The Montgomery advertiser., 1901-07-04

| plain that. The idea has occurred to l me from conditions that frequently ex- | ist in my county though we arc not up | to the tax limit can readily conceive | that counties which are up 70 the limit l can be put in bad condition. We
 have great many streams that gre | frequently swollen and bridges that al e washed away and our cour. of county | commissioners have frequently to make | temporary loans and levy special taxes | to provide for these matters. This is | the purpose of my amendment. Mir. Kirk-Can that amendment De voted on until the first amendment Is disposed of?
 Mir. Foster-I offer it as an amend ment of the gentleman from Colbert. MT. Lomax-As a matter of parlia-
 mentary procedure, with the original proposition pending the amendment of the gentleman from Colbert, and the amendment of the gentleman from Tuscaloosa to his amendment, can offer this as a substitute for the geo. tion. and the amendments?
 The Presidential is called to the at- tention of the Chair that the substi- tute of the gentleman from Lee was offered as a substitute to Section and the pending amendments. An aiaend- ment should be directed now to the substitute.
 Mir. Lomax-My substitute would be in order at this time then?
 The Presidential seems to the Chair with the amendment of the gentleman from Tuscaloosa pending, we would have two amendments pending. A fur ther amendment, (and substitute would be an amendment), would not be in order at this time. until the amendment offered. by the gentleman from Tuscaloosa is disposed of.
 Mir. Lomax-I am inclined to the opinion that the friends of a measure have right to perfect 1t by amend- ment before a substitute is in order, and that believe is the ruling of the Chair. lI<iH The President-If that point had been made before the substitute was acted upon. but the substitute of the gentle man from Lee has been acted upon and adopted.
 MT. Lomax-And the Chair holds then that my substitute would not be in order until after action on the amendment now pending.
 The President-Yes sir.
 Upon vote being taken, the amend mens offered by the gentleman from Tuscaloosa (Mr. Foster) was lost
 MT. Lomax-I offer a substitute for the original section as amended, and for the pending amendment, if there be one pending.
 The substitute was read as follows:
 NO county in this State having an assessed valuation exceeding twenty million dollars of taxable property. shall become indebted in an amount exceeding five per cent of its assessed valuation. and counties having an as- sessed valuation of less than twenty million shall not incur a debt exceed ing four per cent of its assessed valua- ton, provided this limitation shall not apply to debts created for the ocn- struction of court houses and jails. Nothing herein contained shall prevent the issue of renewal bonds or bonds to fund the floating indebtedness of such county. now existing"
 MT. Harrison-I rise to a point of or- der on that amendment, because it is undertaking indirectly to undo what this Convention has acted upon and adopted, and is substitute for the whole section, and it is contrary to it's provisions, particularly the substitu- ton of four or five per cent for three and one-half. is an effort in an indirect way, without reconsidering it, to change the action of this Convention. MT. O'Neal dauderdale)-I call at- tention to the fact that the proposed substitute of the gentleman from Lee was in fact an amendment. He offered 1t as an amendment as I understood it, and offered to amend by striking out from the original section the word five, | and inserting three and one-half The President-The substitute of the gentleman from Lee was offered as a substitute to the pending amendment and was adopted. The Chair will hear from the gentleman from Montgomery upon the point of order.
 MT. Lomax-I understand the Chair to rule that a substitute is nothing but an amendment. Then the effect of the substitute offered by the gentleman from Lee was simply to amend the or iginal section, by striking out and in- serting. That was what 1t amounted to. It was nothing more than an amendment, Now, when an | original proposition is pending. -and an amendment is pending to that propo- sition, and an amendment to that | amendment, a substitute cannot be cf- fered. and under the rules of the Eff tieth Congress. q have not a later rule), the rule was that a substitute was not in order until after the friends l of the measure had perfected an | amendment. Tn other words when a proposition was pending, and an WAS UHcTob, dHu Hn dEneHu- ment to that amendment. a substitute was not in order until the friends of the measure had had the chance to per feet the amendment
 Now if 1t be true that a substitute is nothing but an amendment, then af- ter the adoption of the substitute of the gentleman from Lee, the original proposition stood before this House simply as amended, and nothing more. Standing in that position. then, it was subject to amendment again. as the | Chair has held here, by entertaining the amendment of the gentleman from Tuscaloosa and other gentlemen upon the floor of the Convention, and if 1t is subject to amendment. then it is sub ject to substitute because a substitute is an amendment. and I submit that my proposition is in order under that view of the law.
 The President-The point made by the gentleman from Lee is that the rate of per cent. was stricken out by vote Of the Convention and 1-2 inserted in lieu of 5. and that the ef- feet of your amendment, without re- considering the vote whereby the Con- vention struck out the per cent. and inserted the 1-2, is to reinsert the 5 per cent.
 MT. Lomax-But my amendment does not go to that length. There Is no better established rule in parlia- mentary law than this: that you can move to strike out and insert certain wOr6S and a that motion has haap