The Montgomery advertiser., 1901-07-20

Una. d .uotlvn to tix the tune vI ao- 1ournment IS one of the highest order
 MT. BrooKs-It is a question of ex- tending the session, ana not ques- tIon oI auyourning. Inc convention auJouins py reason of tne hour peins o'ciock-
 nr. Jones (Montgomery)-l make the point ot order lnat the Caair mas ai- ieaay oeclaed tnat this convention silaii remain Tn session untn the ap' peai IS ulsposed Of.
 Aar. Loils saiAer)-l move tnat we adJourn.
 .ar. neese--I make the point of or der that the time mas a.reauy peer riAed and the moliou IS out or oroer
 The Presloent pro tem-fhe Chan wiu ask the inoulsence of the house q moment that ne hay examine the pa pers. The Chair has been ruling rap Iuly.
 gpr. Jones (Montgomery)-Don't the Char sometimes hear members on q question of this sort!
 - me r'resident pro tem-With pleas ure.
 Mir. Reese--I make the point of or. der that an appeal from the decision of the Chair Is not aebatable.
 Mir. Jones-i understand that, but Il is the custom in every civilized par iiament in the world, if the Chaii chooses to do so, to accord a member that privilege.
 Mir. Pettus-I cite the Chair to Rule ?. which provides that an appeal snail be decided without de3ate. except that the delegate taking the appeal. or any other delegate to whom he may yield, may speak to the appeal not exceeding five minutes
 Mir. Jones-I think the Chair, per haps in the confusion
 MT. Bulger-I rise to a point of order The delegate from Walker made a mo- tion to adjourn. and I cite the Chair to Rule 26. that it is always in order unless prevented by certain exceptions of which this is not one.
 Mir. Pettus-The point of order comes too late.
 The President pro tem-The Chair would be pleased to hear from the del egate from Limestone on that.
 MT. Bulger-I invite the attention tc Rule 26. which is very clear in defining the time of adjournment.
 MT. Jones-I make a point of order that no new business has been trans acted and he could not make motion to adjourn.
 MT. Bulger-I submit, MT. President that the motion to adjourn made by the gentleman from Walker was pend- ing when the gentleman from Mont gomery took the floor. Now, l believe that this Convention has the right to have that motion put to adjourn, un- der Rule 26 on page 10 of the rules gov erning this Convention.
 Mir. Pettus-The Chair. I believe. an- ha uantaA fn hear from me upon the point of order, or was willing to hear from me. I would like to state that motion to adjourn shall always be in order, except in certain cases. and one of the exceptions is when a roll is being called or when a vote is being verified, or when a mem- Der has the floor. The gentleman from Montgomery had the floor under Rule 2. and was discussing point of order and a motion could not be put while he had the floor under Rule 2S. and make the further point of order that the Convention had already. by it's previous action fixed the time at which the Convention should adjourn. and that that motion had precedence of the motion to adjourn. and that motion having been acted upon, the motion to adjourn was not in order, especially since the gentleman from Montgomery had the floor especially under the lat ter part of Rule 26. which states that motion to adjourn is not in order when member has the floor.
 President pro tem-The gentleman from Montgomery has the floor and the point of order is not we'll taken.
 Mir. Jones-I was about to say that in the hurry of the decision the Chair perhaps. did not apprehend the precise point passed upon by the Chair. The Chair ruled that the inclusion of the word pass" in this section with ref erence to the General Assembly was not germane to the section. If that is what the Chair put it's ruling on. that something of that sort had already been decided. submit to the CbaiI with all due defference that the argu- ment hardly needs refutation to say that the sovereign people of Alabama in Convention assembleN, are powerlesf to insert in any clause to which the matter relates. prohibition up- eral Assembly, What does ger,nane mean? It is cognate to. relates to, not foreign to. ekin to. or T cousin to. the proposition. There is not a semblance of ground on which to main tain the argument that it is not ger mane.
 The President pro tem.-The Chair will say this, the question is not whether 1t is germ2ne or not. hut whether it was included in the former action of this Convention. if 1t has been 1t is res adjudicata.
 MT. Jones-Then I say with all due respect How in the name of God can a thing be res adjudicata by motion to lay on the table which simply says we won't hear the matter now. That would have been the effect if this orig inal matter was offered here, but that matter that is laid on the table is not offered here. It is simply saying that they shall not receive. and before it was long provision about their re- noval iron: office and making .ham guilty of misdemeanor, and I submit on reflection that I think the Chair will conclude that the sovereign people of Alabama in Convention assemb bled are rot bound by such extremes that they cannot consider such matter. I do not wish to take up the time of the Chair further.
 The President pro tem.-The Chair desires to state that a question previ- ous to this. proposed in the attempt to dispatch business rapidly. when the Chair ruled rapidly, and I am informed by the Secretary that this very amend ment Was laid upon the table.
 MT. Jones-There were three amend mepts, one that he should not receive his mileage if he used a pass, and a second one tha: if a member of the General Assembly should use pass ne would be guilty of misdeneanor and forfeit his office, that is all the amend ments that have been before the house.