The Montgomery advertiser., 1901-07-21

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 F. Mir. Long-Not that particular part 1ne rresfdent--Tne gentleman wiIt proceed. Mr. Long-The stenographic report on the resolution offered by myself said: MT. Long CWalker)--I ask that the resolution be referred to Mir.
 White I did not make any such state ment. asked that 1t be referred to the Committee on Preamble and Dec laration of Rights. The President--The official stenog- rapher will make the correction.
 Mir. Carmichael (Colbert)-I move that the report of the Committee on Journal be adopted.
 Mir. Jones (Montgomery)-I move to strike out that part of the minutes that show that the motion to table was adopted-that part of the journal which shows that the motion to table the amendment offered by the gentleman from Dallas was adopted. want to- say in support of that motion that there was a great deal of noise and confusion at the time the gentleman moved to table the proposition. l am satisfied that the chair, the temporary President. at that time. thought that the mater was a joke on the part of the gentleman from Dallas, and was paying no attention to 1t. and he stated that the motion was tabled. In the lightning rapidity with which he was going on at that time, without know ing what the facts were. The facts are members of this Convention were on their feet, demanding an aye and no vote, and the chair, inconsiderately, | thinking it amounted to nothing, said
 1t was laid upon the table, but after wards, on demand of Mir. Pillans. and | L ~f lz l,A a n noes were called on that after the mo- tion was said to have been laid on the table. and the char ruled on the point of order raised by the gentleman from CulIman that 1t was not germane and was res adjudicata. The chair ruled on that, that it was out of order, not on the ground that 1t was tabled, but on the ground already stated. l am
 satisfied. from recqliection, and am | further satisfied frdm what have been informed, that the clerk made the en- | try, because the chair announced, in | his rapid way, thinking the whole mat | ter was a joke, that 1t was laid upon the table. A great many of us know | that this House was overwheimnigiy opposed to thatp and We were surprised | to find that the amendment had been | laid upon the table. That is the reason | move to strike out that part which
 shows 1t was laid upon the table.
 MT. Carmichael (CoiberD-I was present yesterday afternoon when this
 matter was up and I desire to state
 the recollection and the other members of the Journal Committee have as to what transpired at that 1 time. Section 3s of the Legislative Department was under discussion. The member from Dallas prepared an amendment by which he proposed to insert free passes" in this section. | The amendment was sent to the Sec | retarys desk, the amendment was read and the President presiding put the
 motion as to whether the amendment should be adopted or not. The gentle man from Calhoun, MT. Greer, at that time moved to table the amendment or l the gentleman from Dallas, and on that
 motion the House voted. The Presi- dent presiding decided that the amend ment was tabled. I think members | who are here will remember that this IS
 what happened. At that time the gen. tleman from Mobile, MT. Piilans, was l insisting that he was on the noor call l ing for an aye and no vote, but the fact
 Is that the President pro tenn. or the 1 Convention had decided that the
 amendment was tabled at that time. When the gentleman from Mobile was | insisting that he had occupied the floor
 calling the ayes and noes, the Presi- | dent. in an effort to conciliate the con 1 vention. asked unanimous consent that an ave and no vote be taken, put iunanimous consent was never given,
 and the President never decided that
 unanimous consent was gwen Io the
 taking of an aye and no vote. Ineie
 upon, as the journal shows, the sen.le
 man from Cullman, MT. Cofer. raised
 the point of order that 1t was res ad- iudicata. and the President decided Tn
 favor of the point of order, and upon | that the gentleman from Montgomery
 took his appeal. In support or mat II l vou will look at the stenographic re | nort. you win see that the stenographlc
 report supports the report Of the cierA
 of this House. I read from the steu-
 ogra aphic report-it Is on the Iourtn
 nape fhe last column on the fourtn
 pase. "The secretary thereupon read inc amendment offered by MT. Burns os ,s
 Dallas as follows: Amend section %
 hv adding after the word reward m
 the third line, the words free pass.
 Now the fact is, that the chairman
 never did recognize nor see MT. Fiji
 ians hui he declared the motion to ta-
 ble carried. MT. Pillans then salo,
 call for the ayes and noes. The chair
 declared the motion to table carried.
 Mir, Jones (MOntsOiHSiyy
 the gentleman a question!
 Mr Carmichael-Certainl
 Afr Jones-As I understand tne
 journal does not show that the tems
 norAry chairman, with the consent oi the House. took an aye ana no vote.
 MT. Carmichael-No, sir anu 1he
 President never did. u .So uo,.
 Me Jones-I want to call the gen,
 tleman's attention to it. At the neau
 ~ tha frst column on the fifth page
 Hts the Chair had heard the gentleman
 ha woI,ld have put the question over
 and the Chair will ask now to pc per
 ,,litted to do so and that the gentleman he allowed to make the point ne was
 oSout to make. There being no opgec-
 tion the leave was given!r'' Inen NIT. l 1uIans goes on to state that ne was satizsed the Chair had not hearo nm
 and some colloquy took place, put MI;
 q,u1a 1 n, kept insisting that he nad
 dan,anded the ayes and noes. Wniie
 that question was pending anu anu, Mr
 Iournal does not state 1t correctly, wi G.ofer says. q rise to point or oruel,
 that this is not germane ana It mas M Keen defeated by this House on oIl-
 serent occasions, and has been setI1vu. ,s,'
 Then the President pro tenn salo' An1 ', l Chair rules the point of order IS wen
 taken It seems to me, MT. Fresi-
 dant that the Journal does not eX- actlv describe what took place, when
 Inc President is put in the attitude or
 r,Iinq thing out of order which ac- l cordinr to the Journal was on the taoie'
 o,hen in fhe subsequent proceedings the