The Montgomery advertiser., 1901-06-26

is disabled, he is not dead. but cannot work. he is helpless: you have no pro- vision for him.
 MT Jones (Monsgomery)-Non On earth. It provides for the dependent members of the family.
 Mir. Burns-I want to say that l will withdraw my article in favor Of the substitute.
 The President-The question is on the substitute offered by the gentleman from Montgomery to the amendment proposed by the gentleman from Dal- las.
 MT, Rogers (Sumter)-And on that call for the ayes and noes. The call was not sustained. and a viva voce vote being taken, the sub stitute was adopted.
 The President-The question Is now upon the original section proposed by the gentleman from Dallas. as amend ed.
 Mir. Burns-I withdraw my amend ment in favor of the substitute.
 MT. Coleman (Greene)-I have been trying since I reached the hall to get into the merits of the question. and l would like to have the section sad as amended
 MT. Jones (Montgomery)-I rise to a point of order. The gentleman from Dallas offered an original section to the article. I moved a substitute for that which he accepted, and which the House has just passed, so that the sub stitute is not now before the House at all.
 The Presidential the opinion of the Chair a substitute is but form Of amendment. and when offered. is acted upon by the Convention as an amend ment. and when adopted the question recurs upon the adoption of the ser- tion as amended. The Chair will over- rule the point of order.
 MT. Cobb-I offer an amendment.
 The President-The gentleman from Mason will send up his amendment.
 The section proposed by the delegate from Dallas. as amended by the sub stitute. was again read.
 MT. Graham (Talledega)-I rise to point of order. The section just read Is the identical proposition that this Convention adopted as a substitute, and my point of order Is that it is too late to amend a proposition which las already been adopted, and the call for the previous question cuts off the other members from offering amendments.
 MT. Cobb-The previous question does not apply to the proceedings. The Chair has ruled both propositions are before
  amend the proposition of the gentle man from Montgomery.
 MT. deGraffenreid-I rise to a point of order. The gentleman Is out of order because the delegate from Greene has never yielded the floor.
 The Presidential the opinion Of the Chair. the point is well taken. The gentleman from Greene was recognized and has never yielded the floor.
 Mir. Coleman (Greepe)-I :eGret very much not having heard and go tten the benefit of the discussion on this ques- tion. and 1 have hardly Lad time to mature in my mind what is right and proper or how this section should be framed. As 1t is. 1t seems t0 me there is no remedy at law; the parties can not enforce any claim by any suit at law. It is left entirely to the discretion of the Legislature. That is the way the reading of the secton strikes me. No remedy Is given except such as the Le- gislature in the exercise of good judg- ment will give. They fix the compen- sation. How the Legislature Is to ar- rive at proper compensation except by taking testimony of witnesses, how 1t is to take the testimony of witnesses of course would depend altogether upon legislation hereafter to be provided by the Legislature. The whole thing is matter of legislation. If 1t is the desire of the Convention to make compensa- ton in the cases mentioned, it seems to me the organic law ought not to go further than to say that compensation shall be made, and let the Legislature fix its own rules. There is no necessity really for any such provision in the Cr- ganic law unless you see proper to as sert it. I would like to hear this pro- position discussed a little further be- fore we come to vote.
 Mir, Cobb-I offer an amendment.
 MT. Graham CTalladega)-It was pro- bably an oversight, but l rose to d point of order that the identical pro- position has just been voted upon by the Convention. and there was no rul- ing upon the point of order. The point of order I make is this: As stated by the chairman of the-committee, there was an original proposition. It was withdrawn by the mover by the unani- nous consent of the Convention. Then the chairman of the committee offered this as a substitute. There was noth ing before the Convention, but the sub stitute, and this Conv0ntion adopted the substitute. Therefore, there is nothing to amend until you reconsider the vote by which this substitute was adopted. ask for ruling upon that point of order.
 The President-The Cbair will state that the gentleman Is mistaken in say ing that the gentleman from Dallas asked unanimous cofIsent to accept the substitute, and that it was accepted by unanimous consent. The original sec tiOn as offered by the gentleman from Dallas was pending, and while il would have been perfectly competent fer the gentleman from Dallas, had he obtain ed unanimous consent. to accept the substitute, and the question would have then been as if the substitute had been the original TEoposition. But that was not the course pursued. The question was submitted on the adopt ion of the substitute for the section as proposed by the gentleman from Dal- las and as the Chair understands all the parliamentary authorities hold that a substitute is simply a different form of amendment. and when adopted it is adopted as an amendment and the question recurs on the section as amended. The scope of the amendment, the fact that it strikes out all or a small part or all but the enacting clause, or all but one syllable, 1t seems to the Chair does not change the principle. It is an amendment notwithstanding. and the question would recur upon the section as amend ed
 MT Graham (Talladega)-Sup it strikes out everythinkg, then what?
 The Presidential seems to the Chair that the principle would be the same.
 Mir Graham (Talladega)-Did not the gentleman from Dallas ask to with draw his original proposition and &C., cept the substitute?
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