The Montgomery advertiser., 1901-07-21

eign power Is vested. Would not such doctrine be in effect to vest in the General Assembly, may be indirectly and negatively, but nevertheless in substance. the powersto control the peo- pie. to dictate to them and to the Con vention. what amendments, alterations and revisions shall. or shall not, be considered ana placed in the Constitu- ton. Would 1t not arm the General Assembly with the power in advance by the act for submitting a mere pro- posai to the people that a Convention shall be held to revise and amend the whole Constitution, to perpetuate pro- visions obnoxious to the people? Could 1t have been the intention of the fram- CTS of the Constitution of 1875 to arm the General Assembly with the para mount power of restricting a Conven- ton called by the people to those al- terations and amendments only which the General Assembly deemed proper or desired, and thus hampering, bind ing and lettering in advance the only body which can place restrictions on its power? The very Act itself forbids such construction. Section 1 plainly and unmistakably speaks it's purpose and scope, namely: That on Tuesday, the 23rd day of April, 1901, an election shall be held for the purpose of deeter- thAittu6 WHCtHChp cI hOb O SohNChttOkA shall be 'hel5 to revise and amend the Constitution of this State. and the ques- ton of Convention, or no Convention, shall be submitted to the vote of the qualified electors of this State, and if a majority of the voters, voting at said election, shall approve the holding of a Convention for the purposes stated, the Convention shall be held as hereinafter provided" And Section ' is in the fol- lowing language: Said Convention shall continue in session until 1t shall, by careful revision and amendment of the present Constitution, frame and adopt a revised Constitution for this State"
 Can 1t be contended with any show of reason, or authority, that the power to revise and amend the Constitution was not to be lodged by the people, but lodged by the Legislature, in the Con- vention according to. the express pro- visions of the Constitution and of this Act? It cannot be contended that by the cIause "as hereinafter provided that the General Assembly had tho authority to dictate to Convention with such broad powers vested by the Constitution in the people and their Convention. what provisions (as the General Assembly seemingly attempted to dol, should, or should not, be placed in the Constitution by the commission ed representatives of the sovereign peo- pie in the exercise of their delegated and paramount powers to revise and amend the fundamental law of ths State. The expression "as hereinafter provided cannot exceed the. power vested in the General Assembly under the limitations of the Constitution, namely: To prescribe the qualifica- tion and mode of selecting the dele gates and fixing the time and place for the assembling of the Convention, and such other incidents within the limita- ton on its powers prescribed in the Constitution in its special grant and in harmony with the expressed purpose and power of the Convention and in aid of the sovereignty of the people. Any other commands, provisions and limitations. restrictions and penalties, direct or indirect. not thus in harmony or in aid of the purpose and powers of the Convention are void. This is diff ferent question from that of submit ting back to the people for their ap- proval, or disapproval, the revision and amendments of the Constitution-the appointed work of their delegates-for this Is not in opposition to their in- herent and sovereign rights. and Is in harmony with wise policy conserva- tive or IHe pTtNllC6C OI tAC EONCisHSh people to finally supervise the work of their representatives and delegates and approve, or disapprove, the same. In the other cases, the General Assembly proposed to limit the powers of the sovereign people and dictate in advance what a Convention called by the people and receiving its authority solely from them shall do and restrict the exercise of power over which 1t has no control. The one is Tn aid of, and in consonance with, the power; the other Is antagcn- istic thereto and subversive thereof. The one may be valid, the other must be invalid-that in aid of and in con- sonance and harmony with the sover- eign power and its full and free exer- else can stand the other must fall. If the General Assembly has the vested right to limit the time of the Conven- ton to fifty days, it can restrict 1t te ten days, or one day; if 1t has the vest ed right to provide for per diem com
 pensation for fifty days. 1t can pro. vide for only one day. or for no conn nensation. It is admitted by the very able lawyers holding a contrary view, that if the General Assembly had made no provision for the payment or any compensation to the members and of- ficers. clerks, or for stationery print ing. and all other things proper and necessary to enable the Convention to
 perform freely and according to its own best Judgment and discretion the duties imposed upon it, that the Con- vention woul dhave the power and au- thority to fix the compensation of the members and provide for it's payment out of the treasury of the State. This Is. therefore, an admission of the in- herent power of the Convention to do SO: and then can 1t be contended that the full exercise of this power by the Convention is forbidden. controlled and abrogated by clause in this Legisla" tive Act providing compensation for part only of the time? Is it not the correct doctrine and construction that the section fixing the per diem compen- sation of the members, being m mar mony and consonance with the purpose and power of the Convention and the sovereignty of the people, should be held valid, and that the proviso thereto in the nature of a covert penalty, for bidding compensation for longer time than fifty days. must be held in-
 valid and void as being antagonistic 10 the power of the Convention and not Tn aid, but in antagonism to the SOW ereignty of the people. The people, ana they alone, could, by their vote, per emptorily command thathH contention shall be held for the purpose of revis- ing and amending the whole .Constitu- tion. and they alone elected and com
 missioned their delegates and vested them only with full power to do their work. and in the language of Section of said Act. "To continue in session