The Montgomery advertiser., 1901-06-26
SECTION 31
 DISCUSSED Futile Debate Consumed
 Entire Day. THE EXECUTIVE ARTICLE Duties of Sheriffs Brought Out
 Much Argument. Delegates to Convention Voted Down Proposition to Provide for Fam flies of Officers Killed While
 Discharging Duty.
THE EXECUTIVE ARTICLE

While Shcriffs are expected to do their duty in protecting prisoners Tn their custody, even with their lives, If necessary to uphold the law. there are many who think that in requiring such a sacrifice of that officer. that his fam fly should be cared for by the Stae, and the debate on that question con stunned all the time of the two sessions of the Constitutional Convention yes- terday.
 The question was on a reconsidera- ton of the vote by which the Burns amendment was lost Monday afternoon The motion to reconsider provoked some debate. but was finally adopted.
 Governor Jones then offered a sub- stitute to the Burns amendment, which was adopted.
 The debate on the section had not been completed when the hour Of ad- journment arrived, the time being ex- tended to allow Governor Oates to con clude his argument against 1t.
 Judge Cobb of Macon, desired to leave the matter discretionary with the General Assembly and motion to table his motion was lost.
 A motion by MT. Weatherly of Jef- ferson to table the section and the sub- stitute was also lost. =
 Judge Coleman of Greene, thought there was no remedy in law and that the matter was already within the dis erection of the legislature. He thought there was no need for any such action.
 Ordinances were introduced as fol- lows:
 Br. MT. Bulger of Tallapoosa-That articles be considered as they are re- ported from Committees
 By MT, Rogers of Lowndes--That the legislature shall charter and regulate banks with $l0o,0 900 capital.
 By MT. Carmichael of Coffee-Au- thorizing the Secretary of State to have the proceedings of the Convention
 By MT. Cobb of Macop--ro correct errors in the stenographic report pri-
 Bv Mir. Jones of wiIcox-That no amendment shall be added to an Arti- cle when the legislature already has
 By MT. Kyle. of Etowah-To regulate the formation of private corporations.
 By MT. Thompson of Bibb-To create A tax of 2 1-2 per cent on inheritance to go to the public schools.
 Afternoon Session.
 The roll call developed the presence or lO5 delegates when the convention re- convened at o'clock.
 The discussion of the proposition to compensate the families of Sheriffs, Deputy Sheriffs or members of posse killed in the protection of prisoners consumed a large part of the after noon session and it was finally lost by the close vote of 62 to 6S'
 4R yo nrn0fnd some laughter during the afternoon session bv introducing an ordinance providing that the State Capitol be removed from Montgomery to Birmingham: It sets nut that since the Alabama Press AS sociation has passed resolution re- lievfng delegates of the pledge or the Democratic party that the convention is not bound to regard the pledge to allow the Capitol to remain in Mont gomery. he referred to the Committee on Con- sistency." and the President referred St to the Committee on Order, Consis- tencv and Harmony of the Whole Con- stitution.
 Soon after the Convention assembled fudge Coleman of Greene began an ar- gument against the amendment to the article on Executive, providing for compensation for law officers killed or permanently disabled in the discharge of their duty. He said the Convention was travelling into the domain of legis- lative matters. No other State had such a clause in it's Constitution. Il had nothing whatever to do with the Executive Department and Judge Coleman said he hoped the section would not be adopted.
 MT. Dent of Barbour opposed the Burns amendment which seeks to pro- vide for families of a sheriff killed in the discharge of his duty. He said he could not support the amendment be- cause the new Constitution did mol impose new duties upon a sheriff.
 Governor Jones spoke in favor of the amendment. Answering Judge Cole man, he said that there were legisla- tive matters in all Constitutions, but when a matter was of great import ance it was put in the Constitution as q permanent policy. The sovereign peoale have a right to demand of the State compS S4sation for sheriff if he be shot down in upholding the law.
 Mir. Boone of Mobile, argued against the proposition. He saiSAae was op- posed to the whole matter and declared that if left to the General Assembly it would be open to vicious legislation
 MT. Williams of Marengo. moved the previous question which was adopted and Governor Jones demanded the ayes and nays.
 The first question was on the adop- ton of the amendment of Judge Cobb of Macon. which leaves the matter to the discretion of the General Assem- bly, This amendment was adopted by the close vote of 6S ayes to 5s nays.
 The question then recurredN upon Section 31 as amended by Mir. Cobb which. upon a vote of 62 ayes and 6S noes, was lost and the Convention re- fused to add Section S1 to the Article
 Mir. Smith of Mobile. in behalf of the Committee on Rules, reported favor ably a resolution by General Harrison of Lee, that speeches on amendments to Committee reports be limited to five minutes.
 General Sanford of Montgomery spoke against the adoption of the re- port of the Committee. He character ized it as an attempt to gag the peo- pIe. He said the Convention was oi loo great importance to limit debate on khese great questions.