The Montgomery advertiser., 1907-04-03

= ~-sS " A4S0 AoCSs anu ln0 UiVuCy S0A~ iected from persons of the coiored racs may hx law be applied exclusively to the education of children of the col- cred race. or any provision equivalent Mr. Hundiey sintroduced said resolution as averred by him in said pamphlet; cn the contrary, by reference to pages
 Of S! AiSSsmsp spSsna So~ i E. lsss t appears that the said House Joint Resolution was introduced by MT. Hen-
 The oniy Joint Resolution or other measures providing for amendment to Section of Article xI of the Con- stitution of Alabama introduced into elther branch of the Legislature of lows:
 on November IS. 1890. Mr.. Hundley introduced Senate Joint Resolution No. ? of sr,icie xI. of the constitution nal Of the Senate of Alabama, 1s90-s1)
 asnsd cssdsd copy Of which is hereto which contains the following proviso
 Provided. that the money collected De applied exclusively to the education or children of the white race and the money collected from persons of the black race shall be applied exclusively to the education of children or the black race"
 On motion, of Senator skeggs Ga con- servative Democrat now Probate Judge in this city) the said Senate Joint Res- olution was amended by striking out the above proviso, and, on motion of senator Wiley, of Montgomery County. tabled. lCerttifed copy. of Senate pro- cedings hereto attached, marked Fix hibit No. ID
 On November IS, 1892, MT. Hundley introduced Senate Infnt l, proposing amendment to Section 2, Of Article xi. of the Constitution of Alabama (see page 66 Of the Journal certified copy of which is hereto at- tached. marked Exhibit No g." which containedf the following proviso; from that the the mSney collected by law be applied exclusively to the education of children of the white race and the money collected from persons piled exclusively to the education of children of the co1ored race"
 This said Senate Joint Resolution No. 1 passed the Senate by the re- being: yeas IT, nays 8, on Nov. 25. 1892. It also passed the lower House of the Alabama Legislature (see Acts of the Legislature of Alabama, 1s92-93, page Governor Thomas c. Jones (now Unit ed States Judge for the Northern and Middle Districts of Alabama, with tamong others) the following objec- tions poitned out:
 T deem 1t my duty, however. to sug- gest that the. proviso that the money collected from persons of the white to the education of children of the white race; and the money collected from persons of the colored race may by law be applied exclusively to the education of children of the colorsd race will, in all probability, result in the amendment being declared void by the courts, if adopted at the polls.
 The Constitution of the United States, which is the supreme law of the land forbids the benefits or protection or government from being apportioned ono on race lines, or or accorded the races in or the amount of taxes which each
 .(see page 4ss.s5. Journal of Senate sage.) This said proposed amendment was, on August 6, 1894, voted upon at general election and defeated"
 On November IA. 1894, after .he de- feat of the said proposed anne nement to the Constitution of Alabama, MT. Hundley introduced Senate Joint Res olution No; 3, proposing amendment to Section of Article XI. of me Con- stitution of Alabama "a certified copy of this resolution cannot be obtained from the Secretary of State without delay) but 1t contained the following
 Provided, that the money collected from persons of the white race. shall De applied, exclusively to the educa- the money collected from persons of the colored race shall be applied exc luz sively to the education of the children of the colored race"
 This resolution was lost in the Sen- ate of Alabama by a vote of yeas IS, nays 12, Mr. Hundley voting in the af- firmative, (see Journal of the Senate of Alabama, 1S94-95. pages g. 103, 11s.
 On December 5, 1895, MT. Hundley again introduced substantially the same resolution of November IA, 1894. pro Article xI. of the Constitution of Alabama. designated Senate Joint Res- olution No. 176. including the proviso dividing the school fund provided for portion of taxes. paid by the white and black races. This Joint Resolution was lost in the Senate. yeas 2, nays 22. MT. Hundley voting in the affirm ative, (See Senate Journal, pages 2l3 and 237.)
 have been unable to secure a copy or this resolution The same cannot Journal only available evidence.
 On 1890. MT. Hundley champion ed Senate Joint Resolution introduced in the Senate of Alabama by w A. iHandley of Randolph County, propos- ing amendment to Section 2 of Ar ticle XII of the Constitution of Ala bama, substantially identical in its provisions for the division of the school tund between the races with resolu- ti9rs tions Introduced by MT. Hundley as cited above. This resolution passed the Senate but failed in the House, tSee page 10S, Journal of the Senate of Alabama.)
 It thus apears that MT. Oscar R. Hundley introduced four Senate Joint Resolutions proposing amendment to Section 2 of Article XI. of the Constf- tuition of Alabama in the Legislature of Alabama, each one providing that the monuey collected from white per- | sons may be applied exclusively to the education of white children and the money collected from colored persons may be applied exclusively to the ed- | ucation of colored children.
 In the pamphlet referred to above. addressed to the Judiciary Committee or the United States Senate, MT Hund- | I've lays stress uron the language, May be applied" used by him in one of the Joint Resolutions referred The Su- | preme Court of Alabama has uniformly held that the word may" when used in statute means must or shall in tho2e eases where the public interests or rights are concerned. (See ex parte Sinonton, Port, 300; Tarver vs. Commisstoner's Court, IT Ala, 527)