The Montgomery advertiser., 1901-06-01


 10 work. We will have something up- sn which to build. For instance. take the exemptions
 Mr. wiiiett-who is to decide wheth- s- .s amends the Constitution. or whether 1t is new?
 MT. deGraffenried-It does not mat Der. The Convention has the power to determine. The Convention determines all questions before it.. We have . presiding officer who rules upon all questions, but if his ruling is incon- sistent with the opinion of the Conyen- tion, it is oyerruled.
 was going to say, MT. President, take the subject of exemptions: Is 1t necessary that this Convention pass an ordinance re-enacting the present ex- emption laws in the Constitution? Is It necessary that this Convention pass an ordinance re-enacting the article pn the subject of taxationf It seems to me that the resolution of the gen. tleman from Lauderdale leaves 1t with In the power of this Convention to do every act that this Convention can do without 1t, and I. therefore, MT. Pres ldent. move that the resolution or the gentleman from Clarke. as amended by the gentleman from Colbert, be laid on the table.
 MT. Cunningham-I ask the gentle man to withdraw a moment
 Mir. deGraffenried-Ail right sir, I will, and renew 1t when you finish your remarks.
 MT. Cuninngham--As a member of the Committee on Rules. desire simp- ly to explain my understanding of the purpose of this resolution offered py the delegate from Lauderdale. In the First place. it was not to give the legal force to the present Constitution. We all know that the present Constitution Btands until the new Constitution shall have been proposed by this Conven- tion. ratified by the people, and pro- rlaimed by tbe Governor. The whole question is one of parliamentary pro- cedure, and nothing else. The mis- understanding of the Convention arises from the preamble and not from the resolution itself. The gentleman from Hale has solved the problem when he says that 1t Is looking to amendments and revisions of the Constitution, and the real pur- pose of the Committee. and the author of the resolution, was to save the time and the expense of printing. If the gentleman from Jefferson desires to amend an article of the Constitution entirely with new matter he would simply introduce an ordinance amend ing such article, and the amendment would consist of striking out and in- serting. if he only wanted to amend section of a cel1ain article.
 Mir. 'white-Will the gentleman al- low me to ask a question?
 MT. Cunningham-Certain
 MT. White-Suppose he wanted to introduce an entirely new article?
 MT. Cunningham-Then you would amend by striking out and inserting
 MT. White-Suppose ile did not want to strike out?
 MT, Cunningham-Then if the gentle man will wait, will answer the Ques- tion. If you want to substitute cer- tain portions of an article or section, you would move to strike out, and in- sert those portions; if you wanted to insert new matter. and have the old matter removed, he would simply move to insert the new matter; If he wants to add g. section, he would amend by adding such section to the article.
 The purpose, sir. Is to save the time of the Convention in reading articles pf the present Constitution over and pver in order to get at one little amendment-probaDly one word. One ordinance has been before some com- mittee that I am a member of, l do hot remember which now, that was a number of pages. that simply added pne word, one word. Now the proper way, would be to do this; delegate who desires to amend any section, or article of the Constitution, would say, ''amend by striking out and inserting such section," or any such article, and inserting the proposed amendment; and only the amendment would, therefore, be read and go on the minutes of this Convention, and that would save a great deal of time. and a great deal would be gained.
 Mr. Macdonald-Would that probably put this convention in the position of ratifying and confirming, and adopting the Constitution right now, which we were called here to amend?
 MT. Cupningham-No, sir.
 MT. Macdonald-In other words would not we be voting absolutely against the amendments we are pro- posing here. and adopt the sections we want to amend?
 MT. Cunningham-Certain not, be- cause as yet we have not amended a single punctuation point in the Con- stitution. As l say. it Is simply question of parliamentary procedure and nothing else. It does not affect the question, as far as adopting the present Constitution is concerned, and I believe if the Convention understood it. they can see the great amount of time that can be saved, pot only in
 
 MT. Foster-Would not the effect of the resolution be to prevent the irtro- duction of any ordinances?
 MT. Cunningham-Certai not. You may strike out an entire article, or strike out an entire section. Here is what understand it to be; that here after all ordinances proposing to amend the Constitution shall contain only the changes proposed. That is what We mean.
 Mir Foster-That is what I want to know. If the gentleman will allow me, If a delegate desires to introduce an ordinance re-enacting in exact terms, a section of the present Constitution, he would be out of order under this resolution.
 MT. Cunningham-Re-e enacting in ex- act terms? I think he would be out of order.
 Mir Foster-I make the point of CT der. MT. President, that you cannot limit the legislative right of the dele gates on this floor.s
 MT. Willctt-I second the point of order.
 MT. Foster-The introduction of an ordinance is legislative right of the delegates. You cannot trammel them in that way as to how they will pro- ceed- -.4.,--.-.,
 MT. Cunningham-In answering the point of order. I believe I have right The Chair-I did not hear the roint of order.
 MT. Foster-The point of order is thls: that the introduction of ordi-
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