The Montgomery advertiser., 1901-06-16

suggest and frame those lawH. he could easily make his terms and conditions and say you must accept this amend ment or your bill will fall. oppose # 1t because the proposition seeke 70 re- move the ancient landmarks, because it seeks ta break down the wall that stands between the legislative and the executive.
 We know the tendency of each de- pertinent to encroach upon the other. Ali history has taught us that. We know that from the time that civil lib- erty began upon earth there has been a constant conflict between the Execu- tive and the law-making power. And now for the first time, so far as know, in American Constitutinos, the propo- sition Is made that the Executive should become not an ordinary mem Der of the law-making power but that he should have the power to alter and amend 1t. and to say accept that or your bill fails" He does not say .ac- cept my amendment or your bill fails. It is not said that the General Assem- bly, should have the right to offer Amendments to the biii after It's re- Nnrn. but the proposition is that after the bill comes from the Executive the General Assembly has merely the right and power to accept the amendment of the Executive? It takes away from the General Assembly the power to amend and the General Assembly is left without that power to originate amendments to the bill but their power is confined strictly to accepting ne amendment of the Executive.
 Gentlemen. I know of but one rue by which legislators should be guided and that is the settled rule of their own convictions, their ideas upon fun- damental questions. If the fathers were wise. if they builded wisely when they constructed the three departments and placed the walls high between them, 1t would be unwise in us to seek to tear down or lower those walls toe day. This Is a strange innovation, eo- tally foreign to anything we have known before and the wisdom and the necessity and the justice Of 1t should be clearly established to the mind of each member of this Convention before he should be willing to record his vote in favor of 1t.
 MT. Cobb--Is 1t not true that the Governor now has the power to call into his office the proposer of bill and tell him in plain words unless he amends the bill in such a way the bill will not be approved, and is not that done and does not this simply allow him to do openly what has occurred In his office many a time.
 Mr. Lowe (Jenferson)--I am willing to admit to the distinguished gentle man from Macon that it has been gone in the past and if, as he says, the Gov ernor has that power now, why give him the additional power to sit upon your floor as a legislator? If he has the right now to advise, and certainly he has with the individual members, why increase that power. It has be- come already more powerful than It should have become in the past, this influence of the Executive over the Law-making Department. That power has been exercised not only in the state but in the Nation until at times 1t has become almost scandal: By the very language of this propositlon you make your Executive. Oficer member of the General Assembly, for it says eff the Governors message proposes amendments which would remove his objections, the House to which 1t is sent may so amend the bill. !" Then he can propose any amendment to your Legislature. He can say Y, the Ex- ecutive of the State, say to you, the Representatives of the people, you must embody this provision in your law"
 All of us know the insidious power of the Executive. Why increase that power? Why so farther and give the Governor more than the power to which the gentleman fom Macon refers as now existing In the Governor and so exercised to influence legislation2 Why can't we stand by the provisions or the old Constitution, unless this means to give the Executive additional power and influence In framing the legisla- ton of the State.
 MT, President, have said now more than contemplated. l have have dis charged what conceived to be plain duty in assailing what seems to me to be the most radical proposition which has vet come before the Conven- ton, and I hope the most extreme that will at any time be submitted to it, and now. as the hour of adjournment draws near, believe it would be uns safe fer any member on shss sleos so attempt in the little while left to us to write an amendment which would reach the objections have, move the recommitrneIt of Section 13 to the Com mittee with directions to the %ommit- tee to eliminate from the Section the additional power sought to be bestowed on the Governor.
 The Presldent-The question Is on the motion of the delegate from Jeffer- son to recommit this section to the committee with jurisdictions.
 MT, Jones (Montgomery)-No man yields more readily than I do, when acting in an official capacity, to the orders of his superiors. but here is q matter which this House has not heard discussed. So far, not a member of the committee has discussed the out line and plan of this section as whole. The committee Is prepared to defend every line of 1t as written. They
 think they can give good reasons abundant ones, which will convince the members and perhaps convince my friend from Jefferson when he hears them. How would this committee be put in possession of the views of the House? Some gentleman says this thing cannot be understood right now and you go back and try again." If the Convention advises and orders what to do the committee vii lido 1t, but if it is sent back with these vague instructions, how can we do anything.
 Mir, Lowe-The reason I made the motion to recommit is that 1t is the only possible way that we eau reach tLs proposition. l think the committee can better do 1t and my motion to re- commit carried with 1t instructions to eliminate that feature of the report.
 MT, Jones--After all. that is simply moving to strike out that part of the report. Let us have the fight on that and if the Convention strikes it cut and that leaves the section mutilated then we can determine what to do with the remains but don't let us have a funeral before the man is dead.
 Now. it is getting late. This is very