The Montgomery advertiser., 1901-08-14

Ca Cass: .. w.,s.r 0Neni 0enersenl. Cornwall, kenfro, | Craig, Robinson.
 deGraffenreid. Rogers lsumter,. Fletcher. Selheimer,
 Foster. smith tMobile). Howell. Stewart.
 Jones. of Hale. studdard. King. Tayloe, l Kirkland, Whiteside. Kyle Willet. Paired. Ayes. Noes. Williams (Barbour). Bulger. Carnathon. Chapman.
 Jones. af Wilcox. McMillan Baldwin,. Williams iEimorel. McMillan (Wilcox). Lomax. Pitts. | Norwood. Sorrell, opp. Weakley, Reynolds (Henry). White. Senteii. Thompson. Vaughan, Hodges Oates, Weatherly l There were 54 ayes and 50 noes, and the motion to reconsider prevailed. MT. Samfori tPike)-I now move to recommit the Article on Judiciary to the Committee on Judiciary, and upon
 that move the previous question. Mir. Graham (Talladega)-I@ rise to a
 point of order. that you cannot recom- init an Article after 1t has been en- grcssed and passed upon a third read iH LnlS SunfeHIlOn. The Presidential the opinion of the Chair, the point of order is we'll taken. MT. Williams (Marengo)-I offer a substitute to the whole Article MT. Cunningham-I rise to a point of order. This ordinance having been en- grossed and read third time, all amendments are out of order. The President-The gentleman from Marengo will be seated. MT. Williams-I thought I was recog- nixed.
 The President--The Chair recognized
 the gentleman from Pike to make a mo- tion. and recognized the gentleman from Jefferson to state a point of order. MT. Cunningham-This Article, hav- | ing been engrossed and read a third time, all amendments are out of order. MT. Heflin (Chambers)-I want to
 make motion that the Article be re- jeeted for the purpose of making -an- 1 other Article with slight amendment | on this.
 r The Presidential the opinion. Cf the Chair the point of order Is well 'aken. MT. Heflin-I move to reseind the Ac-
 tion of the Convention by whi.n it was | ordered to engrossment and a third reading.
 The President-The question before
 the House will be upon the final pass
 age of the Article.
 MT. Ashcraft-I rise to a point of or- | der Under the regular order of this Convention, does not the further ccn-
 sideration of this question take it's place
 at the foot of the Calendar? The President-The Chair will con-
 sider the point of order made by the
 gentleman from Lauderdale. MT. Sanford (Pike)--I desire to make a motion. The Chalr dAsirae t,,a ,,os
 make 8 motion until the Chair rules on the point of order?
 The President-The Convention will
 be in order while the Chair considers
 the point of order made by the gentle
 man from Lauderdale. The gentleman from Chambers called
 my attention to what rule? Mir. Heflin-The motion made by the
 gentleman from Pike that the entire
 Article be recommitted to the Judiciary Committee. It says ordinances and
 reports may be recommitted at the pleasure of the Convention, and I ask | If 1t could not come under that head |? The President-In the opinion of the Chair, all motions to amend, to recom-
 init, to lie on the table, those motions
 after the Article is ordered to a third
 reading, or concluded and the only
 question Is on the final passage of Ae ordinance.
 MT. Sanford (Pike)-I rise to a point
 or inquiry, as to whether or not a mo- tion ordering this Article to an eneross- ment and a third reading and a motion
 to reconsider the vote by which that l was adopted or defeated was laid on the l table.
 The Presidential was laid upon the table.
 Mr. Samford-Now then, a further
 inquiry Would it not be in order to
 make motion to take. that from the
 table?
 The Presieent-The Secretary will ex-
 anime the Journal to see whether the
 motion to reconsider was tabled.
 The Chair finds the motion was lost
 anu not laid upon the table.
 MT. Harrlson-I desire to inquire if
 the ruling of the Chair on the motion
 or the gentleman from Pike is governed py any rule of this Convention. If it
 IS not. submit to the Chair that this
 IS an important question, and upon the examination of the authorities, I be-
 lleVe the Chair would hold otherwise.
 remember distinctly an incident In
 Wh'ch this identical question was dis cussed between Mr. Crisp of Georgia.
 Mir. Dingley of Maine, and MT. Reed
 in the Chair, and after a full discus
 sion Of the question. 1t was decided 1t could be recommitted. It was In one , stage later than this. it was when an
 appropriation bill had failed to pass,
 and it was then moved to recommit it,
 and under the general parliamentary
 discussion between those three gentle
 men, who were able men, 1t was de-
 ciced that it would be recommitted Unless there is a rule to the contrary.
 believe if the Chair will examine the parliamentary law, he will come to the
 conclusion that this motion to recom-
 init is in order.
 The President-The Chair will be glad
 to examine the question and will con
 slider such authorities as the members
 may furnish on that point The Chair
 will now rule upon the point of order raised by the gentleman from Lauder
 dale. The question Is whether after
 the question is reconsidered 1t takes it's place under the order of business and is not up for consideration. MT. Cushing, in his work on Law and Prac-
 tice of Legislative Assemblies. laid
 down this proposition: "When a mo-
 ton to reconsider is decided in the af- f1rmative, the question of bus ness 70 which 1t is attached immediately takes
 the place to whicl. i, belongs in the
 general order of business in the As { sembly. or goes over un;ll the next day on which business of the same descrtp- tion is in order.
 It seems to the Chair, therefore, that
 when this matter is reconsideped at this
 h0ur it ie nf ;tn