The Montgomery advertiser., 1901-06-14

the affirmative for the purpose of nov Ing a reconsideration.
 Mir. Reese--I make the point of or der that e reconsideration cannot now be had. &
 The President-The Chair was just referring to the rule. In the opinion of the Chair it would go over until to- morrow.
 MT. deGraffenried-I move q suspen- sion of the rules, and that. this motion to reconsider be now taken up, and disposed of by this body. I want to say, Mr. President, that we are on this Section now, and 1t seems to me more orderly to first get rid of this Section before we go to another, and for that reason | make the motion.
 The motion to suspend the.rules was carried. on a division, s6 ayes to 30 noes.
 MT. Fitts-Now, MT. President, call up my motion to. reconsider, and upon that I desire to be heard.
 Mir. Long (Walker)-I make Q point of order.
 The President-The gentleman will state the point of order.
 MT. Long (Walker)-I make the point of order that the gentleman cannot change his vote from an aye to neg ative vote. on a rising vote. and with out an aye and nay vote.
 Mir. deGraffenried-The gentieman's s objection comes too late.
 The President--It seems to the Chair that the point is made too late. if there Is merit in 1t at all. The question is on the mo- tion of the gentleman from Tuscaloosa to reconsider the, vote whereby this Convention adopted the amendment proposed by the gentleman from Cham bers.
 Mir. Fitts--Now I ask that the amend ment of the gentleman from Chambers be read.
 The amendment was again read.
 MT. Fitts Mir. President, your Com mittee feels that 1t owes the House an apology for having had to consume this time, and ask for this reconsider ation. We were talking at the time the motion was being put. We really ought to have called attention to what we think Is a fatal error, and a fatal danger ir the amendment of the dis tinguished gentleman from Chambers. You will notice that the Section makes it the duty of the Speaker, when he
 assembled the joint Convention, tt count the vote. purely ministerial. Now, if you stand by the vote that you took 6 moment ago, and make the pow CT of the joint Convention bound by the limitations which confine the Speaker you make the power of the Convention purely ministerial, and no matter how grossly erroneous might be the con- tents of the envelopes when broken al the deBk, palpably erroneous, they would simply have to be checked down, and called off, and the final result declared, no matter how erroneous it might ap- pear.
 MT. Robinson-May ask the gen. tleman a question?
 MT. ,Eitts-Certainly.
 Mr. Robinson-Isn't that all that the amendment proposes to do, and isn't that all that it does do?
 MT. Fitts-That is the fact, that is exactly what the gentleman proposes, and the Committee respectfully thinks that would be a dangerous thing to do. While the duties of the Speaker ought to be purely ministerial, and while he ought to open those envelopes and count the result, there might possibly be occasions when that joint Conven- tion should have some more power than the mere checking and chalking down of the returns. There are constantly arising. when the two houses meet to canvass the result, the most glaring On On0 OCCdclOht AI 10 NCAl known here, that the person who was l running for Attorney General in this | State was voted for for Treasurer, and the one that was running for Treasurer was voted for for Attorney General ir several counties in the State. There | ought to be reserved power to cor rect errors that are apparent, to carry out the intention of the voters. Fol | that reason the Committee think WI had better pause, and consider thu proposition as to whether or not the joint Convention when 1t assemblies | should be confined strictly to a mere counting and adding up of the returns no matter how erroneous they may ap- pear to be set down. It is for that reason we desire to call attention to it Mir. Pillans-May I ask the gentle man q question?
 MT. Fitts-Certainiy.
 MT. Pillans-Were the votes for a particular gentleman for Treasurer | counted as though they had been cast ] for Attorney General on the occasion mentioned, and were the votes cas-! 1 for the other gentleman for Attorney General counted as though they had ibeen cast for Treasurer? MT. Fitts-In that particular in stance it made no difference and they were counted as they were actually | opened there; counted eroneously, be. cause it made no difference in the gen. eral result.
 MT. Pillans-May ask another ques. ton.
 | MT. Fitts-CertainIy.
 MT. Pillans-Is it the opinion of the Committee in such a case, where i would make a difference, that the vote | ought to be reversed to meet the sup. | posed intention of the voters? Mir. Fitts-I suppose there ought IC
 be some power in the joint Conven
 tion, in as important an assembly a! the Senate and House assembled to- gether, in a time of emergency, tt carry out the real intention of thu people.
 | MT. Rogers (Sumter)-I rise in thc interest of the amendment of the gen | tleman from Chambers. The question it seems to me before this body is this whether the power of electing the Of ficers of this State shall be with thu people, or with the General Assembly | of Alabama. It seems to me that T | the only question under consideration If we do not limit the powers of thu General Assembly to that of mer' ministerial body. they can, wheneVe | they wish to change the re
 suit, come up here and defeat O. elect any one, before the General As
 sembly of the State of Alabama.
 MT. Jenkins-I was on that Commit
 tee. and l hate very much to diffe
 with the members of the Committee
 Mir. Jones (Montgomery)-If the gen
 tleman from Wilcox will pardon me.
 have substitute that think VII
 meet the views of my friend iron