The Montgomery advertiser., 1901-06-22

Une1 in 6fqlee. who are not elected, sim ply 1ecause a supervisor. after result x'41 declared. stuck in few more fig urn or forged the returns. If we can not trust the General Assembly in joint convenkfon to settle a matter of that aort properly, there Is no use of talk 1nE About Constitntion or Fundamental
 Mr. Ashcraft--will the gentleman permit another interrpptionf
 Mr. Jones (MontgpEneryl-cert
 Mr. Ashcraft-Dont the people of AlAhama manifest their confidence in <he General Assembly to determine the questions of the kind you mention fair 1y ny providing they may entertain contests of elections.
 Mr. Jones (Montgomery)-Unqu xionably. but that relates to other mat xcrs. to going behind the returns and and inquire into the validity and le- xality and fairness of the election. This section does not propose anything of chat sort. but simply gives the body the power to see that the processes which completes the election after sthe result declared below were fsir and expressed the will of the peo- ple.
 NIT. Ashcraft-And to change the pre- sumption of correctness without giving the parties interested notice. - Mr. Jones-No, sir; it don't say that at all. It puts 1t in lhe power of this body to inquire and determine as to the correctness of the returns of the ayperyisors. but not to go into the va 1idity of the election.
 Nov. Mir. President, I dislike to take up time on this floor about matters of law so well known. but must remark that an election consists Of many pro- cesses. It does not consist altogether of putting ballot in, ballot box. There are after processes The law exacts many safeguards which are committed to different sets of officers. All these must be performed before there is any sseinction" to contest The joint con venttbn. under this section. deals in with addition. and ascertaining that Che figures are in genuine returns, and chat these returns have not been all tered so as 10 show q different result from that declared.
 In West Virginia. owing to dispute about returns the Joint Convention de- ciined, as any Joint Convention might do. to declare the result. The Supreme Court of West Virginia decided the only way they could know who was Governor of West Virginia, was by a declaration in Joint Convention of the leRisiature of West Virginia and as auch declaration no matter what the reason-had net been made by the only tribunal entrusted with authority tn declare the result, it could not say who had been elected Governor. How can you provide against such g refusal in the part of the Aiabama Joint Con- vention7l If you left 1t to a court. it too, if all virtue is gone out of men. might refuse to make declaration. You must trust somebody in the first 1ns. tnce Is it net wise and proper to give the Joint Convention power to deal with everything which may be done to defeat the will of the people after the result is declared? What may happen before the result is de- clared is entrusted to other officials It Is not proposed to touch. their work or decisions. That and that only could constitute returning board. Surely, If in the Joint Convention, a member should rise in his place and say this return, which it counted as 1t now Is. will change the control the legislature, executive and judicial department oi Alabama. has been fraudulently altered or the clerks below made a mistake in addition and thus sent up the wrong allow the Convention to inquire as to the truth of such a complaint. and, If found to be true. not to nermit the will of the people to be overturned by a fraud or: mistake. There is no ground for the fears of gentleman as to the will of the people being overthrown by the power given by this section. On the contrary t tends to secure the will oi the majority against frauds and mis- takes. IA
 Mir. Boone-I rise for the purpose ol supporting the substitute as offered by the gentleman from Sumter and I dc it mainly upon these grounds. Fol over twenty-five years we have had a Constituticn which provides that this power shali be ministerial.
 Mir. Jones-The present Constitution does not say word about whether the power is Judicial or ministerial kst
 Mr. Boone-Thep think 1t Is ouI duty to make 1t clear on that matter and 1 think the word ministerial should be here. From the debate that we have had here and from the argu- ment the gentleman has made. and which will go as a light to the court 4n construing what We do, 1t will ap- pear that the gentleman was carefu in striking out that word ministeria t0 say that he would confer on the a3s men what? The supreme power tt decide elections in this State. This Section, says they shall correct any efrors. As Judge .rWalker has pointed out and as my friend Judge Coleman has shown, that would confer on tken judicial power.
 It seems to me if we have struggled for anything in this State, it has beer for the principle of home rule and i we are going to have any set of meI who are going to pass upon the integ rity of our elections in our counties should be under the eye of the peopl' and the vote should be canvasset where the witnesses can be gotten where all the facts and circumstances are readily accessible, and not talk it away, as would be the case as t, Mobile, 1S0 miles and equally far iron other parts of the State. These wit nesses would have to be coming Ill here to Montgomery at trouble and ex pense. away from their homes. for tn purpose of answering these charges and forsooth why? Because these 13 men said that according to this Sectioi the return did not truly show what tn vote had been in that county.
 Mfr. Jones-Truly declare.
 Mr. Boone-It is the same thing. I fS nothing but a choice of terms. Tn legal effect Is the same, whether It i east or declared or whether it was no east and they declared 1t was
 Afr. Jones (Montgomery)-Wou tn gentleman think 1t wise policy to pro vide in substance in the Constitutloi ff return was shown to be forged t the extent of adding what would giv a party not entitled to 1t majority khat the Joint Convention would hay, no power to inquire Into that?
 Mir Boone-@No, sir; would not b. a.. .AF an. nfah kf I.