The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-04-25
EXTRA SESSION
MAY FALL THROUGH
Has Legislature Power to Repeal Con-
YOntiOn Act.
INTERESTING POINT RAISED
Senator Morgan Says It Must Now Go to
the P6Gpe.
las PUT LAWYERS TO THINKING
The Governors Organ Gives Promi-
nence to the Question, and it is
Thought That Jodie is Look
ing for a Loophole.

ASe-deralQ bureau, f1Olel hdpSoll, OhoAt-
gomery, April 24.-(Special.) "A very inter-
esting question has been raised here to-
day by one of. the most prominent law
yers in Alabama This lawyer holds that
the legislature has no power to repeal the
act providing for the holding of a con-
stitutonal convention.
The question was really raised by Sena-
tor Morgan in his telegram to the state
committee last Friday. A very able at
torney, an ex-member of the supreme
court, wrote the following article on The
subject, which was printed editorially in
the Evening Journal:
Senator Morgan's Point
las to the form of proceedings, the
legislature has exhausted it's powers in
taking the first step in revising the con-
stitution, and the people have the right
to act The first step is irrevocable as
any that are to follow"
1.-THE above is an extract from the tel
egram which Senator Morgan sent to
the state executive committee during it's
session in this city on Friday last. By
this language the senator lays down the
now repeal the act submitting the call
for constitutional convention. That
even if assembled in special session, 1t
would be powerless to undo what has
been done, and any repeating act would
be unconstitutional and void; that the
submission of the call to the people is a
thing done, so far as the legislature is
concerned and irrevocable. That the
part of the legislature is to initiate the
mr.
next and only step after that is for the
people to act.
1.-THE senator's language is terse and
compact and If he is correct, then the
: call for a special session falls to the
ground of its own weight, as being for
consideration of question over which
the legislature has no jurisdiction or
power whatsoever.
1.-THE Journal does not know whether
Senator Morgan's Interpretation of the
law and the constitution is correct. But
he raises this new question, question
in the last degree important and serious
as well as sensational.
1.-THE singular part of 1t all is that of
all the judges and lawyers and legisla-
tors and learned editors and deep COM
mitteemen who have been proposing to
make a new constitution, not one Of
them has thought of the most serious
question. 1t has never occurred to one
of them. And, curiously, too, at the
meeting on Friday, though Senator Nor
gan raised the point before their very
eyes, every man of the learned advo-
Gates of convention was too stupid
or too intent on denouncing the COVER
nor, to catch on.
1.-THE Journal understands that several
lawyers have, since reading the sena-
tors telegram, looked into the law books
somewhat and have reached the opin-
hot he fc rfobf oh
that the issue of the call was a matter
for the legislature solely, acting not as
lawmaking body, but as representa-
tives of the people. And further still,
that the act should never have been
submitted to the governor In the first
place, that he had no province or power
in connection with it, that his approval
was not necessary and his veto would
have been a nullity.
"Of course, this new question Is being
thoroughly investigated"
Looking for Loophole
The fact that the article was printed as
credence to the story that the governor Il
taking this as a short way out of his diem
ma in having called the extra session, an6
then having the extra session to "sit dowr
on him."
The story comes from good authority thai
the governor is now receiving letters from
members of the general assembly who were
pledged to vote for repeal of the constitu
tional convention act, that they cannot nov
do so in the face Of the action of the demo
cratic committee last Friday.
This story is given me by close persona
and political friend of the governor.
1t is the general opinion here that the
governor has lost out on the extra session
proposition. E. e. KERSH.