The Montgomery advertiser., 1901-06-14

Mir. Walker-The amendment offered by the Committee simply makes pro- visions as to the terms of office oi those elected in 1902. The amendment offered by myself clears away the am- biguity, and makes the terms apply not only to those elected at that time but to the officers elected thereafter as well.
 Mir. Jones (Montgomery)-We are anxious to accept anything coming from So eminent a source, but if the officers hold for four years after that time, how can there be any ambiguity about it?
 The President pro tem-The ques- ton is on the amendment of the dele gate from Madison.
 MT. ONeal-I ask that the Section as amended by both amendments be read.
 The Section as it would be with both amendments was read as follows:
 Sec. 5. The Governor, Lieutenant Governor Secretary of State, State Treasurer. Attorney General, State | Auditor, Commissioner of Agriculture and Industries shall hold elected in the year 1902, and every fourth year there after, their respective offices for the term of four years from the first day ] of December of the year in which they | shall have been elected, and until their | successors shall be elected and quali- | fled, and after the first election under | this Constitution neither of them shall be eligible as his own successor, and the Governor shall not be eligibl to | election to any office under this State | within one year after the expiration of his term; and his acceptance of the office of Governor shall be a pledge to the people not to accept an slection or appointment to the Senate of the United States at any time during his term or within one year thereafter.
 MT. Lomax-The remarks of the Chairman of the Committee show that the amendment offered by the gentle- man from Madison is entirely unnec- essary and therefore move to lay that amendment on the table.
 The motion was carried.
 Mir. Greer (Perry)-As matter of euphony, move to strike out the word State" before the words Auditor and I Treasurer
 MT. Pettus-I rise to a point of order. ! The amendment by the Committee is the question before the Conventionv
 MT. Jones (Montgomery)-I submit when a Committee has reported an or dinance it has right to amend it's own ordinance, just like one who makes a motion has the right to amend it. 1 | upon the theory of unanimous consent. If there is no objection the report can | be amended as asked by the Commit | tee.
 1 There was no objection.
 | MT. deGraffenreid-I move to amend Section by striking therefrom all of the section following the words "ex- l piration of his term" in the seventh i line.
 The effect of that amendment if adopted by this convention would be to strike from Section so much of the section which reads as follows: and his acceptance of the office of Governor shall be pledge to the people not to accept an election or appointment to the Senate of the United States at any | time during his term ,or within one 1 year thereafter" The section above that provides that the Governor shall not be eligible to any office within the gift of the people, that is, shall nSt be eligible to any State office within one year after the expiration of his term. My objection to this latter clause which l move to strike from the section. is this; We are adopting Constitution for a State. We should not put into that Constitution anything that Is not law because a Constitution is the fun
 
 should not attempt to do anything, we should not attempt to put anything in there that We have not the power to enforce. The expressions used by the committee in this article disclose to this convention the fact that we are at tempting by this clause to do some thing that we have no legal power to do and to require the Governor to pledge himself not to do something which if he does, for the doing of which We can -infiict no penalty. We say this acceptance of the office will be a pledge to the people not to accept an | election or appointment as a United States Senator at any time during his term or one year thereafter. But sup pose he were to accept such a position, | would not we be helpless? What could We do? A legislative body unless there are rules to the contrary is a law unto itself. It Is omnipotent in passing on | the qualifications of its own members | And so when a man who has been GoYA ernor of a State received in legal form the office of United States Sena- tor, there would be nothing on the Senate to prohibit them from adopting him into their body as a member | thereof.
 MT. White-It Is not his acceptance of the office but his trying to get office | that we are endeaVoring to get rid of. | MT deGraffenreid-Yes, I see the l evil and I think so far as the Conven- tion is able legally to do 1t, we ought 1 to withhold from the Governor any temptation to improperly use the power the law places in his hand, But the | objection is we are undertaking to do that in an instrument that purports-to | be a legal instrument, that purports to | speak only the law and we are thereby | attempting to do something that if Vt | is disobeyed there is no power to en- | force a penalty.
 | MT. Burnett-Suppose we should en- | graft this in the Constitution and the | Legislature should elect a Governor to | the United States Senate during his | term or within one year thereafter, do you think that the Senate of the United | States would decline to allow him to take his seat?
 | MT. deGraffenreid-I will answer your | question by referring to something that | happened in the history of this Gov ernment. When John Randolph of | Virginia first appeared before the House of Representatives and asked to be sworn in as a member of that House, he was under the age of 2i years. and some man arose and chal- lenged his right to the seat.
 MT. Burnett-Let me ask you another question.
 Mir. deGraffenreid-I am answering your question now. Some man arose -and challenged his right to take his seat and asked him if he was of age