The Montgomery advertiser., 1901-07-23
bFFICIAL REPORT OF THE PROCEEDINGS OF THE CONSTITUTIONAL CONVENTION OF ALABAMA

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 MT. o'Neal--Is not this section in the exact language of the C0nstitu- tion of 1875?
 Mir. oates-I think 1t is. with the ex- ception of striking out ten and insert ing twelve.
 MT. o'Neal-Did that section ever give any trouble?
 MT. Oates-Not at all; but when we changed the time of the Legislature to once in four years, we thought it best to lengthen the time for the codifica- ton of the statutes.
 | Amendment by Mir. Walker (Madi- son): Tt shall be the duty of the Leg islature to make provision by law for the revision, digesting and promulga- tior of the public statutes of the State of a general nature, both civil and crlm- inal. every twelve years"
 MT. Watts-I wish to offer a substi- ute.
 The Secretary read the substitute as follows;
 Ut shall be the duty of the Legisla- ture in 1906, and within every subse- quent period of twelve years. to make provision by law for the revision, di- geSting and promuigation of the public statutes of this State of a general na- ture. both civil and criminal"
 The President-The question will be upon the adoption of the substitute by amendment of the gentleman from the gentleman from Montgomery to the Madison.
 MT. Ashcraft-The objection to the substitute is that 1t requires the Legis- lature to make that provision in 1906. whereas there may not be a session of the Legislature in that particular year.
 MT. Watts-There is the amendment l nfforod hx he uoptlcrpan from MQdi- son will leave it elastic. so that within a period of twelve years from 1896 they make the codifcation and adjust it to the particular year in which the Legislature may meet. The last codi- fication of the laws of this State was in 1896. The Legislature will meet in 1906, which will be ten years from the last. and the Legislature will thereaf- ter meet every four years. It thus pro- vides for a codification in 1906. ten years from the last order of codifica- tion: thereafter 1t will be twelve years.
 The President-The question is on the substitute of the gentleman from Mont gomery.
 MT. Sentell--I do not know what the purpose of the Committee was, but 1t strikes me that 1t would be very nec- essary after the adoption of this Con- stitution to have a revision and a CO., diciation of the laws. for certainly this Constitution is going to change a good matter whether ten years has elapsed since the last revision or not. It would be a very proper thing. 1t seems to me, for the first legislature after the adop- tion of this Constitution. to do that work. and then every twelve years. if necessary. thereafter. This Constitu- tion is going to make a good many changes in the laws of Alabama. new laws will be made and old ones chang ed to fit this Constitution. and it would be very inconvenient if we had to wait until 1906 before we got the benefit of that in the new code. so think 1t would be eminently proper that the very first legislature after the ratifica- Ption of this Constitution. should attend to this matter and then let us have the benefit of 1t in the new code. and every twelve years thereafter
 MT. Eyster-I move the previous ques- tion upon the section and amendments.
 The President-The gentleman from upon the pending amendment and sub- stitute. The question is. shall the main question be now put?
 The main question was ordered. MT. Oates-I only wish to add to what have said correction of the apprehension of some of the delegates Now. my colleague from Montgomery speaks of the meeting of the legislature in 1906. and having a new code right away. That is impracticable. It takes after the act is passed through the General Assembly, good active years work. and 1t Is frequently extend ed to two years. and I know that un- der the last act of 1894-1895 just after had the honor of being installed as Governor, the duty devolved upon me to name a codifier, and I ramed, I am glad to say, a very efficient one. who did his work thoroughly. but though he worked faithfully. and had efficient as- sistants it was only ready to be pass ed upon. and accepted by the next leg iSlature. If we wait until 1906. and the legislature then passes an act, as it would under this substitute. why it would be later and 1t would take a special session of the legislature-and with four years sessions, before the new code could go into operation and therefore I am inclined to think that the section had better remain as re- ported.
 Mir. o'Neal-Allow me to ask a ques- tion?
 The President-wn the gentleman yield?
 Mfr. Oates-Certainly.
 Mir. O'Neal-Isn't there really more necessity for codif. cation after the rat ification of the present Constitution then there was after the ratification of the Constitution of 1875?
 Mir. Oates-I don't think there Is, but there may be necessity. 1t Is true. Mir. O'Neal-Isn't 1t a fact we are making more changes in this Consti- tuition than that made in the Constl- tuition of 1875?
 MT. Oates-Yes. Greater number. MT. ONeal-And If a necessity ex- isted then. I see no reason why the necessity Is not greater now than il was then.
 MT. Oates-In view of the fact that 1t will take probably two years, or the better part of 1t. to complete the work after the act Is passed, I think that del. gates need not apprehend a too speedy production of the qualification under this section as reported, and therefore am inclined to think that it is better to report it. although I am not welded to 1t. to any particular idea. except tc carry out the main one which is that once in every twelve years, there shall be a codification of the statutes. II was thought by your Committee that with that simple amendment, striking out ten. and substituting twelve. that the object would be accomplished. | Mir. O'Neal-I move to lay both the amendment and substitute on the table
 The President-The gentleman is not in order. the previous question has been ordered.