The Montgomery advertiser., 1901-06-23

q election for State offices in Alabama, the houses are bound to be close as they are elected at the same time. you invite trouble at the very opening. would like to ask the Committee if there Is Constitution in the United Staes which has a similar clause Co this? L-:-
 Mir. Jones (Montgomery)-I don't think there is. So far as I have ex- amined I have not seen one, but the question has not come up in any of the recent constitutional conventions.
 Mir. Pillans-I confess 1t Is a novelty. looked hastily through the annotated New York Constitution which contains references to similar clauses in the Constitutions of other States and while I am not absolutely sure my impress sion Is you will find in eight-tenths- of the States a similar clause to what we have in our own constitution now, and which Is contemplated in the substitute I am advocating. In few of the New England States, Connecticut and Mas sachusetts and one or two others, the clause runs this way, that the returns from the select men or whatever they are termed there. shall so to the Sec retary of State and be placed by him in the hands of the houses who shall declare the result. In all the cases could find there Is constant idea that no contest is to be dreamed of until the result Is declared. Now, when we elect a Governor, we want Governor. It is not so material to the interest of the State that John Smith, Democrat, or, John Jones. a Populist, should be Governor but that there should be peace and order in the State, order in it's affairs. If there Is an error com mitted we arc too just to allow that error to go uncorrected. How Is 1t cor rected? By the perfectly orderly pro- ceeding of~a contest. If 1t be in coun- ty or city matters the contest is in their legal forum. If 1t Is in an elec- ton for general State officers such as those named in the section, the contest is before the highest body, unhappily a political body, but the only body in which 1t could be imposed-the joint Convention of the two Houses of the General Assembly. When those houses sit as a Judicial body to hear the complaint of the apparently defeated candidate and hear the evidence, every man unless a bad man feels as each Senator must feel in a matter of i'm peachment. "I am a judge. will decide honestly as judge" At least we may suppose those will be the feelings of those sitting as judges. But this pro- position submitted by the Committee undertakes to make that political body a set of judges at the beginning. and merKes the idea of contest with the idea of count. 6 thing which has never been done except. perhaps. In the ceie- brated returning board incident in Lou isiana. and which, from that experi- ence. certainly should not be encour- aged to exist here.
 Now, a word more as to the Sugges- tion that there may be a deciaratAon of a vote in the County by the can wasting board and that when the Speaker opens the returns from that County he finds greatly differing re- turns. And the suggestion Is made that that ought to stop the count un- iii a committee of investigation has gone down and ascertained the truth of that matter. That to my mind, in- wolves the substitution of political hear say. in times of passion, for certified official papers. The law has declared that the people who have handled these returns are all impeachable. l oouot not that there are sufficient laws on the statute books to cover all those cases. and If not sufficient, other laws can be put there that will throw prop CT protection around the people Tn that regard. And there are seals in the CIT cult courts of every county to certlIy the signature of the officials senolng LID the returns. But above all that' the gentleman saws that A. B. may rise in the Convention. when they have noun ing to do but count the vote, ana say 1t was announced in Shelby County at the time the vote of the electors was declared that the majority was 2,OOe and it appears here as 1000 or 5.OOe. IT the Houses are to stop on that, they stop on hearsay as distinguished from certificates of sworn officers, ana take it that has never been the prac- tice in any republican form of govern ment and never will be the practlce: There always has been and always VIII be a recognition of something coming from officials as being valid and upon inc recognition of that something as being valid the count Is closed, ana upon the count being made the com mission will issue and nothing VIII then be left for the joint Houses.
 MT. Jones (Montgomery)-I regret very much that as chairman Of the committee 1t is my duty to speak again on this subject. It reminds me or conversation a very dear friend or mine once had with newspaper re- porter. My friend was driving through the country in midwinter, over mtser- able. muddy roads, with one lone news paper reporter for a companion. He was a candidate for reelection for
 Governor, and had been going over the State from day to day, sometimes making i've or six speeches day. Be- ing gloomy he sought some sympathy from his companion. He said he was so tired of having to talk, making the same speech with slight variations over and over again-thRt he was get- ting tired of the sound of his own voice. Is it best to have to this? He got no consolation, however. for the bright newspaper reporter responded: Yes. It Is bad; but If it is bad on you. what do you think it is on me. who have to listen to all your speeches? l hooe the Convention has not yet got in the frame of mind of that reporter.
 I will detain you no longer than ls necessary to answer some objectionS.to the substitute.
 There are tive propositions before the House. One is the substitute by the committee. and the other Is the sub Rtitute for the report offered by the gentleman from Sumter. They are very different propositions. The proposition of the gentleman from Sumter is, that the joint convention shall be mtnlsA terial body only, and have nothing but ministerial power. The substituted re- port by the committee gives the joint convention, as we think it has always had. judicial power in certain respects only. I generally yield great deference to any statement of law coming from my friend from Mobile (Mr. Pillens). because he Is usually very accurate. am satisfied if he had examined this