Is was read as follows:
 F1fteenth-That the State of Ala bama shall never be made a defendant In any court of law or equity.
 MT. Lemax-The same proposition applies to that Section, and move khe adoption of the Section. Upon a vote being taken the Section was adopted.
 Section 16 was read as follows:
 Sixteenth--That excessive fines shall hot be imposed, nor cruel nor unusual punishments inflicted.
 MT. Lomax-There1 no change made In that Section.
 Mr. Pillans-I offer an amendment.
 The amendment was read as follows:
 Amend Section Is of the Declaration H Rights. Article I. of the Constitu- lion, by adding thereto the words fol- lowing, to wit: And that 1t shall not be lawful to use the lash upon or whip pr flog any person held to labor under conviction for crime or misdemeanor in this State.
 The President-The question is on the adoption of the amendment proposed by the gentleman from Mobile.
 MT. Pillans-It is with great reluct- Rnce that I offer an amendment to an old Section of the Bill of Rights, and did not take it that there was a se- Tious need for protection to be af- forded by this Constitution to an un- fortunate and unhappy class of our fel- low beings in this State, I would not have offered 1t. But I think that the history of the present administration of the convict camps in this State jus tifies the amendment. It is a fact known to all observant men, that not only are those who are convicted of felonies, either grave felonies or the lesser felonies, hired out at slaves, treat ed as slaves, whipped sometimes like dogs, but that this is done with those who are guilty of the most ordinary misdemeanors. It seems to me that 1t would appeal to any man of good feel ing and humanity to do something to prevent this evil from continuing in this State. Now. MT. President, I will say, and I say it without the fear of successful contradiction
 MT. Coleman (Greene)-Let me ask you a question. Does not Section 16 apply to punishments inflicted after sentence upon conviction, and none other1 AAlI
 Mir. Pillans-I think it does.
 MT. Coleman (Greene)-Don't you propose to reach assaults and batteries committed in the punishment inflicted by parties in control?
 Mir. Pillans-That is precisely what l propose to reach and l am not par ticular about where 1t comes in.
 MT. Coleman (Greene)-One more question. Are not these parties in con-