The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-04-26
viii Not Bow to What H6
Terms "LObDu."
FORMED BY THE COMMITTEE
Compares Coming Mass Meet
ing to PalmeriteS.
WANTS TO THINK FOR PARTY
Says Legislature Has Right to Bepeal
the Call.
AND LOBBY" WILL HAVE NO TERROR
Former Attorney General Fits and So
Iicitor Ferguson Side With MIR.
Morgan in the Opinion that
Legislature Cannot Re-
peal the Call.
AND LOBBY" WILLHAvE NO TERROR

Governor Johnston has no intention of re-
voking his call for an extra session of The
legislature. A rumor to this effect was Cir
culated among politicians yesterday, and
was backed up by information contained in
private letters from Montgomery The fol-
lowing statement given to The Age-Herald
through it's Montgomery correspondent by
the governor just as he was leaving his
office late yesterday afternoon effectually
discredits this rumor:
81 have received replies from fifty-five
members of the house who say they are
for an extra session and repeal, and
from twenty-seven who say they ara
against a repeal. The remaining four
teen in doubt. OF the senators
eighteen have assured me they are for
the extra session and repeal, and that
five are against repeal. The remaining
seven are doubtful. OF the fifty-five
representatives who favor repeal, thirty
eight are democrats. OF the eighteen
senators fourteen are democrats. OF
those who are in doubt in both houses
all are democrats and all voted for the
original bill. That some of them will
vote for repeal, have no sort of doubt.
OF all the fifty-five representatives and
eighteen senators who advised an ex-
ira session and repeal, not one has
weakened since the indignation meeting
of the candidates for office held In this
city on Saturday last. Not one has tele-
graphed or written me line to the ef-
feet that he has changed his position,
nor have l heard indirectly of any one
who has done SO.
"Nor do L believe that any one of them Will
forget his high and solemn duties as legis-
lator elected by the people and sworn to serve
them, as to yield to the clamorOus lobby now
being organized by a committee which is ar
rogating to itself the right of thinking for all
democrats"
"As to the lobby which Is proposed to
gather here under the guise of mass
meeting of democrats, they will find
themselves In the midst of community
hostile to their pretentions and unfor-
getful of the time less than three years
ago when the little knot Of Palmer and
Buckner supporters who are now urging
the democratic party to division and dis
aster, were on the streets escorting ne
groes to the polls to kill the votes of
white men. lobby under such leader
ship has no terrors for any member of
the general assembly, be he democrat,
populist or republican
Gas to the right of the general assembly to
repeal the act, personally have no doubt.
There Is nothing In the constitution forbid
u1DS bntS, anu tfo i6S mas 'ah authoA-
ty not denied it by the constitution of the
state or the United States"
.'The question will be considered fully
by those competent to reach a correct
conclusion. The proposition that the
members cannot draw their pay and
mileage will be solved by the auditor
issuing his warrants when the members
call for them"
Talk About Morgan's Point
The question raised by Senator Morgan
in discussing the constitutional convention
question created considerable comment in
Birmingham yesterday. The point raised
is that when the legislature had passed the
law and submitted the question to the peo-
pie as to whether or not we shall nave
constitutional convention 1t had nothing
more to do with it and could not repeal the
act. It is held by many prominent law
yers that 1t was entirely unnecessary for
the legislature to pass an act; joint reSo-
luton would have been sufficient.
The present constitution of Alabama Is
very indefinite on the subject, and gives no
directions whatever as to how the general
assembly must proceed. Section 2, article
IT, in which is given all the law on the sub
ject, reads as follows: mo convention
shall hereafter be held for the purpose OF
altering or amending the constitution of
this state unless the question of conven-
tion or no convention shall be first submit
tod to a vote of all the electors of the
state, and approved by majority of those
voting at the election"
Section / of the same article prescribed
the manner in which the constitution shall
be amended, but is silent on the question OF
holding new convention.
A number of leading attorneys were seen
Yesterday and asked for their views on the
question, but all were 10th to give an lopln-
ion without Investigating the matter thor
oughly.
Very Little Law ON Subject
''This question has never come UP in but
one or two states and there is very little
law on the subject" remarked lawyer OF
prominence. "There was case however,
before the supreme court of North Da-
l.