The Montgomery advertiser., 1901-08-06


 you place him upon a salary, because revenue. and put it into the general Treasury. One gentleman who preceded me stated (which was a facD that other clerical officers in the State are not paid salaries, and the question ! was asked. why don't you put them upon a salary? Gentlemen of the Con- vention. I will tell you why they are not put upon salary. why it is not Insisted that they be put upon salary here It is because of the fact that there is not one of them in Alabama that is receiving decent fair compen- eation for the time he engages in the work. But if you should find the fees of the Registers and Chancellors of this State piling up and making nice V salaries, they would find some one Jealous of them. who would want to cut them down and put them upon a salary and let the surplus go into the State treasury. l think the question has been argued enough, and there fore move to lay the amendment upon the table.
 MT. Asheraft-I demand an aye and 2 no vote.
 The call was not sustained.
 Upon a vote being taken a division was called for and the motion to table prevailed by a vote of 40 ayes to 70 noes.
 Mir. Gsaham CTalladega)-I make the point that no quorum voted. , MT. Ashcraft-I demand that the vote be verified by a call of the ayes end noes.
 MT. Sanford (Pike)-I move that the roll be called for the ascertain xnent of a quorum.
 Dra gentleman's motion has precedence. and 1t amounts to the same thing.
 MT. Heflin (Chambers)-I make the point of order that you cannot call the roll~for the ayes and noes unless the call is sustained.
 MT. Oates-I would suggest that un- der our rule. the gentleman had better withdraw his point of order. because 1t would take no longer to call the roll on an aye and noe vote than to ascer- tain if a quorum is present. If quo- rum has not voted. you will have to take the vote over again unless you adopt the Reed rule and count them and I do not know whether the pres eut occupant of the Chair will do it or not.
 The President-The Clerk will call the roll.
 Upon the call of the roll eighty dele gates answered to their names. and the Chair announced a quorum
 MT. Heflin (Chambers)-I move the previous question on the section as re- ported by the Committee.
 The President pro ten1-The amend nnent was laid upon the table. and tho question recurs upon the adoption o' the section as reported.
 Mir, Heflin (Chambers)-And on tha' I move the previous question on tht adoption of the Section as reported.
 MT. Pettus-I rise to a question o parliamentary inquiry--I would like tt know the status of the amendment.
 The President pro tem-As the Chaii remembers. the amendments have al been tabled
 MT. Oates-I rise to a question of or fer. I voted to table the amendment and it is not in that interest at all but wholly in the interest of correc rarlip nnentary principle. and l th1ni that if we establish wrong precedent 1t may return to plague us before w get through this Convention. Int point was made that a quorum had no voted and the Chair ordered call o the roll. and ascertained that quo rum was present. Now the Chair an nounces that the motion was carried tt table. It was not carried by the re
  rum. Now, the Chair announcing tha there is a quorum present it don't fol low that a quorum was present at th' time of the vote, and even If 1t was the Chair would have to count tn members present in order to make tha quorum legalize the vote in that way That requires the same rule. We nav got no rule like unto that known al the Reed rule. which authorizes th' Chair to count the number Of mem bers present to see whether there IS ouorue1. and to vote a quorum. when 0uorum, had not voted anc to declare the measure car ried. which ever way 1t wa: Now there Is no rule of this Conven Hion as I understand it, which author izes the Chair to count quorum wher the point is made that the quorum II not present So 1t recurs to the vot' again a quorum being present the for mer vote was an illegal vote unless th' Chair is authorized by some rule t' make a quorum present, but the Vol' would have to be taken over.
 MT Rogers Sumter)-I would like t know, MT President, how vote of GU I believe, leaving 20 more to vote. how the Chair knows whether those 70 would vote for the tabling of the amendmen or against it, l cannot understand. Tn Chair has no right to presume or an! one present. as to how many voted.
 MT. Smith (Mobile)-We may pre- eume twenty were paired.
 MT. Oates-That is the reason l mad the point on the call of the roll fo the ayes and noes, that Is veriticatioi of the vote, and determines it.
 MT. Cobb-I do not of course knov what the views of the Chair are upoI this matter, and l just want to say il answer to my friend from Montgom cry that it is the universal law of com mon sense that in any body if on' man votes and there is nothing agains it, that is carried, because we all know every silent man, every man who re mains silent is presumed to vote in th' affirmative. That has alway' been the rule and 1t is thu rule today and it does not matter whether a quorum votes or not if { quorum is present the thing is carried and l want to say one thing about wha you call the Reed rule.
 MT. Oates-He states the rule cor rectly unless the point be made tha there is not a quorum and then it re quires further action to be taken t ascertain a quorum. You cannot pre- sume it in that way in the absence 0 the vote.
 Mr. Cobb-Now let's see about that l think the Chair did wrong in havini this last call. l. was one way to as certain a quorum but it was not tn proper way in my opinion. You canno oIya