The Montgomery advertiser., 1901-08-14

seems to be vital in the case. that our Rule e is not as broad as the rule re- ferred to in the authority cited by the gentleman from Montgomery, for the reason that in the case cited by the gentleman fraim Montgomery. the rule provided fof recomm. tment even after the previous question had been ordered. After bill had been ordered to third | reading 1t specifically so provides. The rule reads as follows: Pending the motion for or after the previous ques- | ton shall have been ordered on f.s passage, for the Speaker to entertain and submit a motion to commit. with or | without instructions. to standing or select Committee" Now that our rule is not so broad, or intended to be so | broad, seems to be made suffic .ently clear by the fact that under Rule 25 | a motion to commit is of inferior rank to a motion for the previous question. Rule 25 reads:
 When a question is before the Con- vention. motions may be rece.ved in 1 the following order, to wit:
 'First-To fix a time to which the Convention shall adjourn.
 'Second-To adjourn.
 'Third-To lay on the table. ," 'Fourth-For the previous question. 'Fifth-To postpone to a certain day. not beyond the probable duration of the session.
 'Sixth-To commit
 And all the authorities hold that a | motion to commit and a motion to re- | commit are of the same rank.
 l Mir. don me-our own Rule 4S is entitled ito recemmit?' The President-Yes. says to recommit MT. Coleman-Allow me to make a suggestion. Would the President hold. l as judge of law. that a statute which | said that question may be recom- mitted at the pleasure of the Conven- tion. meant the same thing as If it had said may recommit at the pleasure of the Convention" except upon the pre- vious question. Now construe this as you would construe a statute of law. and 1t is as clear as any question can 1 be.
 l The President-The Chair under stands motion to commit, and a mo- ton to recommit are of the rank. When the Convention commits a question to Committee and 1t comes back from the | committee. 1t may be recommitted. and | 1t seems that motion to recommit Is of the same rank as a motion to com nit. All the authorities hold to this view. This authority of Congress says: "A motion to commit with instructions to report certain amendment is not in order. If the proposed amendment is not in order" This same authority l says: The motion to commit or re- l commit is of the same rank with the motion to amend, and iu the House, Is in order at any time that an amend
 nent would be in order" But when the Convention has considered an Ar | ticle, Section by Section, 1t is then be- fore the Convention for amendment or for recommtttal. A number of these | sections of several of these articles, while they were being considered, were recommitted to the Committee, and it was in order to do so, but after the convention passes from the state of amendment, and the entire article is ordered 10 be engrossed and to c third reading Uhe object of engrossment is to incorporate the different amendments Into the Article), and when it comes pack from the Committee on Engrossment. 1t does not seem | to the Chair that if js then open to amendment. Some au- thorities hold that when queseon has been Feconsidered, it comes before the convention just as 1t stood before it was passed. That is true where there mas been only one step taken in the passage of the Article, but where there nave been sundry successive votes, as, Tor instance, votes on amendments. or votes whereby the bill was ordered en- srossed. or to third reading, a recon sideration of the final vote will not te effective beyond the reconsideration of that vote. as stated by MT. Gushing in section l273 in his work on legislative practice: The effect of this principle is that when one motion to reconsider has been made and decided, either in the aim native or negative, or Is still pend Ing. no other motion to reconsider the same question is admissible" And in Section 1915, the same author says: "4t is general principle with regard to reconsideration that at a subsequent stage there can be no re- conside. Gticn of preceding vote in re- lation to the same subject, without first voting to reconsider such subsequent votes; thus, alter a bill has been read third time and passed, 1t is then too late for motion to reconsider the vote ordering it to second reading, or re- Jecting an amendment proposed at that stage, unless the second re-d.ng of the bill is first reached by a reconsidera- tion of the preceding vote
 This other authoIi ity, Reeds Parlia- mentary Rules," says that whenever the man question has been decided in the affirmative. the motion to reconsider an amendment previously adopted, would not be in order. It would be nec- essary first to reconsii fer the vote by which the main question was passed and if the reconsideration prevailed then the motion to reconsider the amendment would be in order.
 In general. 1t may be said that if the assembly desires to reconsider an act. it must retract in regular order all subsequent action which affects the act to be reconsideTed."
 When each section of this Article was up before the Convention, it was open to amendment, and it was amended in various particulars. After each section had been taken up in regular order, 1t was open to amendment by adding ad- ditional sections. but it has always been understood in this Convention that af- ter an Article was ordered to be en- grossed and to a third reading, that this order cut off further amend ments, and 1t seems to the Chair that If 1t could not be amended here under our rules. 1t could not be amended in the Committee, and the authorities hold that a motion to commit or recommit is of the same rank as motion to
 amend. and if a motion 10
 amend is cut off. a motion to recommit is cut of. The special rule which has
 been referred to. Rule 4S, does not seem to the Chair to authorize a recommit-
 ment of this Article at any stage; oth- erwise, after the final passage of the
 Article which we have just reconsid- cred, it could be recommitted. The Chair understands this Rule AS simply | to declare the general narIia neat "