The Montgomery advertiser., 1901-06-14

make 1t harmonize, the committee will attend to 1t to the best of Its ability. MT. Erowne-I do net think the sec- tion as amended by the gentleman from Chambers is subject to the objec- tion made by the gentleman from Jeff ferson and as conceded by the gentle men of the committee. The first part of the section says 1t shall be the duty of the Speaker to open and publtsh the returns in tho presence of both Houses of the General Assembly in joint convention-that is the duty of the Speaker-and the joint convention Is to canvass the returns and declare the result where there Is no contest. Then the latter part of Section pro- | vides that where there is a contest 1t shall be decided by both Houses of the | General Assembly. but not in joint con- vention, but by both Houses in General 1 Assembly in such manner as may be prescribed by law, presupposing that the General Assembly will enact some law regulating contests to be had and decided by the General Assembly. And | it does not seem to me that there would be any conflict in the two provi- stons in the section as amended either the amendment proposed by the gen.
 
 tute by the Chairman of the committee. A vote being taken on the motion to reconsider on division resulted 66 yeas and 56 nays.
 So the motion to reconsider was car ried. MT. Rogers (Sumter)-I offer res olution.
 The resolution wss read as follows: Resolved that it is the sense of the convention that Section of the ordi- nance to create ana define the Execu- tive Department IS ambiguous and l should be recommitted to the Commit tee on Revision.
 | MT. Rogers-I move to suspend the rules that that resolution may be put upon it's passage.
 The President-The Chair is of the opinion that a motion to recomrnit is | in order without suspension of the | rules.
 MT. Jones-The committee is perfect ly willing to have this matter recom- mitted so as to conform to the desire l of the House, but We are unwilling, unless the House ccmpels us, to take 1t back now when we cannot understand what the wishes and will of the House are. And, if my friend from Chambers will permit me one minute. l think l can COuN1IlCS IiAliA WC oiC ohAAONS w N~ what he says.
 The Presidcnt-The question is on the amen iment of the delegate from Chambers.
 Mir. Jones (Montgomery)-I thought it was on the motion to recommit.
 The President-The gentleman is cor rect. The question was on the amend ment of the delegate from Chambers and thereapon the gentleman from Sumter moved to recommit, which has precedence of a motion to amend, and the question now is on the motion to re- commit, and the chair recognizes the gentleman from Montgomery. and the reason the chair asked the gentleman to suspend was to obtain order so that the delegates could hear what he had to say.
 MT. Jones( Montgomery)-I want to l call the attention of my friend from Chambers to one fact. The language is that the Speaker shall be under the control of the joint convention. and the amendment of the delegate from Chambers says that the joint conven- tion shall not have any more power than the Speaker. One cannot be un- der the control of the other, if each has equal power. I think the gentleman overlooked that in the hurry. If the | House passes some resolution declaring what is the sense of the convention as | to the power of the joint convention when it comes to count the vote, and declare what 1t wants more exactly, the committee will be glad to take the matter up and report on it; but in the absence of some such declaration, move to postpone the motion to recom- init indefinitely.
 MT. Reese-I rise to a point of order
 Tie President-The chair would rule that a motion to indefinitely postpone would not apply. The motion to re- commit has precedence.
 Mr. Reese-And on the motion to re- commit, move the previous question
 MT. Rogers (Sumter)-I would ask the gentleman to withdraw that just a moment. It is clear that whether this section is ambiguous or not, 1t Is ann biguous in the minds of a great many of us, and in order to give the Com mittee on Executive Department a chance to make it clear, move for the recommittment, and only for that pur- pose.
 The President-And upon the motion the gentleman from Dallas demands the previous question, and the question is shall the main question now be put?
 MT. Jones (Montgomery)-Wh is en- titled to the close on that? Is it the
 
 charge of the matter. or the gentleman who makes the motion to recommit?
 The Presidential seems to the chair that the gentleman from Sumter, as it is his motion, would be entitled to the close.
 Mfr Jones-If the gentleman of the committee
 The President-Does the gentleman from Dallas withdraw his motion for the previous question? The chairman of the committee desires to make an explanation.
 MT. Jones (Montgomery)-I simply want to make a request to find out what is wanted.
 | MT. Reese-I decline to withdraw the motion for the previous question.
 A vote being taken. the main ques- tion was ordered. The vote on divis- sion being 67 yeas and 3S nays.
 The President-The question is on the recommit this section to the Commit tee on the Executive Department. | A vote being taken, the motion to re- commit was carried.
 MT Jones (Montgomery)-Now if am in order, I wish to state in behalf l of the committee, that we shall be very much obliged to our friend from Sum- | ter who says the ordinance is obscure, | if he will kindly write out what he thinks will remove the obscurity. l MT. Reese here took the chair as President pro tenn.
 The President Pro Tem-The Secre- l tary will read the next section.