The Montgomery advertiser., 1901-08-02

when to go beyond 1t would. ,necsssa- rily throw the door open. MT. Oates-If there is going to be such @ difference in the judges on the Constitution, the provision would re- ouire him to charge what 1t means.
 MT. Smith-Pardon me, don't so read it. read that it requires hin' to charge what are the qualifications only and those qualifi- cations are written in plain English and it is for the jury to say and not for the judge.
 Mir. Oates-As to what constitutes qualifications?
 Mi. Smith-Yes, sir: and we have written what constitutes qualifications | in this Article. and then it was the | intention of the Committee which is borne out by thf language that the jury should determine it.
 MT. Ashcraft-I rise for information. | if the word "only' is contained in this | clause, suppose in case on trial eVf- dence has been given on behalf of the voter or the person applying to the register and the solicitor should ask | the court to rule it out on the ground | that it was hearsay evidence. NOW, l If the word "only' is retained in there, how could the court charge the jury | that the evidence which was before them was hearsay evidence and that they were not. authorized to consider 1t? Mir. Smith-They could not, but in ruling it out could tell the jury, SO. It | would not be a part of the charge Of | the judge to the jury. He could say, I sustain it. and rule out that evidence.
 MT. Ashcraft-Wouldn't that consti- l tlte a charge?
 | Mir. Smith-No sir.
 MT. Oates-If the word "only' be out, would 1t not still require the judge to charge the jury just as is required if you leave the word in there and simply allow him to charge something else outside. He could not give the affirmative charge with a word in l there.
 | MT. Smith-I construe 1t that he could-that is my view of it. l The President-It has been moved to lay the amendment on the table. l MT. Jones-On that I ask for the l ayes and noes.
 The call for the ayes and noes was l not sustained.
 l The President-The question is on the adoption of the subdivision. | Upon a vote being taken the subdi- vision was adopted.
 The Secretary read the seventh sub division as follows: | at the expense of the State, have pre- pared and furnished to the registrars and Probate Judges in the several counties a sufficient number of regis tration books, and of bank forms of certificates of registration and of oaths and of the notices required to be given by the registrars. The cost of the pub lication in newspapers of the notices required to be given shall be paid by the State, the bills therefor to be rend- cred to the Secretary of State and ap- proved by him.
 MT. White-I move the adoption of that subdivision.
 MT. Sloan-I wish to offer an amend ment.
 The Secretary read the amendment as follows:
 Amend Section 10, seventh subdi- vision, by adding at the end, said reg istration board for each county shall be composed of one registrar from three different duly organized political par ties as far as practicable, to be ap- pointed on the recommendation of the County Committees for each party, re- specttvely. If any party fails after thirty days to recommend some person for appointment, the Board shall make the appointment upon its own respon- sibility.'"
 MT. White-I raise the point of order that 1t is not germane to the subdi- vision.
 MT. Reese-I move that the amend ment be referred to the Committee or Wit and Humor. r-.- @~-...
 The President-The whole Section ap- plies to the appointment of registrars
 MT. White-I submit that it is con- tempated at the end of the Section | yyho hau of ho md af h. subdivision.
 The President-This seems to be the last. This is the last subdivision, it ap- pears to the Chair.
 Mr. Ashcraft-I have an amendment
 The President-So far as consistency or compatibility of the amendment MT. Reed, in his book on rules, says "an amendment may be inconsistent or incompatible with the words left ir the bill or with other amendments all ready adopted, but that is for the as- sembly to decide, and not for the pre- siding officer" It might seem to some little out of place at this point, but 1t is not fer the Chair to rule 1t ou of order. Does the gentleman desire to discuss the amendment?
 MT. Slean-Only few words. I have not heretofore consumed any time oi the Convention and would not al this time, had I not felt it duty upor me to offer an amendment in justice to large minority of the people of thIs State. Now, Mir. President, have not lost all confidence in the Democratic Party. l did not mean to say thai by offering this amendment, but I dc think that this Board of Registrars X modern Caesar. and now, Mir. Pres ident, 1 would like d representative oi my party to have a share in the .rin, ity. l do not think that the amend ment offered by the gentleman from Montgomery this morning woLld Lave reached the results he was looking for because the majority of the registrar: would have been of one party-it mat terS not what party that is. I tell yoI when a close political campaign comes partisanship will be shown 1t will bt shown in the Populist Party, 1t wil be shown by the Republican Party anG it likewise will be shown by lne Dem ocratic Party. Now, that Is true, LC delegate on this floor will dispute :hat proposition. It is certainly true anC the adoption of this amendment vii save, in my opinion. a great many ap peals from the Board of Registrars Now, If a man is ruled out from votins by the registrars, all of one party, ht Will feel that he Is wronged It mat ters not what he is ruled out Tor, O anything of that kind the first impuls, 4 of his nature will be that he has bee , Wronged. New it may be possible .ha he will not be wronged, l do not say that The TeciSfrarC oF he ti |.