The Montgomery advertiser., 1901-07-21

s~%.R I think We acted right in passing that amendment. The Governor can call the Legislature here and by a two thirds vote they can take up any prop osition that they desire, and 1t would be possible for them to remain In ses- sion for twelve months.
 MT. O'Neal--I desire to call the gen. tlemans attention to Section 5, which has already been adopted. That Sec ton provides that the Legislature shall not remain in session longer than sixty days at the first session after the adop- tion of the Constitution, or longer than fifty days at any subsequent session. Does that not embrace any session af- ter that and include special session?
 Mir. Jenkins--I think not. That ap- plies to the regular stated session. The first session after the adoption of the Constitution may remain in session six ty days, and every four years there after they may remain in session fifty days, but this Section says that at any time the Governor, when h1 sees fit. can call the Legislature in special ses- sion. and 1t fails to say how long they shall remain in session, and from my experience with legislative bodies. believe that there ought to be limit put upon them, for when they have the power to remain in session they will stay in session until they accomplish what they want to. That is nothing but natural and right, and for the peo- pie to be confronted with the Consti- tuition to be voted upon, and when our opponents will get on the stump. "Wtll you vote for this Constitution, when the Governor may call this Legislature in extra session and 1t may remain in session for twelve months" Such an argument would have great weight against the ratification of the Con- stitution
 The President-The time of the gen. tleman has expired.
 Mir. Oates-I merely riee for the pur- pose of saying that. as Chairman of the Committee. favor reconsidera- tion. and am in favor of the amend ment, and I believe that I have not heard any dissent from the members of the Committee. I believe the Sec ton ought to be resonsldered and amended.
 Upon a vote being taken, the motion to reconsider prevailed.
 MT. Dent-I offer an amendment.
 The amendment was read as follows:
 Amend Section 35 by adding at the end of the Section the following words: And special sessions shall be limited to thirty days"
 MT. Dent-I move the adoption of that amendment and upon the amned- ment and Section I call the previous question.
 Upon a vote being taken the main ther vote the amendment was adopted.
 The question recurring upon the Sec ton as amended, upon a vote being taken 1t was adopted
 The President-The question will be upon the adoption of Section 3S as amended.
 Sec. sS. A member of the Legisla- ture who shall solicit, demand, or re- ceive, or consent to receive, directly or indirectly for himself or for an- other, from any company. corporation or person, any money, office, appoint ment, employment, reward. thing of value. or enjoyment, or personal ad- vantage, or promise thereof. for his vote, or influence or for withholding the same, or with an understanding expressed or implied, that his vote or his official action shall in any way be Influenced thereby; or who shall solicit or demand any. such money or other advantage. matter or thing afOre- said, for another, as the consideration of his vote or influence, or for with holding the same; or shall give or withhold his vote or influence in con- sideration of the payment or promise of such money, advantage or thing to another shall be guilty of bribery with in the meaning of this Constitution, and shall incur the disabilities provided thereby for such offense and such ad ditional punishment as is or shall be provided by law.
 A vote being taken, the section as amended was adopted.
 The secretary read Section 39 as fol- lows:
 Sec. 39. Any person who shall di- rectly or indirectly offer, give or prom ise any money, or thing of value, testi- monial, privilege or personal advant- age, to any executive or judicial officer or member of the Legislature to infiu- ence him in the performance of any of his public or official duties, shall be guilty of bribery, and be punished in such manner as shall be provided by law.
 MT. Oates-I promised to yield to the delegate from Mobile.
 MT. Brooks-Mr, President, after the storm that we have just had in the Convention, I hope the atmosphere is clarified sufficiently for us to give some attention to what I consider an import ant matter. This Section 39 is, l be- lieve, the same section as found in the present Constitution. The men who put that in the Constitution are en- titled to credit for good intentions, and some degree of discernment, but good intentions are not always effective. Dr. Johnson once said that "hell Is paved with good intentions" or, as the poet has said,
 50 Dr. Johnson once did say,
 That hell Is paved that very way"
 Now, the purpose of this section Is to protect the members of the General Assembly, and the officers generally or the State from corrupting influences, but 1t does not go far enough, because, practically speaking, it does not take into consideration, or bring within the puryiew of this section certain instdi- ous influences that are at work all the time. Now, MT. President, and gentle men of the Convention, to show you what the State has done. and how far the State thinks that its officers ought to be protected from the demoralizing influences that may be brought to bear upon their servants, in the discharge of their duties, want to call your at tention to a section in the Act of 1897, on the subject of the Convict lnspec- tors, where it provides that no inspec- tor. physician of convicts, State, county or municipal officer, or any officer or guard, who has charge, control or di- rection of convicts, must be in any manner whatsoever interested in the work or profit of the labor of any con- vict, nor shall receive any gift, gratuity or favor of a valuable character from any person interested in such labor