The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-04-28
THE ASSEMBLY HAS
NO POWER TO ACT
Cannot Legally Repeal the Act Calling a
Convention.
POINT RAISED BY MORGAN
Is Being Deeply Studied by Lawyers and
Politicians.
OPINION OF HON. W. S. TH0RINGTON
Dean of the University Law School
Holds That the Legislature Can
not Interfere in the Matter
People Must Now Act

Age-Herald Bureau, Hotel MADISON, Mont
gomery, April (Special)-Lawyers and
| politicians alike are still discussing Senator
John T. Morgan's proposition that the gen.
eral assembly has no power to revoke the
| constitutional convention act.
Hon. w. 8. Thorington, dean of the
university law school and former member
| of the supreme court, has been closely
studying the question, and he decided that
| the general assembly has no power to act.
Judge Thoringtons decision will have much
weight with lawyers on the question. His
| opinion follows:
writers upon constitutional law agree
| that when the constitution is silent as to
how a convention shall be called to revise
the constitution, the legislature, as the
body most nearly representing the sover-
eighty of the people, is the appropriate
body to take the initiative step to that end
by providing for the submission of the
question of convention or no convention to
vote of the people; that no action in this
respect, however, is not the same power
exercised by it in ordinary legislation; that
in so proceeding it does not enact laws but
proposes laws, and therefore its action is
wholly Independent of the governor. In
other words the ultimate object is to be
attained by a series of acts to be performed
separately and severally by the legislature,
the people and the convention. The action
of the legislature in proposing to the people
to vote on the question of convention or
no convention" is the initiative act, and
when performed by the legislature it's
share in the cedure is fully performed, its
power exhausted, and the irrevocable right
Immediately vests in the people to vote on
the question:; that the initiative act of the
legislature can no more be revoked than
could the people if it should result favora-
bly, to a convention.
The supreme court of Alabama in Collier
| VS.. Frierson, % Ala. Rep, seems to adopt
| the view that when the proposal is made by
| the legislature to the people to vote on the
| question, a right vests in the voters of
which they cannot afterwards be deprived
| by the Legislature.
The question is certainly an interesting
| one, and if the views we have expressed
| should be found correct our party and stale
| will be saved a contest before the called
| session of the legislature, which threatens
| the direst consequences.
''At all events, even If there should be
sufficient in the suggestion to raise doubt
| as to the power of the legislature to re-
verse It's dClIOH, IL WOulu oScii that Ihc
plainest dictates of prudence would suggest
| that the governor withdraw his call for the
special session of the legislature special
session called to perform an act of doubt
full constitutional validity would entail upon
the people consequences but little less dis
astrous, if any, than called session to Go
a plainly unconstitutional act"
The Mobile Resolution
The resolutions passed by the Mobile
Yesterday conforming Governor Johnston
| for his act in calling an extra session or the
| general assembly, have been much discuss
| ed here today. 1t was in Mobile county
| that the governor made his first attempt to
''work'' the committee, and his defeat there
| is a great disappointment to him. 1t is
rumored that the governor Is now attempt
| ing to have meeting of his friends IN Mo-
| bile to pass indignation resolutions at the
! committees action. This meeting Is pro-
| posed to be held Saturday.
The governor still refuses to give out the
| names of the thirty-eight democratic rep
| resentatives and eighteen senators VINO
| have pledged themselves to vote Tor repeal
| A leading member of the house, VINO passed
| though the city last night, said that he
| had been making poll OF the mousse anu
| that he felt absolutely sure that the ma
| iority against repeal in the house would pe
| fully as large as the governor counted for
! repeal.
| All of the prospective candidates for gov
| ernor, save one, having declared their po-
| sition in this fight, there Is much specuia-
| ton about the capital as to the position
| of Congressman Jess Stallings. The last
| heard from the congressman he was in
| Mobile county campaigning in quiet way
! and keeping silent on the convention ques-
| ton.
1t is said here that Governor Johnston,
| CONGRESSMAN Stallings and others are billed
TO speak at Scottsville, in Bibb county, one
| day next week. The nature of the meeting
| they are to address could not be learned.
some Ncwsy Notes
| The marriage of Mr.. Ollie Bartlett and
| Miss Matte Mae Mcqueen was so emnized
| in the First Baptist church at 1880 O'Clock
| this evening. 1t was one OF the most not
| able and fashionable weddings occurring
in Montgomery in recent years. Loth the
| bride and groom were reared in Montgom-
| ery and they are very popular in society.
| Miss MCQUEEN enjoys the reputation of be-
| ing one of the most beautiful young ladies'
in the south. Her picture has frequently
| appeared in the leading magazines as true
representative southern beauty The happy
couple will enjoy an extended bridal tour.
State Senator ]. II. Nunnellee of Dallas
was in the city this evening en- route home
from Bib county Senator Nunnellee
strongly opposes the repeal of the consti-
| tutiOnal convention ACT, dHu ne Ediu lhdt
he was coming to Montgomery prepared to
stay all summer, or until the governor met
his Waterloo.
Editor Percy Clarke-of Selma was also
In fine city. Mr. Clarke said that there were
no anti-convention democrats in Dallas;
tnat even John Burns, the Duke of Burns
Vile" had announced that though he was
still a Johnston man, he wanted a consti-
| tutlonal convention.
John Toole, aged about Is years, died al
| the residence of his parents In Madison