The age-herald., 1901-07-09
Declaration of Rights Contained in the Present CORsti-
 tuition ReadOpted
QUARANTINE LAW DISCUSSED
Governor Jones Proposes Amendment Permitting Refugees From Infect ed Districts In Alabama to
 Stop in Other Parts State
BY FRANK HARVEY MILLER.

BY FRANK HARVEY MILLER.
 Montgomery, July s. = Especially - The convention began work today by rescind- ing the Cunningham resolution, adopted the other day, which provided that absent members should only draw pay when they had been excused on account of illness of themselves or some member of their fam fly. As Tom Long remarked this resolu tion has caused a great deal of sickness in the convention, and today probably as health measure. the resolution was re- scinded, and any old excuse will now be sufficient to get a leave of absence and full pay
 An effort was made this morning to re- consider section F of the declaration of rights, which authorized judge, for req sons fixed by law, to discharge a jury without a defendants consent and pro- viding that in such case the defendant could not plead former. jeopardy The convention, after some debate, refused to reconsider it, and a defendant will here after be unable to hang jury because 1t is not unanimous about hanging him.
 The convention also decided that the verdict of a jury must be as heretofore by twelve men, and not by nine. On Sat urday the advocates of the three-fourths verdict were equal in number with those who favored a unanimous verdict, but to- day they were 30 to S1. MT. White spoke in favor of the three-fourths verdict and MT Lomax and Mr. Weatherly both made able speeches against it. Tom Long also opposed it. He said he was opposed both to the three-fourths insurance clause and the three-fourths jury clause
 The afternoon session was devoted to adopting the remaining parts of the bill of rights, which were re-enacted substan- tially as in the old constitution. There was some debate over the amendment of MT. Pillans to prohibit the whipping of convicts.
 Governor Jones offered an amendment to prohibit refugees from epdemics being denied refuge within the limits of the State. This matter was discussed, but the amendment was thought to be legis- lative and was finally defeated
 The most important change made today in the bill of rights was to strike out that section which embodied the provi- sions of the fifteenth amendment to the constitution of the United States. There is hope that Congress may repeal this some day, and Alabama did not want to have her hands tied when that happy day arrived.
 Convention Opens.
 The thirty-nnth days session of the Constitutional Convention was called to order by President Knox at 10 o'clock Roll call showed 95 members present Several leaves of absence were asked for and granted
 The roll was then called to enable dele gates to introduce resolutions
 MT. Burns of Dallas offered an ordinance to prohibit counties or cities requiring license taxes from ex-Confederates who are unable to perform manual labor, this not to apply to licenses for the sale of liquor
 Also. a resolution to rescind pr. Gun ninghams resolution confining leaves of absence to sickness of delegates or sick ness in their families.
 MT. Burns moved suspension or the rules to put the resolution on its passage. This was done and Judge Cobb then spoke in favor of the resolution.
 Dr. Cunningham said that as matter of business the convention should not per init delegate to go home and attend to his private business at the expense of the State. He moved to lay MT. Burns resolution on the table. This motion was lost.
 Governor Oates said that Dr. Cunning hams resolution was not unprecedented. It had been adopted in Congress. If man could not discharge the duties of an office he should resign and get out
 Judge Cobb said that because a man went home for day it did not necessari- ly follow that he was not discharging his duties in the convsz--s--.@ He favored the Burns resolution.
 The previous question was then de- Imanded and the resolution was adopted. As soon as it was adopted the president announced two leaves of absence which had been asked for on account of sick ness This was greeted with applause, and several other leaves of absence were then granted, not account of sickness.
 MT. Grant of Calhoun presented a peti- ton from the printers of Anniston asking that the conventions printing be given to the union printers.
 MT. Spraggins of Madison presented a petition from the business men of Hunts vile asking that privileged tax be enacted.
 The committee on executive department reported favorably the Watts resolution to provide for the succession in the office of Governor in the event of his death prior to the next election of a president of the senate or speaker of the house. This fixes the succession first upon D. J. Meador, president pro tenn. of the senate and A. M. Tunstall, speaker pro tenn. of the house.
 The committee also reported a resolu- tion to pay E. l.. May for his services as clerk to said committee.
 Motion to Reconsider.
 Mir. Pettus of Limestone then moved to reconsider section 10 of the declaration of rights, which authorized courts for req sons fixed by law to discharge juries from $ha ell nf He thought ? jury should be discharged on the request of a majority of the jury and that the judge should not be allowed to discharge a jury against the protest of defend- ant.
 Governor Jones said he was in favor of . the purpose sought to be accomplished, but favored a reconsideration, as he thought the section might be improved on. It ought to be left to the jury and not the judge to determine when they phould be discharged. If six of the jurors