The Montgomery advertiser., 1901-06-22

against any such danger. and hope F 1t will be adopted.
 Mir. Samford-we have been in ses- sion lacking nine minutes of twenty six Cohyention days-working days. To the minds of many Of us and to the minds of the public we have acconp- iished very little and 1t has occur d | to some of us that our sessions are either too short or too widely separated. The Committee on Rules reported the other day a rule requiring us to have a1 afternoon session beginning at 3 o'clock. and that was laid on the raSie until Thursday or such other time ss the Convention should see proper to take it from the table. For the pur- pose of taking that report from the table I move that the rules be SIS pended and that subject be take I t'p. The President-The Chair is unable to see how the Convention is going to get rid of the pending question. The pending question is the substitute or the delegate from Sumter. It might De laid aside temporarily by unanimsas consent.
 No one objecting. the Chair took : vote on the motion of the delegate from Pike to suspend the rules, and the | House refused to suspend the rules. Mr. PnIans--Addressing myself to | pending question. think every mem | Der in this House must have in mem ory the infamous Returning Board | that afflicted Louisiana a few years | gone by and through Louisiana the | United States, and produced the neces- | sit,, for the Electoral Commission that | settled the Hayes-Tilden contest. And I take 1t no man who bears in mind | the evils the Returning Board pro- | duced at that time will want to see a, | Returning Board established in Alapa- ! ma. in our State affairs. l know that my honorable friend from Montgomery. l who has charge of the matter. Is in- sjsting and will continue to insist. un- | til he goes down under the vote of this 1 Convention. that he has not thought | in this substitute plan for Return- | ing Board. and I know he IS honest | in that contention; but every time he opens his mouth in justification of his plan he shows that he intends | to give judicial power to the joint con- vention of the Houses.
 In the argument which he has made. | and very ingeniouslV made, in support | of the & Dstitute offered by the com l mittee and against the substitute Of | the gentleman from sumter. ne has | given us an illustration of the neces- | sity of standing by the substitute Of | the gentleman from Sumter, if we wish
 to be rid of Returning Boards. For ex- | ample. he said Suppose the Montgom-
 cry County Board of Canvassers or Supervisors or whatever they are styled. count the vote of this County and makes a certificate to the Secre- I tary of State and gives out publicly that there is a majority of one thou l sand, for A. B. against c. D. for Gov
 ernor of Alabama. and suppose when this Is opened by the Speaker in the l presence of the joint House it appears
 to be tyo thousand majority" now, he says. that ought to be inquired into by the two Houses and settled there;
 that if 1t is suggested there is an error and nobody opposes the suggestion. 1t ought to be settled at once. Further
 on. in answer to some questions put to the gentleman, he says You can
 send it out to committees and take evil iegte." Right that moment he declares that he intends to have Returning Board, nothing short of it. I wish to ask the gentleman if they desire such
 . thing?
 Mr. Jones--Is there anything now to 1 prevent these 133 men If 1t Is said the returns are not genuine to have that
 matter settled?
 Mr. Pillans-Most assuredly there is.
 MT. Jones-Have they not the right
 to see whether the returns are in prop CT form?
 Nr, Pillans-I will answer that un-
 der the present Constitution. following
 the Constitution of the United States
 and the Constitutions of nearly all of the other States, the returns are sup
 posed to be fairly and honestly made
 by the canvassing officers of the Coun-
 ty. We have to trust somebody, and
 we trust the canvassing officers in the
 county. If there is any danger of the
 returns, when they are coming to the
 Capitol, beirg tampered with in the
 mail, 1t Is within the power of the Leg
 islature to provide for safer way,
 but that is matter we do not deal
 with in a Constitution. The idea that
 seems to be involved in the gentle
 mans proposition Is that you must
 have a chance to contest some part
 of the election on the prima facie
 count. I deny that. I say the who:e
 principle of republican government is
 founded on trust. First trust in the
 electorate, that tkey will elect good
 men. Next trust in the Canvassins
 Beard that they will honestly canvass
 the vote without inquiring past fhe
 vote. but just find the prima facie re-
 turns. Next that when the retur! ! | reaches IHe otdtc CdpllOI lLst AS "h
 be honestly canvassed by the House
 Don't forget gentlemen, that there Will
 be the constitutional provision and ir
 all the election laws the retention oi two distinct ideas in the election, the | first la that there shall be a prims facie count and that there shall be g speedy count and that shall be based , on the face of the returns; and nex that there shall always be opportunity
 TO contest when parties arc given no ] tice and witnesses summoned and de } 1 lay had for the purpose of settling , the contest
 As to the forgery suggested - . MT. Jones-The clock will strike be , fore you can finish answering that. Mir. Pillans-Then l shall have tht 3 floor in the morning.
 , A motion was made that the House remain in session until the delegate l could finish his remarks but the clocl ? struck before the motion could be put
 The President-Under the rules th'
 Convention is adjourned and the gen tleman from Mobile will have the tlool ? in the morning.
 5 By consent the report of the Com t mittee on Journal stating that tht
 Journal for the 18th day was correct was read and on motion was adopted. : By further consent resolution No ! 390 which had been referred to thu Committee on State and County Born daries was referred to the Committe on Amending the Constitution ant Miscellaneous Provisions.
 Announcements were then made am ! the Convention adjourned.