The Montgomery advertiser., 1901-07-18

dsred TJpon n further vote being ta- ken the section was adopted.
 Section . was read as follows:
 Sec. Q. A majority of each House shall constitute quorum to do busi- ness; but a smaller number may ad- journ from day. to day and may com pei the attendance or absent members, in such manner and under such penal ties as each House may provide.
 MT. Oates-There Is no change. That is the same as the present Constitution and I move its adoption.
 Upon vote being taken the section was adopted.
 Section 10 was read as follows:
 Sec. 10. Each House shall have pow CT to determine the rule of its pro- ceedings. and to punish its members or other persons for contempt or dis orderly behavior in its presence; to en- force obedience to Its process; to pro- tect it's members against violence. or offers of bribe or corrupt solicitation; and with the concurrence of two-thirds of either House to expel member. but
 not a second time for the same offense; and shall have all the powers necessa-
 ry for the legislature of free State. Mrr. Oates--The only change that has
 been made in this section is in substi- tutine the word "offense" in the fifth line in place of the word cause" Upon a vote being taken the section was adopted.
 Section Il was read as follows: Sec. II. A member of either House expelled for corruption shall not there after be eligible to either House. and punishment for contempt or disorderly behavior shall not bar an indictment for the same cffense.
 Mir. Oates-That Is the same as in the present Constitution. and I move its adoption.
 Upon a vote being taken the Section was adopted.
 Section F was read as follows: Sec, 12, Each House shall keep a Journal of its proceedings. and cause the same to be published immediately after its adjournment, excepting such parts as. in it's judgment. may require secrecy; and the yeas and nays Of the
 members of either House on any ques-
 tion shall, at the desire of one-tenth of the members present. be entered on the Journal Any member of either House shall have liberty to dissent from or protest against any Act or
 Resolution which he may think inju- rious to the public, or an individual, and have the reasons for his dissent entered on the Journal.
 MT. Sanford (Montgomery)-I offer
 an amendment to that Section. The amendment was read as follows: Amend Section F by adding the
 words. but the journals of the Sem ate and House of Representatives shall
 not be held by the courts to import ab- solute verity, but their truthfulness
 may be inquired into like any other statement in a court of justice." MT. Chapman--Il move to lay the amendment on the table.
 MT. Sanford-Mr. President, I have the floor.
 The President pro tem--The gentle | man from Montgomery has the floor. Mr. Sanford (Montgomery)-Mr. President, l offer that amendment be- cause, according to the statement made by a distinguished member of this Convention, many laws were passsd during the last seven months that did
 not comply with the requirements of l the Constitution. The laws were not read at length as the present Consti- tuition requires. The roll of the mem- bers of each House was not called, ae- cording to the demands of the present Constitution. and the journals recited that bills were read three times, and
 that the rolls were properly called, and | every prerequisite of a valid law was l complied with, and yet it was a fact | well known to many members of the
 Legislature that 1t stated an absolute
 untruth. I saw 1t myself upon one oc- casion where a bill was introduced con- | taining upwards of twenty-five thous- and words. The Constitution required | that op the day or night of it's pass age 1t should be read at length. The | whole bill was completed, with twenty odd amendments, in less than half an hou:, when the very reading of the 1 bill, If read at the rate of 100 words | to the minute, would have required | four hours. and when I complained to | the Journal Clerk or to the Clerk of the House that it was not read, he | replied that l could not go behind the | Journal. | am aware of the decisions
 of the supreme Court in this State, and
 in other States with regard to this
 point, but as was said with great | power and earnestness by the gentle
 man from Crenshaw in arguing a case
 few days ago, 1t impressed me then | that for the purpose of avoiding such
 rushing through of legislation, such l an amendment as I have offered should
 bo passed by this Convention.
 The truth is that while 1t was said | that the Convention should be held tc
 eliminate the negro from politics, and
 to purify the suffrage, I voted to hold
 this Convention also in order that the
 Legislature might be compelled by
 some process to obey the Constitution
 of this State. Under the present sys. | tenn, the manner of enacting laws IS i Infinitely worse than the negro suf- frage, for it affects every. man in the State of Alabama. It is vastly import
 ant that there should be some change | In the '"chnic9l rule that the court:
 cannot go behind the Journal. Oul | couItJ 4-4Vc gone further than other l courts and have held that while there
 may be positive requirements in the Constitution that certain things mus
 be done by the Legislature, 1t Is ore.
 sumed that they were done unless the
 Journal sets forth they were not done | always presuming upon the infallibility
 of the Legislature. it's good faith, and
 it's fidelity, when the history of Ala.
 bamG and tho history Of all Legislation
 shows that 1t is a very violent ore,
 sumption. hope that this amendment
 will be adopted by the Convention, Il
 is absolutely necessary, first, that the billa should be read, and that think
 is already provided for by the Com.
 mitteo on thJ Legislative Department
 It was a fact well known. as you al
 heard the gentleman from CrenshaW
 say a few days ago, that laws were
 passed in the House when there were | not more tnsu dozen members pres | ent, and when no roll was called at | all. and yet the journal will show tha'
 the bill was read three times, and ths | roll was called, and 1 suspect that cer
 tain name We're put down. Men have