The age-herald., 1901-07-07
Several Innovations Suggested in Amendments, But All
 Were Lost THE DECLARATION OF RIGHTS MT. Ferguson Offered an Amendment Authorizing the Commencement of Criminal Prosecution on Informa-
 ton as to Lynchers.
BY FRANK HARVEY MILLER.

BY FRANK HARVEY MILLER.
 Montgomery, July 6. - Especially = The convention today adopted nine sections of the declaration of rights and was consid- ering section 12, which retained the pres ent jury system, when the hour of ad- Journment was reached.
 There was a minority report of the committee, which authorized three-fourths of the jury in civil case to render verdict. This is an innovation in the jury system which has been adopted by many of the states. A motion to table this mi nority report was lost by a tie vote of 4S to 49, so the conventi~a seems pretty evenly divided on the question. It will come up again on Monday.
 Another change in the judicial system was adopted today with a view to pre- vent lynching. This allows defendant, provided he is In jail, to apply for a change of venue without being present in court at the time the application is made and determined.
 Another change was suggested by MT. Reese of Dallas. This was to allow judge to clear the courtroom of all per- SOLS not aCludLly e1lBdSeu III lIie tr1dl OI the case where cases of criminal assault and similar crimes are being tried Under the present law all trials must be public. The convention rejected Mir. Reese's amendment, which also was suggested as a means to avoid lynching, one of the chief arguments used in their favor be- ing that the victim was thereby relieved from the trying situation of testifyin.s tN -n->ahnc trial, .,s- The convention also turned down proposition of MT. Ferguson of Jefferson not to require an indictment in cases of grand larceny. Mir Ferguson illustrated the present workings of the law and it's cost to the State, and showed how a large sum could Joe saved to the State without hardship to the defendant by adopting his amendment, but the convention, as stated, voted it down.
 It was an unlucky day for amendments. One by Governor Oates to allow the judge to order a criminal prosecution to he commenced on information in a felony case where the grand jury had failed to act was also voted down. This was also aimed at lynching, the idea being that grand juries would not prosecute lynch CTS and to allow the judge to do 1t on information.
 
 Judge Howze of Jefferson is chairman, made it's report today. It re-adopted the present article on that subject.
 The sections of the declaration of rights adopted today were sections B. 4, 5, 6, ', 8, g. 10 and Il, all of which are the same in the present constitution except the change of venue allowed by section T. Section 2, which declares who are citi- zens of Alabama, was, after some de- bate, laid on the table.
 Convention Opens.
 The thirty-eighth days session of the constitutional convention was called to order at 9:30 o'clock by President Knox. Roll call showed Ill members present.
 MT. Waddell of Russell offered a reso- lution to remain in session today until ? o'clock, when the convention should ad- Journ to meet at 10 o'clock Monday The rules were suspended and the resolution adopted.
 Mr. Merrill of Barbour offered resolu- ton that the acts passed by the Legisla- ture on February IS, 1895, and February 16. 1899, to authorize the consolidation of the State debt, be declared valid.
 MT. ONeal of Lauderdale offered a resolution to have two additional electric fans placed in the hall.
 Mir. Sentell of Crenshaw offered a reso- lution to prohibit per diem to absent
 
 themselves or families.
 MT. Spraggins of Madison presented petition from the Huntsville Typographi- cal Union No. 422 to have preference giv- on the union in matters of printing.
 MT. White of Jefferson offered a reso- htion to have a committee of five ap- pointed to see that articles adopted are properly engrossed.
 Also to require 300 copies printed of 0very article when adopted.
 MT. Harrison of Lee offered resolu- ton to have copies of the stenographic report furnished the State University and other schools and colleges in the State. The committee on exemptions made it's report, recommending that the present article on exemptions be re-enacted just as 1t stands in the present constitution.
 Declaration of Rights.
 The convention then took up the pend- ing question which was section of the declaration of rights This described who were citizens, and contained a clause that foreigners who had declared their intention to become citizens were entitled to equal civil and political rights. General Sanford moved to strike out this clause, and some debate followed between him, Judge Coleman and Mr. Lomax as to the meaning of political rights and the effect this clause would have on the right of suffrage.
 MT Lomax, chairman of the committee. asked unanimous consent to accept the amendment. Objection was made and he then moved to lay the section as amended on the table. This was done by vote of 49 to 42.
 Section was then taken up and adopted. This reads as follows:
 Section g. That all political power Is inherent in the people. and all free gov ernments are founded on their authority, and instituted for their benefit; and that therefore, they have at all times an inalienable right to change their form of government in such manner as they may deem expedient.
 Section four was then adopted as fol- lows:
 Section 4. That no religion shall be es- tablished by law; that no preference shall