The Montgomery advertiser., 1901-08-02

to read and write on account of phy sicai ability. if except for such phy sical disability he could qualify under this section, then he shall have tho right to vote. One of the provisions i: that he should be employed the greatei part of one year. Now how could yol tell whether he would have been em- | ployed except for those disabilities. 1 don't know. | The President pro tem-The question before the Convention is on the adop' tion of the amendment offered by the gentleman from Chambers. | Mir. Weatheriy-Confine 1t to the reading and writing part of 1t. l MT. Smith-There are plenty of peo- pie physically disabled. who cannot read and write but who can work and do work and make good living. MT. Wfrite-When this sectior | WAS re-referred to the committee they again gave it their thoughtful and very patient consideration. The pro vision in this section with reference tC | physical disability. as I remember it. is almost an exact copy of the Masss | chusetts statute on that subject. and will invite the attention of the Con vention to the reading of the section itself: First Those who. unless pre- vented by physical disability. can read and write any article of the Constitu- ton of the Unite States" Now If that section and that language do not say that any man who can read and write any article of the Constitution but for a physical disability which prevents him from doing 1t. do not understand the English language or the force of it.
 Mfr. Cunningham-Have the courts pa ssed upon the question. defining phy- sical disability where the power to do thing is supposed to be mental
 Mir. White-I have no doubt there are such decisions. but I do not recall them just now, hut it is very clear to the laymans mind as well as to the professional men.
 Mir. Cunningham-I will ask the gen tleman a question. Can you play the fiddle?
 MT Wkite-No.
 Mr. Cunninsham-Is that mental or physical disability?
 Mir. W'hite---It is possibly want of training. suppose. of course. it would be a mental disa bility.
 Mir. Cunningham-Then scientific lily the mind Is as much physical product of tke original structure as the secre- tion of bile Is by the liver. and it is a question in my mind if the mental dis ability is not a physical disability.
 Mir. White-What we understand generally by physical disability is the result not ot mental inactivity or mental disability. but something that relates to the physical part of man. For instance. if man is blind. and he could read but for that fact then he has the physical disability which pre- vents his reading. For instance, I suppose one third of the gentlemen in this Convention cannot read without artificial aid. They cannot see. yet they can read ,as matter of fact. The man who is deaf and dumb can read and he can write because he has means of reading and writing. He cannot read in the serse that we ordinarily read audibly. but he can read. write 1t down. and demonstrate that he can read. as a matter of fact. So it occurs to me that the commit tee has done the best it can. No one else offers a solution of this proposi- tion, or offers anything better than that which the committee offers, there fore, I move the adoption If Subdi- vision l of Section as reported by the committee, and I move 10 lay the amendment of the gentleman from Chambers on the table.
 The President pro tem-The question is upon the motion of the gentleman from Jefferson to lay the amendment offered by the gentleman from Cham bers upon the table.
 MT. Sanford-I asx for sha reading of the amendment of the gentleman from Chambers.
 The Secretary again read the amend ment.
 Mir. Robinson-I ask unanimous con- snet to add that at the end of Sub division l.
 Mir. O'Neal-I object.
 Mr. Pettus-I ask to have fl read. before consent Is given.
 The President pro tem-The-e is cb- jection.
 MT. Robinson-I ask leave 60 with draw that amendment and offer another one.
 The President pro tem-The gtntle- man asks unanimous consent to with draw the amendment to Subdivision of Section 5.
 Mir. Ashcraft-There was really no objection except that members did not know and they wanted d reading to know what it was.
 The President pro tem.-The Chair
 
 ed the objection. The question is upon the motion to lay Uron the table.
 Mir. Hefiin Charlottesville gentle man from Limestone stated to the Chair when he made the objection that he would object unless he could have it read.
 MT. Oates-I do not think the Chair fully understands the position of ,he delegate from Chambers. He asks leave to Withoraw his first amendment and substitute another which he has just sent up to the Secretary's desk, wnich has not been read.
 Mir. O'Neal-Is it open for discussion? If sor we want tU dlScuss It.
 The President pro tem.--Acc riding to the understanding of the Chair. the status Of the question is the gentle man from Chambers offers an amend ment 90 an amendment. The gentle man from Jefferson MT. White. made a motion to lay upon the ta ble, alter wards the gentleman from Chambers asked unanimous e nsent to withdraw lis amendment. It is the opinion of the Chair that pending motion to lay upoE the table the gentleman from Chambers could not withdraw unless the gentleman Withdraws his motion to lay upon the table.
 Mir. White-I am willing t) do 1t for the purpose only of substituting one amendment for the other.
 The President pro tem.-The Chair hears no objection and the gentleman from Chambers withdraws his amend J ment and offers a substitute. The Secretary read the substitute as