The Montgomery advertiser., 1901-07-07
DECLARATION OF RIGHTS
Several Sections of the Art
 icle Were Adopted.
Body Rejected Governor oates's Amendment Permitting Judge to
 Institute Prosecution When
 Grand Jury Refuses to Indict

The Constitutional Convention was in session four and a haK hours yester- day. No afternoon session was held. Several sections of the Declaration Of Rights were adopted and there was an interesting debate onf the jury system of Alabama. During the day the Com mittee on Exemptions. of which Judge A. c. Howze of Jefferson is Chairman, submitted its report. No change was made in the Article in the Constitution of 1875 on this subject.
 An amendment by Governor 0ates 10 Section g of the Declaration of Rights caused a lively debate. Governor Oates proposed to permit judges in Alabama to institute prosecution where a grand jury failed to indict. Some in- teresting remarks were made on tnis subject but the Oates amendment was tabled.
 Another interesting proposition came before the Convention in the shape VI the minority report of the ComHlt.ee on Declaration of Rights. It proVioes for a verdict by nine memoers oL fury in civil suits. The question was discussed at great length and on an ave and nay vote the Convention re- fused to table the minority report py a tie vote just before adjournment It promises to precipitate a lively discus- sion Monday morning.
 The CoAvention's Proceedings.
 The Contention met at s:So o'clock yesterday rmorning and was opened with prayer by Rev. DS. Patterson One hundred and eleven delegates re- sponded to the roll call.
 Mr Waddell of Russell. sent TorWafd n resolution that the body remam III session tintil 2 o'clock and adjourn un- Iii Monday morning. An effort vas made to make the resolution provr1S that the Convention adjourn unuI A o'clock Monday. but it was oeIeateu and the Waddell resolution was aoop.o oso ed. The Convention will meet a' ''s o'clock Monday morning.
 MT Merrill of Barbour. introduceo an orAinance which seeks to validate the acts for refunding the states in- debtedness. .or-
 Mr Snragins of Madison. sent Tor u,ard and had read a petition from the Tvnographical Union of Huntsville re- ouesting the Convention to, as lar ds nossible. recognize the union printers of Alabama. The petition was relesreu to the Committee on Printing Wncn will meet Tuesday evening 10 consiuet a similar petition from the unAo" printers of Birmingham.
 Cantain White of Jefferson, lntro- duced a resolution raising a Committee on Engrossment to have charge or en- xrossed bills. General Harrison of Lee. presented a resolution providing that the Secre- +orv shaIl deliver to the libraries or the Varions colleges of Alabama bound comics of the official proceedings or the Convention.
 Judge Howze of Birmingham. Chair man of the Committee on Exemptlons then sent forward the report or tna. Cnnoroittee It makes no change in the present Article on that suDJect anu re- turns all ordinances introduced.
 trhe pending question was section z of the Declaration of Rights, whlch was under consideration when the con vention adjourned Friday afternoon. A Aroendnents had been submitted seek ing to strike out that portion "hich makes a citizen out of those who have declared their intention to become citizens of the United States.
 MT. Lomax of Montgomery. Cnalr- ma I of the Committee, said since tnere was difference of opinion on the sub toat he would move to table the Sec tior and the pending amendments for ' The motion was adopted. ayes 4S. nays 42. .,., ;o,, ol,os ro change in the present Constitution, was then adopted without division.
 Section 4. the same as the present Constitution, which guarantees freedom of religious opinion and separates Gov ernment, state and Church was also adopted without division.
 Section 3, guaranteeing freedom of sneech and liberty of the press was also adopted. The Committee made one change which insures the privilege to all .snersons" instead of all "citizens."
 section 6, guaranteeing freedom from search yr seizure without process of law, was adopted:
 Relative to Change of Venue.
 Section of the Article precipitated considerable debate The Committee hal changed this Section from the old Constitution to as to provide the right of a defendant to testify in his own behalf and permitting motion for change of venue to be heard and de- tel mined in his absence.
 
 mitted a minority report to this Sec tion providing that the place where the crime was committed shall be stated specifically in the indictment. He ad- dressed the Convention in support of his amendment
 Mir. Smith of Mobile. spoke in sup mort of the Committee report. As a practicing attorney he declared that if the amendment was adopted 1t would be a serious bar to convicting crimi- nals.
 Messrs. Wilson of Washington and Williams of Marengo, spoke in support of the Committee report.
 MT. Duke of Chambers, favored the Baref1eld amendment He failed to see why a defendant on trial for his life, perhaps. could not have the same rights as a defendant in a civil suit
 On motion of MT. Reese of Dallas, the Barefield amendment was takIed.