The Montgomery advertiser., 1901-06-21
OFFICIAL REPORT OF THE PROCEEDINGS OF
 THE CONSTITUTIONAL CONVENTION OF ALABAMk1

--it Is not so attractive to 9he gener- ality of mankind that it is liable to I draw the very best talent in the State. It is true, good men have served in | the General Assembly, in the past, and will in the future. from motives of pa | triotism, but in this material age men look to other motives than motives of unselfish patriotism, and I submit | If we make the term four years, and absolutely disqualify him during that time, to disqualify him from any office that becomes vacant during his term, 1t will be serious drawback to get- ting good men in the Legislature, and I submit we will not get as good men in the Legislature as We have in the past under such condition of affairs as that. It will not be a man getting | into politics to go to the Legislature, but retiring him from politics, and for these reasons, believing that having removed the temptation from the Gov ernor to abuse his patronage that the influence he win exercise will be en- tlrely salutary I move a reconsidera- | ton of the question
 MT. Oates-I desire to consume a few minutes time in calling the attention Of the Convention to reasons for the motion made by the delegate from l Limestone CPettus) to reconsider the l | port of the Executive Department touching this subject was adopted. If l recollect correctly that proh b.ts the Governor from appointing any member of the General Assembly during his term. What wish to impress Is. that IL seems to me that that is too narrow. The provision in the present Consti- tution-it has been in part subject to | abuse. and hence the necessity for lC Representative shall, during the term
 Tor which he is elected, be appointed to any civil office of profit under this 1 state. which shall have been created | or the emoluments of which shall have been increased during such term. ex- cept such offices as may be filled by election of the people," I confess that this was not perfectly clear to me until studied and discussed. though It has been in the Constitution of Ala bama probably ever since we had Constitution. As I learn the com piaints made was in addition to cases | that have come before the courts. for instance. the Montgomery case and the Porter case, with which lawyers are all familiar, but later and during the General Assemblies before this last the then Governor appointed a member to military office, and some complaint "OS th0uC IL, ana IL was sup posed that 1t was really contrary to this provision. If gentlemen will read It they will see it was not, because military is not in it, 1t says ito any civil office which has been created, or | the emoluments of which have been in- creased" Now the amendment which the Committee on Legislative Depart ment deemed necessary to this to oper- ate in the future was simply to incor- porate in it after the word civil, mil ltary'" civil or military office of profit" With that amendment in 1t 1t seems to me that 1t Is complete and needs no further change. Now let us look further. First, during the term for which a gentleman is elected to the | Legislature, in the House, he is inel- | gible to be appointed either by the ac- tion of the General Assembly or by the Governor. For instance, in the Montgomery case, and in the Porter case. too. they were elected by the Leg islature of which they were members. the office having been created, and that was, in the language of the Con- stitution, an appointment.
 Now, sir. these last words: Except | such offices as may be filled by cleo tio1' of the people, presents this kind of case: Suppose the Governor should l see proper in the event of the death of Circuit Judge, an office not cre- atel by the Legislature of which the l gentleman rendered the ap- pointment was member at all, and the emoIuments of l that office not increased by that legislature. and the Governor should think that he found smong the mem
 bers a very suitable man to appoint, a judge, for instance to that office. He could appoint him because that is an office filled by an election of the peo- ple and it cannot be said that this gives the Governor an undue power, or should unduly influence him. If he finds member of the legislature the best man to fill such an office as that, | why deny him that power? It has never been done in the history of the State. This clause has remained all the time. and the only. complaint that l have ever heard made about it was in its supposed violation by the ap- pointment of gentleman to a mili- tary office, a member of the legislature, when that was not excluded by the provisions of the Constitution. Now with that amendment. by inserting that word. isn't it wise to retain in the | Constitution a clause which has been in it from the beginning or shall this Convention take away from the Cover nor the right to appoint any member IHS IO ally l think it ought to be retained with the amendment. and for these reasons. I am in favor of reconsidering the vote by which this section of the report of the Committee on Executive Depart ment was adopted yesterday and toi re- enact. don't care, although this be- longs to the Legislative Department, 1 care nothing about that. Il just as leave it was put in che Executive De- partment. What I want is to aid what little 1 can in making a good and proper Constitution and 1 do not think it necessary to reach out and put in such a sweeping provision as that re- ported by the Committee and which has been adopted by this Convention, and therefore l am in favor of recon sidering it with a view of re-enacting this provision with that single word or amendment in 1t.
 MT. Sentell-I hope the members of this Convention will decide to recon
 slider the vote by which this matter
 was passed on yesterday. It seems to
 me that in this matter we have gone
 too far. To say that members of the
 legislature shall not be appointed to any office during the entire term for
 which they have been elected, seems
 to be going entirely too far. Mir. Pres ident. it often happens that a man is elected to the legislature over his pro-
 test. he may not desire the place, and
 yet his people will elect him to the po-
 sition. now. under the present section
 although he may resign at once, during I 1F .t- RfN4 lNo