The Montgomery advertiser., 1901-07-20

'. A vote was taken and a division called for, and by vote of ayes 5s. noes 3s, the Convention refused to sus-
 MT. O'Neai--You cannot gag us all the time.
 The question recurring upon the amendment as amended. vote being taken, it was adopted, and upon fur ther vote, Section 29 as amended was adopted.
 Mir. Lomax-I rise to a point of or der.s A motion to reconsider the vote | by which the substitute was adopted having been made to be considered to- morrow morning. it was not in order to vote either upon the substitute or the original section.
 MT. deGraffenieid-Thep point of order comes too late.
 MT. Wilson (Clarke)-I desire to di- rect the chairs attention to the last section and Rule 27. A motion to re- consider is subsidiary or an incidental moticn. and does not go over until to- mori ow. but should be considered forth with. An amendment to the section is merely a subsidiary motion.
 MT. Bulger-I rise to a point of or der.
 Mir. o'Neal--That is not an inciden- tai motion.
 MT. Lomax-I submit I made a point of order before the point of order made by the gentleman from Clarke, that you cannot make a point of order on a point of order, and his point of order, even if .l could be entertained is not germane to the proposition submitted by me, and therefore l am entitled to a ruling upon my point of order. This action should not have been taken, be- cause of A motion to reconsider has been gwen.
 MT. O'Neal-I desire to call the at- tention of the chair to what consti- tutes an indicental question. Inciden- tai questions are such as arise out of other questions and consequently are to be considered before the questions which give rise to them. Of this na- ture, first, are questions of order; sec ond. motion for reading of papers; third, leave to withdraw a motion; fourth, suspension of a rule. and fifth, the amendment of an amendment. Now, this was net an amendment of an amendment but a substitute. It was a substitute for the original section.
 Mir. Oates-The point of order is not correct anyway, without regard to the time at which the point of order was made, point of order is where mo- tice has been given on the adoption of
 
 thing in regard to that section. That cannot be true. It would put it in the power of any man at any stage. to give notice that any such amend ment had been adopted and to move the previous question, move 60 recon sider, and it would unfortunately dis turb business. That is not the correct rule at all with regard to the matter. I have no objection to his having the motion to a reconsideration on tonor- row or at any time the session deems proper, but that it not the correct one to go on to perfect the section and the motion to reconsider reaches the whole thing whenever it is made, but notice of a motion to reconsider now does not stop the consideration of this section at ali.
 MT. Lomax-In view of the re- marks of the chairman of the committee, would like to be beard on my point of order. The rules are upon notice being given of motion to reconsider. that that motion shall be considered in the morning hour of the next day; that Is, the rule of this Convention now, then, the Convention refused to suspend the rules in order to entertain that motion just moment ago, so undev our rules 1t Is impossible for a motion to reconsider to De con sidered until tomorrow morning. That motion to reconsider was made upon the adoptioon of the substitute or the gentleman from Mobile, for the supsu- tute of the gentleman from Dallas, to the original section. Now, II the con vention goes on. notwithstanding the motion to reconsider has been given, and adopts a substitute. then adopts the substitute as substituted, and then adopts the original section, l submit that action necessarily cuts OH the mower of this Convention to consider on tomorrow morning a motion to re- consider, of which notice has been given. So that If that be true, the mo- tice of a motion to reconsider IS apso lutely useless and has no eHect' 90 do not think that a very proper course for the Convention to pursue when notice of a motion to reconsider mas been given and the House has retuseo to suspend it's rules to consider thdl motion. to reconsider is to sus- nend action upon the sectloh upon which that amendment IS pending until the time at whlcn tna' motion to reconsider can De hearu. There can be no other talr or Just oL equitable rule in this body II the rules stand as they are written. l suoiitle to that the other votes ought not to oe
 
 ation has been determined. it,
 Mr Jones (Montgomery)-l Wouiu like to ask the gentleman from Mont- gomery a question. Suppose tnIs HGc- fion Is adopted and We reconsloer tne amendment tomorrow. What would ce accomplished by 1t? oo,,-
 Mr. Iomax-We have no rlgnt lo con slider 1t if it is adopted; if the section is adopted, we have no rlgnt 10 con slider any amendment to that Sectlon nor the motion to reconsider the vote by which it was adopted. It IS merely a perfunctory performance.
 MT. Reese-Suppose some man gave notice on every amendment that was lost here during the whole day. Would the Convention have to stop It's work and could not adopt single Sectlon because a notice has been given that inc same amendment would be recon sidered? l..
 Mir. LomaX-No sir, it would not, De- cause the Convention would then very properly suspend the rules ana con slider notions to reconsider and not have that sort of business to interfere with the Convention.
 MT. Macdonald-I rise to queStloh of parliamentary inquiry.
 The President-The Chair will enter tain it, if it Is in the nature Of sug- geston. -
 Mr. Macdonald-It is in the nature of a suggestion. I was under the lm- pression this Section has been submit ted and adopted by vote before MT. Lomax ever raised his point of order