The age-herald., 1901-06-22

did had to be submitted to the people for their approval. but we ought not to fall to do what we thought was right. lie then moved the previous question unless the gentleman from Greene desired to further discuss it.
 Judge Coleman arose but objection was made to his speaking further, he having already spoken twice on the subject. The chair overruled the objection and Judge Coleman proceeded by saying he did not wish to discuss the matter now If MT. Knox would withdraw his call for the previous question so as to allow others to discuss it. Mir Knox declined to do this. and the call for the previous question was sustained.
 Judge Coleman's Reply.
 Judge Coleman having the right to con- clude under the rules, said he regretted that MT. Knox had seen proper to refer to him personally, sut 1t was gratifying to know that he had nothing else to say. He said that if any member of this con vention thought to tie on to this constitu- tion any dead weight they would regret it. If we sought by resolution to increase one salary there would be others which would come up for increase. The con- vention would be mistaken if they thought the people would ratify the constitution if there was too much innovation in it.
 
 statements as to the salaries paid the Governors of other states had not been questioned and he did not see why we should pay the Governor 5000.
 His amendment was then lost by vote of 56 to 80, and the original resolution was immediately afterwards adopted by a viva voce vote. This reads as follows:
 The Resolution.
 Resolved by the people of Alabama in convention assembled, That it Is the sense of this convention that the Gen eral Assembly of Alabama should, at Its first meeting after the ratification of the constitution, fix the salary of the Gov ernor of Alabama at five thousand dol lars per annum. Provided, the same can be done without an increase of taxation In the state.
 The committee on executive then re- ported unfavorably an ordinance by MT. Rogers of Sumter to regulate the open ing of returns of elections by the speak CT in joint convention.
 Section Four.
 Section as reported by the committee on executive yesterday was then taken up. This relates to the opening of returns for the election of officers and reads as follows:
 Sec. 4. The returns of every election for Governor, Lieutenant Governor Secre- tary of state, state auditor, state treas urer. attorney general, superintendent of education and industrial commissioner of agriculture and industries, shall be sealed up and transmitted by the returning of- ficers to the seat of government. directed to the speaker of the House of Repre- sentatives, who shall, during the first week of the session to which said re- turns shall be made, open and publish them in the presence of both houses Of the General Assembly, in joint conven- tion The joint convention shall supervise and control the speaker in the discharge of this duty and has power, first, to de- termine whether the returns are in legal form, made by the proper officers, and truly give the results as ascertaihed and declared by the board of supervisors in the several countless second, to correct such errors as may be found therein; third to procure proper returns, when, for any cause, returns from any county have failed to reach the speaker. The joint convention shall have no power to question the returns as to any other mass ters, or in any other respect. The per son found to have the highest number of votes for either of said offices shall be declared duly elected; but if two or more persons shall have an equal and the highest number of votes for the same office, the General Assembly by joint vote, without delay shall choose one Of said persons for said office. Contests for Governor, secretary of state, state audi tor, state treasurer, attorney general, su- perintendent of education and commits sioner of agriculture and industries, shall be determined by both houses of the Gen. eral Assembly in such manner as may be prescribed by law.
 Discussing the Section.
 MT. Rogers of Sumter spoke in favor of his amendment and against the section as reported by the committee. He thought the duties of the speaker in declaring the result of an election should be only min isterial and the joint assembly ought not to have power to investigate the question of irregularities.
 Governor Jones, as chairman of the committee, explained the object of the committee in formulating its report. He said they did not think it wise to put the joint convention in a straight jacket and make their duties purely ministerial If this was done the joint convention would be powerless to correct frauds. Suppose a board should refuse to send up the re- turns. In this case would the joint con- vention be obliged to announce the re- suit on the face of what returns 1t had? We are obliged to trust somebody as to the returns, anu IL IS Dclttt u llic joint assembly as a returning board than some county returning board which might be influenced by fraud in cases of close elections
 MT. Boone of Mobile was opposed to giv- ing the joint assembly power to investi gate and determine contested elections, and cited the experience of Kentucky when Governor Goebel lost his life and the State was nearly plunged into civil ad alaptfnn
 MT. Pillans of Mobile opposed the sec tion reported by the committee. He said that Governor Jones' plan practically em- bodied a returning board. He cited the bad results of the Louisiana returning boards and hoped nothing similar would be in force in Alabama.
 In the midst of his argument the hour for adjournment arrived and in spite of motion by Mir. Sanford of Pike to have an afternoon session it adjourned until 10 o'clock tomorrow.