The Montgomery advertiser., 1901-06-15

pri2to leGlslattOn. Ine lsGislatuFe car
 pass a bill that if they refuse to meet upon the call of the Governor that ] .heir offices shall be. ahFogated and 1 .aat new representatives shall be SC. lected to take their place. But the | Consultation of the United States--and | I refer now not ito the amendments | that were adopted subsequent to the | war--but to the Constitution that was | adopted by the original States, by oui | fathers. fixed the qualification of Sen | ators and Representatives of the Uni ted States. When the people met to | fix the Constitution of the United | States they said what should and what should not be the qualifications of a Senator or a Representative, and 1t is no one denies 1t, within the exclusive | newer of Congress to pass upon the | qualifications of their own members | We are attempting here out of respect | to A sentiment which we cannot en- | force as law, to place in the fundamen- | tat law of the State a declaration | which no court of this State and nc court of any State can enforce, The | objection as I stated is purely techni- cai--the objection is, that we should not go before the people with anything
 in our Constitution which IS not the | law. We are admittedly helpless upon i the subject. We go forth to teach the people generally, everywhere, due respecr for the law. Every judge when ! he charges a grand jury dwells much upon that proposition, and yet here in | this assembly we are. out of respect to | a sentiment over which we cannot have any control attempting to put some | thing into the Constitution of this State that is not law and cannot be en- forced as such. For these reasons, gen | tlemen, I think that this part or this l article should be stricken from this report. I sympathize with the argu- | ments of the gentleman, and sympa- | tbize with the purpose. as stated, tc l remove as far as in our power lies | every incentive to a Governor of Ala bama to SO use his power as to effec' | his political advancement, but Tn do- | ing so we should maintain respect for | inc law and for the powers that have been left to the States by the Constl- tuition of the United States. MT. White-I think we nave deoateo this question long enough, ana l move | to table the amendment. $ -. The motion was secondedr. .,a MT. Long CWalker)-I ask for the reading of the amendment. The amendment was read as follows; Amend Section by striking therei from all of the Section that succeeds the following words, in lipe seven, Vlzi
 After the expiration of his term, Mir. Brooks-I would suggest that the Clerk read the clause which is sought to be stricken out. so that the con yention will know what they are act | ing on.
 The President-The matter has beer discussed so long, does the gentleman desire it to be read? The delegate assented and Section
 was read as follows:
 Sec. 5. The Governor. Lieutenant' | Governor, Secretary of State, State
 Treasurer. Attorney General, State Au. ditor, Superintendent of Education ane Commissioner of Agriculture and In dustries shall hold their respective of fees for the term of four years from
 the 1st day of December of the year | in which they shall have been elected and until their successors shall bt elected and qualified, and after the first election under this Constitution neither of them shall be eligible as ht: | own successor; and the Governor shal | not be eligible to election to any office under this State within one year aftel the expiration of his term; and his ac'
 tance of the office of Governor shall b'
 a pledge to the people not to '@ecept ar election or appointment to the Senate of the United States at any time dur | ing his term, or within one year there after.
 The President-The question Is on th' motion to table the amendment. A division was called for, and by
 vote of 54 ayes to 56 noes, the mottor
 to table the amendment was lost.
 The Chair stated the question re cured upon the amendment offered bS
 the gentleman from Hale. Mr. deGraffenried-~I move the pre- vious question. The motion was then withdrawn, ant a division being called for, by Vott
 of 59 ayes to 56 noes, the amendment was adopted.
 The Chair stated the question re. cured upon the adoption of the Section as amended.
 Mir. Reese-I rise to ask unanimous consent to offer a short resolution, ir order that 1t may be referred to 6 committee. 1t will save very mucE time.
 There were audible expressions O dissent.
 ,Mr. Pettus-Mr. President, I desire to offer an amendment to the Section
 as amended. and ask for reading of
 the amendment.
 The amendment was read as follows
 Amend Section 5, page 6. by striking
 out the words neither of them" 1T
 the fifth and sixth lines of said Sec ton, and inserting in lieu thereof the
 words mo one of said officers"
 Mir. Jones (Montgomery)--We accept
 that. tvlrsrs.- ..t.-
 verbiage, and I think the Committed
 will accept it.
 MT. Jones (Montgomery)-We accept
 1t. MT. Graheeh has already made the
 same motion and we accepted 1t.
 The amendment was thereupon adopt ed.
 Mir. Chapman-I have an amendment
 to offer to Section 5.
 The amendment was read as follows:
 Amend Section 5, Article w., as fol-
 lows: By striking out the word "one'
 in lines seven and nine. and inserting
 in lieu thereof the word four"
 MT. Jones (Montgomery)--I move to lay that amendment on the table.
 The motion was carried. Mir, Foster-I have an amendment.
 The amendment was read as follows
 Amend Section 5 by adding imm edi- ately after the word State, in line seV-
 en- the following, "or the Senate of
 the United states"
 Tn question being stated, division
 was called for.
 MT. Long (Butler)-I ask for the reading of the amendment.
 The amendment was again read.
 MT. White-I call for the previous question on the adoption of that Sec tion.
 The President-Will the gentleman allow the Chair to announce the result of tho vote If appears there are 75