The Montgomery advertiser., 1901-06-21

LlU0 UI the ptQple ok AiauethAo, AnN VI the enlignteneo judgment or this Ae- putlic-
 Ar. Pettus--I have the profoundest respect fer the ability and learning or the distinguished gentleman from Lau- derdaie. but am surprised to see tnis gentleman speaking so eioQuently Tor the independence Of the three co-oroi- nate departments of State government today, when I understood him to sup port so ably the report of the Com mittee on yesterday or the day before, authorizing. the Governor to propose amendments to bills on the floor of the House.
 Mr. O'NealjI opposed that.
 MT. Pettus-t beg the gentleman's pardon; was under e misapprehen- sion of the facts.
 Mir. o'Neal-I opposed 1t bitterly.
 Mir. Pettus-Whlle I recognize the ability of the distinguished authority from which he quotes, I am not will ing yet to accept all of the theories of republican government from the hands of Alexander Hamilton.
 New. Mr. President, I stated briefly in the beginning, why l move for q reconsideration of the vote by which this section was adopted. Examples have been cited here of other States, which have such or similar provisions in their constitutions, making the members of their legislatures ineligi- ble to appointment to any office. but the gentleman himself answered, when. I asked him the question. that in those SLates they are able to pay. and do pay their representatives salaries, that make the offices of members of the legislature sufficient to attract men for the sake of their own emoluments. The very fact, MT. President. that in the State of Alabama members of the legislature are paid such meagre sal aries, the very fact that perhaps If they were to get little more
 MT. Rogers (Sumter)-I would like to ask what the pay of legislators In Georgia is?
 MT. Pettus-I am not informed as to what the legislators in Georgia get, but the gentleman stated that the State of New York and the State of Penn sylvania, among others, paid their rep resentatives fifteen hundred dollars a year, and in this section which he read from the Constitution of New York, 1t makes 1t unlawful and void for rep resentative to barter away his vote for any office, which is in the nature of bribery. and certainly any delegate would oppose bribery on the part of any member in the legislature.
 MT. O'Neal-Win the gentleman per- init a question?
 Mir. Pettus-Certainly.
 Mir. O'Neal-Does he contend that in the States of California, Georgia. Mon tana. Missouri and Nebraska. which have similar provisions. that they are paid any larger amounts than in the State of Alabama?
 MT. Pettus-I am not informed
 Mir. ONeal-My inforpdation is that the pay in nearly all of those States is five dollars per day.
 MT. Pettus-That is certainly more than 1t is in Alabama, and if they only pay their members five dollars a day and disfranchise them from holding any office, and make them ineligible to appointment, must say 1t is unwise in those Constitutions, and is an ex- ample that we should avoid, rather than one we should follow.
 Now, as stated in the beginning, the principal reason why l oppose making Representatives ineligible to appoint ment to any office. other than those which they create in the General As- sembly. or help to create, during tnelr term, is because the temptation mas been removed from the Chief Executive to abuse his patronage, and it is be- cause I believe it is unjust under some circumstances to defeat the will of the people. might give simple illustra- tion Suppose a man, as was so elo- uuently said by the gentleman from Talladega iS elected unanimously by his people to serve them on the floor of the General Assembly of Alabama Suppose during his term Of oTlce vacancy occurs in some County omce' for example in the office of Probate Judge, and suppose it is the unanimous desire of the people of that County that he be appointed to fill that office Un- der this section of the Constitution as reported by the Committee, he would be ineligible, and 1t would not be wlth- in the power of the Governor to com ply with the wishes, and with unan- imous demand on the part of the peo- ple of that County. to appoint the rep resentatives to that office.
 . Now. the distinguished gentleman from Montgomery, the Chairman or the Committee. has quoted as an tllustra. tion and analogous case, the example Of the Chief Justice or some SupremeJuoge in this State, being ineligible to hold any office. but I submit, MT. President, that the office of judge in this state Is one that is sufficiently attractive, like the office of Governor, to draw the very hest men to serve the people upon the bench, although they are dlsquahlieo during that time from holding any otn- CT office. and the distinction ! make Is that the office of representative Tn the General Assembly is not surnclently at- tractive in itself to draw men to serve the people in that capacity, to the great detriment of their private husiness. in this material age
 MT. Rogers (Sumter)-Win the gen. tleman ermit me to ask question?
 MT. Pettus-Certaihly: will be de- lighted to hear the question.
 MT. Rogers (Sumterl-Does the Con- vention understand that if the office of legislator was a pay office. one where tt.e salary justified it. you would he in favor of his not being appointed to something else.
 MT. Pettus-I do not know what the Convention understands as to that proposition.
 MT. Rogers (Sumter)-l want to know what you think about 1t.
 MT. Pettus-I will state, MT. Presl- dent. that if it were true that repre- sentatives in this State were paid a salary of fifteen hundred dollars year. and the State wore able to pay them that salary, that might put different phase upon the situation.
 Now. MT. President. think that this question has been sufficiently discussed and I calll for the previous question on the motion to reconsider.
 MT. deGraffenreid-We ask for an aye and no vote.
 MT. Pettus-I rise to a point of in quiry.
 The President-The gentleman will state the point of inquiry.
 M, PattuS-'Fh,A question was wheth-