The Montgomery advertiser., 1901-06-20

MT. Samford--I now yield to him fo, the purpose of offering the amend ment if he desires to offer it.
 Amendment by MT. Ferguson:
 Provided. however, that if any court of competent Jurisdiction in this State upon inquiry into the same shall as- certain according to the rules of law in such cases that such Governor, or any of said officers in said line of sue ! cession and exercising said office. is of unsound mind, the mode of inquiry first above set out shall be deemed unnecessary; and the certificate of the Judge or Clerk of such Court adjudg- ing such fact shall the filed in the of- | flee of the Secretary of State; and in that event it shall be the duty of the officer next in succession to perform the duties of Governor. until the Gov ernor or such other officer is restored tc | his mind.
 | MT. Samford-I move to lay the amendment of the gentleman from Jef- ferson on the table.
 A division was called for by vote of 63 ayes to 24 noes, the amendment was tabled.
 Mir. Samford-I now renew my mo- tion to adopt the Section as amended. | l question.
 The previous question was ordered, and upon a further vote Section 16, as | amended. was adopted. Section 17 was read as follows: Sec. H.--The Lieutenant Governor. the President pro tenn of the Senate and the Speaker of the House of Rep resentatives, shall receive during the | time they respectively administer the | Ntrr1 tIxaf | fixd for the Governor; provided, if the General Assembly shall be in session | during the time such officer may ad- minister the office of Governor, they shall receive no compensation as otfi- cers or members of the General Assem- bly.
 Mir Jones-I have sent up to the | Clerks desk a substitute for that Sec tion, which I ask the Clerk to read. The President-Is it proposed by the Committee?
 (Mr. Burnett endeavored to secure recognition) Mir. Jones-Yes, sir. The Presldent-Does the gentleman yield?
 MT. Burnett-Yes; the substitute may be acceptable.
 The President-The Chair has recog- nized the gentleman from Conecuh, but he understands that he withdraws his amendment temporarily. The substitute for Section lf was read as follows: Strike out Section IT, as now written, and insert in lieu thereof the following words:
 Sec. 17.-The Lieutenant Governor, President pro tenn of the Senate, Speak CT of the House. Attorn ,y-General. State Auditor. Secretary of State, ana State Treasurer, while adm!nisterlng the office of Governor, shall receive ike compensation, and no other than that prescribed by law for the Governor.
 Mir. Oates-I call attention to the fact that the convention has stricken out the word State preceding Auditor and Treasurer heretofore.
 MT. Jones.%I remember that very distinctly, and some of us think we yielded too pdeciritate!y in deference to the suggestion of the gentleman from Montgomery (Mr. Oates.) If 1t 4s necessary to bring that matter up again We vii bring it up now.
 The President-The question is on the adoption of the substitute proposed by the committee.
 Upon a vote being taken the substi- ute was adopted.
 Section IS was read as follows:
 Sec. IS. No person shall at one and the same time, hold the office of Gov- ernor of this State, and any office, civil or military, either under this State or the United States, or any other State or government, except as otherwise provided in this constitution.
 MT. Jones-This is the exact phrase ology 1 believe of every constitution We have ever had, and unless some gentle man wishes to amend 1t, move that 1t be adopted as read.
 The motion was carried and the sec- tion adopted.
 Section 19 was read as follows:
 Sec. 19. The Governor shall be commander-in-chief of the militia ana volunteer forces of this State, except when they shall be called into the ser vice of the United States, and he may call out the same to execute the laws, suppress insurrection, and repel in vasion; but need not command in per- son unless directed to do so by resolu- tion of the General Assembly. and when acting in the service of the United States, he shall appoint his staff and the General Assembly shall fix his rank.
 MT. Jones-I move the adoption of the section.
 MT. Parker (Elmore)-I call the at OI LHe VT AIS Shdi man to what seems to be misprint in the phraseology of that section. It has the word they in the second line, and it ought to be the word he"
 Mir. Samford-That refers to forces.
 The section was thereupon adopted. /Section 20 was read as follows:
 Sec. 20. The Governor shall not ap- point any member of the General As sembly, during the term for which ele shall have been elected, to any office.
 Mir. Sanders-I have an amendment
 The President-Does the amendment proposed by the gentleman relate to the amendment proposed by the Com mittee?
 Mir. Sanders-No sir.
 A vote being taken upon the amend ment proposed by the Committee, the same was adopted.
 Amendment by MT. Sanders Oime- stone) was read as follows:
 Amend Section 20 by adding after the word office" in the second line, the following words: "created during said term"
 MT. President it will be noted that the section as reported by the Commit tee disQualifes any member of the legislature during his term fSom ap- pointment to any office within this State. The amendment as proposed by myself disqualifies member of the Gen eral Assembly only to such offices as shall be created during the time for which they are elected. think, MT. President that the ends sought will be