The Montgomery advertiser., 1901-06-23

I 1t. and immediately strIKa at that as though that were the only sentence or line in the section, IL is common knowledge ana common learning in considering a section of writing that you must consider it all together. You must attach some force to each word in 1t. You must give each word its proper significance, and ascertain from the language used what the intent was. If 1t is not clear then you enter, into construction, the evil 10 be remedied. etc. Let us see the power that this Board has under this section? After saying that tile returns shall be puo- lished in the presence of both houses, we have added the joint Convention shall supervise and control the Speaker in the discharge of this duty" That was not in the old Constitution, Mir. President. The claim was that this Speaker who was Q mere creature of one House. had vested in him the sole sovereign power of Alabama to declare the result when the election returns were made up. that has been the claim many time. There were other great jurists and authorities who said no. What are the two Houses about? Why are they required to assemble in joint Convention?' Are, there mere satellites there to surround and honor the Speak CT? Can't they open their lips? Have they no power whatever? And these iurists. and some very great men among them contended. and f think rightfully. that the Speaker was the instrument Of the point Convention, and that they could control him. We all agreed if that was not the law. that 1t ought to be, that one man sit- ting in that chair ought not to have the right, in violation of the will of is2 others on this floor, to decide and determine as he pleased, questions that arose on a count of a vote.
 MT. Pillans-Is not that part of your objection to the old law net by the language of the substitute as proposed by the kentleman from Sumter?
 Mir. AJones-There never was any trouble upon that point between the gentleman from Sumter and the Com mittee; because we all agreed that we wanted to gut the Speaker in a straight jacket so far as that was concerned and that was the original report of hit wise to so into the powers of the Joint Conventions; but in deference to
 what seemed to be desire in the House we undertook to define the powers of
 the Joint Convention-first, you are obey you. Nobody objects to that. Now what next? And has power, first, to determine whether the returns are in legal form" Does anybody ob- ject to that? Could the body discharge any duty at all unless they had that power? can't think there will be any objection to that? Made by the proper officers" Unquestionably they should not accept returns made by aiiyUody not officers. And do wia:? Truly give the result as ascertained ani declared by the Board of Super visors in the several counties" What truly give-the returns sent up? Sec oud, to correct such errors as Iray be found therein. Third. to procure re- turns when none have been sent up.
 1 submit to the House that the sole purpose so far is to maintain the in- tegrity of the returns as made n the difft rent counties; to say to that Con- vention, you shall not 50 beyond them
 you shall be bound by them. If re- turn comes up here which 1t is .hown violates the integrity of these returns
 then you must take the returns with the result as ascertained and laid down In the county canvass. It Is in line with the demand for home govern ment." It says in case of doubt you shall go down there, and see whether the returns sent up here testify to the same result as ascertained below. his and this only-not whether the votes were legal or not; not whether there was fraud. The latter matters must be left to the Supervisors ia the several counties. The substitute shows solIcitude for carrying out the H'.ll of the people. It gives the Joint Conven- tion power to determine everything which may he done to carry out the will of the people of Alabama as de- r1la ix1 hn t~fD hot Is all that 1t does. My friend does not seem to remember that a little further on it says they shall not have power to question return in any other re-
 spect or for any other matter" Later on 1t says contested elections shall be determined by both Houses in such manner as may be prescribed by law" How, then, is it possible to say that the Committee in framing this sub stitute gave this body and power to resolve itself into a Returning Hoard, and overthrow the will of the people as declared in the several counties? Mir. President, concur with the state ment made by my friend from Mobile that you must trust somebody in the first instance, in every governmental act that is to be performed. I concur in 1t heartily. These 133 men, who compose these two houses and sit in Joint Convention, are the very same men who ascertain and declare the re- suit if there is a contest. If they are goingato cheat. If they are going to usurp power, for instance, you cannot help 1t by laying down rules in statute. It Is impossible. There has not been a day since Alabama was a State. when the Speaker, If the Joint Convention permitted, did not nave the physical power, and might say legal power, because it would take some time to correct it. to say here are the returns from such and such county. They are snot in proper form. They are not signed by the proper ofTicers. l. will throw them out and not count them, and thus. although there might
 net be a word of truth in the objection 4 although 1t might be a bald usurpa- tion.e Stsil 1t 9s a matter which Is de- pendentbso'ely upon the honor and in tegrity of 1S3 men who come here to witness this count, every time you elect state officers. You cannot pro- vide against that by any words or pro- visions, 30 long as you give the Speak CT power to count. Now the Commit tee deeffed 5to1 preserve in it's integrity all the power to the election officers below, including the declaration of the result below; but they did not want to put the Speaker of this Joint Conven- tion in a ministerial capacity, under which, according to the Supreme Court. they must eat whatever Is fed to them. We did not wish to deprive them Of what Is plainly the judicial power, to say this is CT is not the genuine re- tuIns. the figures have been changed ln this in ng. since it was aert up