The Montgomery advertiser., 1901-07-20

 assessment or estimate made by the Governor and Auditor. In the first place. I think that it Is a duty that should be left to be discharged, by the Legislature itself In the next place. MT. President, I know of no law and believe the question was asked the distinguished chairman of this com mittee. I don't remember his answer, where Is there any law constitutional or otherwise requiring the Governor or the Auditor to make this estimate? Mir. President the gentleman said If there was a conflict between them that the Governor would rule. do not under stand but that it is left to the joint opinion of these two officers. or joint estimate. Suppose they differ. there Is no provision made to require them to do 1t. Suppose they fail to agree? ob- ject to it first, because think 1t Is in vading the prerogative of the Legisla- ture, and, second. 1t Is impracticable and cannot well be enforced, and yet I favor the general proposition ana not only see no harm in 1t. but in view of the fact that past Legislatures have appropriated more than the income. l think 1t would be a reasonable provi- sion that you should not exceed your income. It is a business proposition addressed to the Legislature. had Hoped, Mir. President, that if l could have gotten the floor in time, I had ifi- tended to offer an amendment by strik- ing out the words "as estimated by the Governor and Auditor" where they oc- cur in this section. With that stricken out I believe 1t would be good pro- vision-we would adopt all the merit that Is in the suggestion emanating from the committee and relieved of all the harm so ably presented by the dele gate from Macon and others, and rep resenting this view and trusting that the Convention will vote down this proposition move to make under my agreement with the delegate from Dale that I would call the previous question:
 Mir. Oates-I would like to ask the gentleman from Lee whether he takes any issue with this: Section za requires the Auditor to give information to the Governor, and Section II of the Con- stitution says the Governor shall from time to time. give the General Assem-. bly a statement of the condition of the government and at the commencement of the session of tLe General Assembly. and at the close of his office----
 Mr. Harrison-In reading the Con- stitution you are taking up all of my time.
 Mir. Browne-Can the Legislature en- act law requiring the Auditor and Governor to make an estimate?
 Mir. Harrison-They might or might not. YCu are requiring something here now, limiting the Legislature itself to an estimate and under your present Constitution. If you are going to make q constitutional provision of 1t you will have to put something else In to pro- vide for 1t. which I think ought not to he done, and I hope wont be done. When interrupted by the gentleAas.o from Montgomery I was proceeding to state my position. and ask the Con- vention that the previous question be called. let Us vote it down and let us vote on the pending amendment--if the Convention agrees with me, it is only my opinion, I think there Is merit in the amendment.
 MT. Cobb-I would like to ask the gentleman a question.
 MT. Harrison-I believe my time Is out. I would love to answer the gen. tleman's question.
 MT. Cobb--I move to extend the time of the gentleman. he has been inter- rupted. and that he be allowed five minutes.
 The President-The motion would not be in order.
 MT. Cobb-I move to suspend the rules.
 Upon a vote being taken the Con. ventior refused to cuspend the rrles. MT. Harrison-I do not want but ( moment. onIy wanted to piesent Cnt question to the Convention and appeal to the gentlemen who are so very much opposed to this measure, that some of us will vote to strike out what you think the harm is, but I will not, be- cause think there is some merit in the general proposition. and I think 1t is a good provision that the appropriation shall not exceed the income of the State.
 MT. O'Neal-Allow me to ask ques- tion.
 MT. Harrison-No. sir; my time is out. I hope the Convention under stands my position, and hope the gen. tlemen will; vote to strike out, and will If I get an opportunity. will have to call the previous question.
 The President-The question Is on the section as reported and the pend- ing amendments. The question is shall the main question be now put?
 UponA vote being taken, the previ- ous question was ordered by 64 ayes to S4 noes on a division.
 The President-I recognize the gen. tleman from Montgomery.
 MT. Oates-I don't care about occu- pying the floor at all, and yield 1t to the delegate from Greene.
 MT. O'Neal-I suggest that the gen. tleman from Greene made the motion and he had a right to close,
 The President-The ruling of the chair has been uniform in this Con- vention where the previous question Is ordered on the amendment and orig lnal section. the right to close cannot rest in two delegates. therefore the chair has uniformly referred it to the chairman of the committee.
 MT. O'Neal--I did not understand the motion. I thought 1t was on the amendment.
 The President-The gentleman from Montgomery yields to the gentleman from Greene.
 MT. Coleman (Greene)-I will inquire whether a motion has been made to adopt the amendment.
 The President-Yes. The immediate question now is upon the substitute of- fered by the gentleman from Macon to strike out the amendment offered and the original section as reported by the committee.
 MT. Coleman-The amendment which offered simply puts this section pre- cisely where you placed it yesterday when you adopted the section. The de- feet In 1t was in not providing for a surplus If it might accumulate. It was almost impossible to solve properly a statement hv hearing if read aa we