The Montgomery advertiser., 1901-08-17

MT. Graham (Talladega)-l rise 10 a point of order that the committee has already met and Is back. and 1t Is not necessary to consider 1t any further.
 Mir. Greer (Calhoun)-I rise to point of order.
 The President-rhs gentleman from Calhoun will will the point of order.
 MT. Greer-It would require a sus pension of the rules. of this C6nvcn- ton before they could be recalled.
 The President--What is the point made by the gentleman from Dallas!
 MT. Reese-I was arguing against the motion to recall the Committee on Rules. I do not think the Convention ought to make an exception against the Committee on Rules.
 The President-The understanding of the Chair is that the Committee on Rules may meet any time. and report at any time, so as to transact the business of the Convention.
 Mir. Smith (Mobile)-I desire to ask what disposition the Chair makes of Rule A: No committee shall sit dur ing the Convention without special leave"
 MT. Wilson fClarke)-I submit in connection with subdivision 1 of rule fl. the committee Is exempt from that. Rules. of which the President shall be Chairman, to be composed of nine mem- bers and which shall have the right to report at any time"
 Mir. Harrison-I am instructed by the Committee on Rules to report subst!- tute for resolution No. 304.
 MT. Smith (Mobile)-I rise to point of order.
 The President-The gentleman will state his point of order.
 Nr Cp,Ith (NfohiIol-ReS0Irtf0n No So4 WAS not before the Committee.
 Mr. Harrison-I report a substitute Tor resolution No. 304.
 MT. Smith-I was mistaken in the numbers.
 The President-The Secretary will read the report from the Committee on Rules.
 The Secretary read as follows:
 Substitute for Resolution No. 304.
 Resolved. That when the article on Judiciary is taken from the table it shall be subject to amendment, as though 1t had never passed to third reading"
 MT. Coleman (Greene)-I move the adoption of that resolution.
 The President-The Secretary will read the original resolution.
 The Secretary read as follows:
 Resolution No. BOA. py Mir. Coleman of Greene:
 Resolved, That the article on Judi ciary may be taken from the table. and when taken from the table, that Section 20 thereof may be amended. re- vised or stricken out.
 Referred to Committee on Rules.
 MT. Pettus-I rise to a point of order. Under ttg rules of this Convention that resolution is in effect. suspension of the rules. Under that construction 1t would require a two-thirds vote of the Convention to suspend the rules. make the further point of order that 1t is in effect a revision of the rule No. 57. This resolution was introduced this morning and reported back at once. There has been no notice that it would be rescinded. I make the point of or der that it is out of order. and that if must lie on the table for one day.
 MT. Hefiin (Chambers)--l thinS the gentleman from Greeile gay" .,1l.e.
 The President-What is the rule?
 Mir. Pettus-[ refer to Rule 51. and I submit this does repeal specihc rule which has been laid down by the Con- vention and it Is not in order to repeal adopt a new rue, or suspend the gen. eral parliamentary law. which IS the law we are acting under.
 MT. Lomax--A report from the Com mittee on Rules is in order at any time, and the Rule reported by that Committee now is not a recision oI any rule of the Convention. but Is a report to meet a situation which was no. in contemplation at the time of the adop- tion of the rule by the Conven; ion. No man on that Committee and no man in this Convention, had anticipated that an article after it had been adopted by this Convention would be reconsi tered, and laid upon the table. That s'.ua- ton has arisen, and in order to meet that situation and to give this ~on- vention an opportunity to dispose of that proposition, which has arisen. without being contemplated by anybody, this rule of the Committee on Rules mas been reported. It does not rescind any rule of this Convention, because we had no ruling on the subject It loes nLt change any rule of this Convention. be- cause We had no rule on that subject.
 MT. Pettus-Does not the gentleman know that we have been acting under the rule for three months nearly. that any article ordered to third ca ling, and expressed, it could not be amended and the purpose is to amend 1t and sus- pend the operation of that rule?
 MT. Lomax-We may have been opera ting under the rule and the article ordered to a third reading could not be amended, but we have not been operat- ing under a rule which said that an article after a third reading, and had been passed, afterwards a motion to re consider made. that 1t should not be amended. 1 am one of those who take the position and l think the position is right, and if an article has been passed by this Convention to it's third reading and voted on, and that vote has been reConsidered, that the recon sideration of that vote opened up me whole article to amendment. not with standing the fact that there might be a motion for the previous question C. a motion to lie upon the table. and for this reason, that d motion for the pre- vious question on a motion to lie upon the table prior to the passage of the article exhausted itself upon that par ticular provision of the article, and that after it had been passed, and the Convention reconsidered it, that the Convention had the right to go back to the point of amendment. I do not propose to challenge the decision of the Chair in that regard, although my views were opposed to his, but l say when this Convention finds itself in that shape, where 1t must either take this article from the table, and attempt to amend it. or adjourn leaving out enc of the coordinate branches of this governments that the Committee on Rules under the powers given 1t by the Convention has a right to report a rule which will relieve the Convention from mat embarrassment, and that ComrLet-