The Montgomery advertiser., 1901-07-20


 ture shall be convened in special ses- sion. there shall be no legislation upon subjects other than those designated in the proclamation of the Governor call- ing said session, except by vote of two-thirds of each House."
 Mir. Jones (Montgomery)-I have an amendment to Section 35 by striking out the words except by two-thirds vote of each House."
 MT. Jones-The object of the amend ment is to keep the Constitution as 1t now is and to keep the Legislature when called in special session from legislating on any subjects except those designated by the Governor in hs proclamation. He Is made judge of the evils on extraordinary occasions which require their presence, and very often a special session which ought to be ordered would not be called because the Governor and the people might be afraid the Legislature would go to tin- kering with other things. think when an extraordinary session Is called It IS a wise provision to confine the Legis- lature to specific work mentioned in the proclamation. My experience is win the Legislators when a power is not to be exercised except by . two: thirds vote of each house they always Jet that two-t thirds vote. You remem- Der at one time the Constitution of this State limited the session un- less the Legislature by a two-thirds vote extended It. and they did extend it, and think 1t unwise to change the present Constitution and therefore made the amendment.
 MT. Reese-we are dealing with the Legislatiye Department at this time and the amendment offered by the gen.
 tleman from Montgomery seeks to transfer some of the rights that have heretofore pertained to that depart ment to the Executive Department.
 MT. Jones--Is not the law now that when a Legislature convenes In special session it shall not act upon anything except the special matter for which 1t Is called together?
 MT. Reese-We have taken a great forward step in this matter of cutting down the time of the Legislature. 1t is unwise in the opinion of some of the delegates on this floor that the Legis- lature shall only meet once in four years and dire predictions of calami- ties have been made which will result from that provision. Now. when the Governor calls the Legislature here on some occasion I do not think they ought to be here as lackies of the Gov ernor to execute his will and legislate only on such matters as he may say, provided there are two-thirds of each house that think it to the best interests of the people of Alabama that other subjects than those suggested ny the Governor shall be legislated upon. l have more respect for the intelligence of the people os Alabama than to think they would send a Legislature here and two-thirds of them would agre to legislate upon matters upon which no legislation should be had.
 MT. Jones-The language does not say two-thirds of the members Of each house. It says two-thirds of each house. That might mean two-thirds of quorum.
 MT. Reese-I think if the Legislature meets here they will not do anything wrong. 1 believe We can trust them and, MT. President. I move to lay upon the table the amendment Of the gen tleman from Montgomery.
 The President-The question is upon the motion of the gentleman from Dal- las to lay upon the table the amend ment proposed by the gentleman from Montgomery.
 The motion was withdrawn.
 MT. Oates-I am perfectly aware or the objection made by my colleague from Montgomery, and what he pro noses to strike out Is new and all that is new in this section. Now, sir, II Is a small matter in words. but It IS a matter of very great importance m its consequences. Now, the extension VI tbe Legislature and confining 1t to one session in four years puts things in somewhat different attitude from what they are now. The Governor may see rrorer to call the Legislature together ana snecify in the call as he Is requlreo in the Executive Department to do the matters and things to which he lhVltes tbe attention of the Legislature. pus, sir with the new Constitution and Witn such seldom sessions of the LeSisiature if might be the case that ne olo hvt foresee some important matter "hlch, in the opinion of the Legislature. anu in his own opinion, ought to pc attenu- ed to. If as the. Constitution now he committed that oversight ana IaitSo ,,a to snecify in his message to asseInDie' the Tepislature In extraordinary Ses- sion although he wanted the Leglsla- ture to deal with that particular ques- tion and fully concurred with them in if that ought to be attended to, yetne could not by any message Of hie cnaiSs if or confer upon them that power. II thev could consider nothing more than inc things named in his proclamation calling the extra session It would pc necessary for them to adjourn ana to call them agai. in order to attend 10 that I am not welded to the require ment of a two-thirds vote as in this case. but it ought to be in the power of the Legislature, say, by two-thlFus of the members elected. or. don cars ,s if he three-fourths of the members: t,t if ought f., be within their power. if there should be anything omitted ar anything that Is absolutely neces- sary for them to give attention 10 when in extra session, additional to which the Governor has specihed. 'heV ought to be able to attend 10 IL.
 Mir. Robinson--I want to ask 0ues- tion. When an extra session or tne Legislature should be called. Woald they ever adjourn!
 MT. Oates-As a matter Of cnurse- they would.
 Mir. President. 1t seems to me some delegates on this floor act not on the presumption of innocence but on me presumption that the representatives and Governor in certain contingencies are unprincipled and will not uls- charge their duties faitnIully' HIS only proposes that by two-thirds vote they might extend their time. do not object if the delegate wants to offer an amendment that it be three-fourths. but I want it to he possible for the Legislature to attend t1 something else. if 1t be found necessary.
 t Mr Rnhinson-Doe5 not a tWO-thtrdS