The Montgomery advertiser., 1901-08-02

this Constitution, what VIII pc tns hHSs question they will ask? It VIII pc, Mh the suffrage clause in your Cohs'ivu- tion stand the tests of the courts. we say we think 1t will. but we say we have provided a safety valve that II 1t does not stand the test, that II t
 Is declared unconstitutionai tne | legislature of the state has the right to remedy that defect ana make | perfect Constitution. Do we rehiem- Der that the people of Alabama when we asked the honor at tnelr hahus oi | representing them on the floor or tnis | Convention, said to us. We demand or you that you pledge us that you Wli send back to us the instrumeht thd' this Convention makes for our approV-
 al. We gave them that assurance. we | have lived up to it. but in every articie | sir that we send back to them for their | approyal--in the flight of the fact that | there are grave doubts in the minds ot some men as to it's constitutionallty-i i say In the very article the regard as most important that we send back to | them for their endorsement. we nave | the provision that If parchance that ar | ticle on the suffrage is wrong, we nave | turned you over to the people or AIa- | bama ., in the Legislature. and nave nel- l egated to them the right to leglsiate | and amend your Constitution and make | it a perfect instrument. to comply Wlth l the requirements of the highest courts | of this country. We have done more
 we have provided that it may become | operative without your approval. l | sl bmit to you that when you go home | tp your reople and ask them to ratify this. they will ask you suppose there
 Is a clause in this that is unconstiru- tional shall the Legislature meet here and We be turned absolutely over to | their mercy, and have nothing 10 do with what they say exc | toiaccept the | situation ard say no more!' submit | to you, gentlemen of the Convention. | that it is but fair and right to say II
 that contingency happenc, submit pack | to the people the act of the LeGesiature. | Are those members of the Legislature
 to be more trusted than the one hun dred and fifty-f1ve men that make up
 this Convention and the people with
 one accord rise up and ask us-demand | of us-that we return to them the ln- | strument we frame as the organic law. | for, their approval, and l submit to
 you are we to be- less trusted than the l Lesislature. Are We to come here and | say notwithstanding this fact we will
 place it in the power of the Legisla- 1 tureeto enact a suffrages!aw-a plan | by which the people Of Alabama may
 be permitted Or refused to vote? Are
 we to leave 1t absolutely at the mercy
 of the Legislature? 1 submit that 1t
 is unsafe and unwise. and 1 hope that l the section with the amendment Will ] be adopted.
 Mir Cobb sought recognition.
 Mir. Sanford (Montgomery)-I have
 an amendment to the amendment. | he from
 Macon caught the eye of the Chair,
 does the gentleman yield to the
 amendment offered by the gentleman
 from Montgomery.
 MT. Cobb-Yes, sir.
 The following amendment offered by
 MT. Sanford of MontgOmery"was read:
 Amend the amendment by adding
 the words "at an election expressly
 held for that purpose
 The Presldent--The question will be
 upon the adoption of the amendment
 offered by the gentleman from Mont
 gomery to the amendment offered by
 the gentleman from Tallapoosa to the
 section as reported by the committee.
 MT. SjorreN-I am willing to accept
 the amendment.
 Mir. Cobb-Without entering on any
 thing like an argument on this ques-
 tion, 1t seems to me the gentleman
 from Tallapoosa is correct in the po-
 sition he has assumed. This is the first
 time in the history of Alabama, and
 may be in the history of any state
 when the power has ever been at-
 tempted to be conferred upon the Leg islature to make a Constitution. The
 power contained in this section Is the
 power to make d Constitution for Ala bama. Suppose the courts should de-
 clare the whole instrument void, ther what? Or suppose the courts should de- clare section after section void, on ac' count of conflict with the Constitution
 of the United States, then what? Oi
 in any event the Legislature of the State of Alabama can supply that de
 fciency, in other words, can make 2 Constitution in direct violation of that
 provision, which we will insert in this
 instrument, providing for the manner in which the Constitution itself shal
 be amended. A change in the organic
 law in the State of Alabama ha: never been permitted except by di.
 rect vote of the people. either in Con vention assembled, or in ratifyins some amendment proposed by the Leg
 islature. but in either event the view:
 of the people must be heard upon thu , proposition to amend their organic l part from 1t in this instance. and I dC
 not believe we should hesitate a mo , ment to adopt the amendment pro. , posed.
 Mir Davis (Etowah)-It seems to m, the gentleman has an entire miscon 7 ception of this section. I have triet to read it over carefully. and I canno I see by what process of reasoning they I can arrive at the conclusion that thu { Legislature has under its provision! become a fundamental law making l body. It simply provides that in cast this Constitution or any article of | shall he declared unconstitutional thu } Legislature can remedy the defect by , a two-thirds majority vote. That ii not making a Constitution. Whatevel 5 a subsequent Legislature.
 } MT. CObb-Do you assert here tha the meaning of this Is that whateveI the Legislature might do in supplying } that deficiency. would be simply a leg 5 islative enactment?
 MT. Davis-I do.
 MT. Cobb-And is not to become part of the Constitution? . Mir. Davis-No. sir; most cer tainly I do not think 1t become. part of the Constitution? '
 MT. Cobb-lf your view is correct doesn't it make the matter infinitel. Worse-wouldn you have Legislature after Lesislature tinkering with tn Constitution?
 MT. Davis-I think, MT. President that the LegIslat1Irn has been able f.