The Montgomery advertiser., 1901-06-14

some very erroneous ones, and if you take the opinion of our late Chief Jus tice Stone whose opinions 1 once heard characterized Dy an eminent lawyer in very fitting language as being lucidity crystalized-he was certainly of the opinion that he was not eligible to any other office during the entire term for which he was elected. While, as l say, the Senate may disregard this declara- tion. they may possibly go so far as to seat Q man who was elected even when his Constitution denied his eligibility, I do not believe they would, and this Is not the test by which the merits of this provision should be tried. Now, you know a Senator cannot be elected except by a vote of the mem bers of the Legislature, and when you have that in your Constitution are your members going to perjure themselves to elect a man. He would have won- derful hold on them if they did. If a man is not eligible by the Constitution which everyone of those legislators has sworn to support, how could they forswear themselves? I have too much confidence in any Legislature that the people elect to believe they would do so. So 1t Is not what the Senate of the United States may decide. If a man WHO HC4O LHG OLl1CS OL 0ONCIhOE S1 W proper to make himself a candidate and to try to obtain this high honor he would meet an insuperable difficulty right there for while possibly he might find a few members of the Legislature who were so enthused as friends of his to disregard that oath, how would he make 1t with a majority. He never could do it. And any Governor who Is thus rendered ineligible will never during the history of the State of Ala bama, while that provision stands in the Constitution, be elected to the Sem ate or any other. The limitation will be observed certainly by those who may have sworn to support the Consti- tuition.
 So am highly in favor of the amend ment of the delegate from Hale, be- cause those words have no part, office or effect, and are more of political declaration and are not enforcihle. No Governor could be subjected to any penalty for disregarding them, and think those words have no good office In the Constitution and can well be dispensed with. But the other pro- vision about the Governor and other officers I am heartily in accord with and I believe if we adopt the Section with just that stricken out we shall have no difficulty and we will meet the wishes of the people.
 MT. Pettus-Is there any doubt about the office of United States Senator be- ing an office of this State within the purview of the seventh line.
 MT. Oates-I will answer the delegate from Limestone who Is always bright and pertinent in his inquiries. That even aside from that. neither United
 States Senators nor Representatives in Congress are Federal officers. They are State officers. They have to get their commissions from the State Of Alabama and they are State officers. While the functions they perform are directed largely by the United States Constitution it is an erroneous idea that they are Federal officers. They perform many Federal functions. but they are State officers and obtain their commissions from the State of Ala bama. And if a United States Sena- tor or Representative resigns, to whom does he tender his resignation? Not to the President or to the Senate, but to the Governor of Alabama. They are State officers, and I repeat that with the motion of the delegate from Hale | adopted striking out these words the | Section then adopted will speak VOL umes in favor of their wisdom. For without making any invidious
 
 are all human beings, and more or less | ambitious. It Is commendible in any man under our form of Government to | be ambitious in a commendjble in any way. But unfortunately some men In some positions will endeavor to grat- | ify their ambition by resort to i'm proper means. And I think as the | Governor has the distribution of pat ronage,-and I am glad this Constitu- l II. friII will naturally tend to make him an 1m- partial officer, and where he has ap- pointments to make if he Is a sensible man, a man who has sense to be Gov ernor, all that he can accomplish and the greatest honor he can get by ap- i pointment is to make such excellent appointments that they will be ap- proved by the people. It Is a fact that some man will naturally look to their | future when in the office of Governor in their appointments. some more and some less in regard to the effect it may have upon their political future. Of course there are differences in this | regard Some men are more guarded IT observing their oaths in making their | appointments. Some consider thai their power of appointment is intended | for the benefit of the people and in
 making their appointments they first | give attention to their own preferences as to qualifications and then appoint the man who will discharge the duties of the office as they believe to the very
 best of his ability. Then there are | others, 1 am persuaded, who will be
 influenced in making their appoint ments by the amount of future politi- | cal services that the appointee can
 render in the qualification of his ann
 bition and that is the great evil which
 is attempted to be remedied by this
 provision and think it Is a good pro- | vision.
 MT. Boone-I move to lay the amend
 ment of the delegate from Calhoun on
 the table.
 Mir Greer (Calhpun)-And on that
 demand the yeas and nays.
 The President-The question is. is the
 call for the yeas and nays sustained?
 The call is not sustained.
 A vote being taken the motion to
 table was carried.
 The President-The question IS en
 the amendment offered by the dele
 gate from Hale.
 MT. Browne-I desire to offer sub
 stitute to the amendment of the dele
 gate from Hale.
 The substitute was read as follows;
 Strike out all of Section after the
 words shall be eligible in line six and
 insert in lieu thereof the following to | election or appointment to any office
 under this State within one year after the expiration of his term "
 MT. Browne-The effect of the l amendment will be-
 MT Brooks-I rise to point of or