The Montgomery advertiser., 1901-07-21

which temporary law will termtnate | with the Anal adjournment of the Con- yention. Assurediy an ordinance pro ,.st!s,,+ for the -,es,6ysa arvf .'lt tt'l fc'ea publication, printing. stationery. step- { o2raphic report ana payment for the | same. and of the ue- dieni compensa- tion of msmbers of she Conyention-ls . | yalld enactment Of a temporary nature, necessary 10 the existence oi the Con- vention and to the enabling of the | Convention to discharge carefully and | faithfully its duties. IL cannot be ,n- sisted that such an ordinance must ne subsequently ratified by the people either on special submission or foy rat ification of the Constitution. after its vitality has been exhausted-its life l departed-a dead lawA-havipg exutr.d l with the final adjournment of tae Con- | ventiou.
 | In this connection I desirs to call | your attention to the aole opinion of 1 the court in the case uf Commonwealth ex rel Elkin vs. Griest 70 l.. R. A. su- I ora. where the doctrine is maintained | that as the provisions cf the Constr tuition for revisions and amendments or the Constitution are in an article sep arate and distinct from that of "Les- | islative Department" that the provi- sions of the article un1er the head of Legislative Department" are not ex- tended. or referable to the article un- der the head of Amendments of the Constitutions" and that tina revis;s n l and amendment of :he Constitution is a separate and indepeaoeTt work ly a | differently constituted body with high | CT and greater functions and powers and not governed or bolal or limited | by provisions of the article on "Legis- lative Department"
 It is insisted that it is a dangerous 1 precedent to lodge in the Convention the power to pay it's own menb srs and employees. In Luther vs. Borden 2 Howard GU. SD D. A. Chiec Jusuce Fancy says: "All power is liable to be abused when placed in unworthy hands, It may bt perlinen.!y asked in | what worthier hands. or rather 1n | hands less liable to abuse 1t, could this power have been placed than those of the chosen and selected delegates and representatives of the people recently elected by them and subsequently, to the time of election of rnsmbers Of the General Assembly, and charged by 1 them with the high, great and respon- sible duty of revising and amending the Constitution of their State. Ire | people have placed on ever'y msmoar of the Convention the ';niprimatur of their trust and confidence in h's | worthiness. It should not be even in sinuated that these delegates will be- | tray this trust, or abuse this power | by fixing their compensation beyond fair. reasonable and just amount and contrary to precedent and custom reg ulating the rate of such compensation.
 For the reasons given: It is my opin- ion that on the passage of proper | ordinance by the Convention fixing reasonable per diem compensation of the members of the Convention for tEe time in excess of the fifty days made payable out of the treasury, on proper | certificates of the President and Sec rttary of the Convention to yoa as Auditor of the State, of the amounts owing and due the respective members as such per diem compensation, ycu can draw your warrant as Auditor on the treasury therefor, and payment should be made of the same out of the treasury as payments of the conpen- satlon to members of the General As sembly are directed to he made.
 Your attention is called to the fol- lowing additional authorities in whi,h the principles enunciated support this opinion:
 Sproule vs. Frederick 69 Miss, D. s9S; Lomis vs. Jackson W. Va. D. 1oS; State vs. Neal AZ Missouri, p. 123: Goodwin vs. Neal 45 Ga. p. 1o9; Ma loney vs. Roberts. 32 Texas, p. 13s; In re Senate File 25 Neb. p. S64; opinion of Judges of the Supreme Court of New York Appendix "D," Jameson on Constitutional Conventions. p. S65. --
 The New York Judges say in ttis opinion that such attempte1 restriction I af ho ma V | operate by way of advice or re cc lIi- mendation only, and not as law.
 Permit me to say that have come to this conclusion after careful cxami- nation, and with much hesitancy by | reason of my first impr55 sion in favor of the correctness of the contrary view and the profound regard have for the ability and learning of the eminent lawyers holding a different opinion. 1 Most respectfully,
 Charles G. Brown.
 Attorney General.
 Dictated.
 MT. Long (Walker)-I have resolu- tion. and I shall ask a suspension of the rules. and respectfully invite the attention of the delegates to the read ing of the resolution.
 The President-Delegates will please give attention to the reading of the resolution offered by MT. Long (Walk- er.)
 The Clerk read the resolution as fol- | lows:
 Resolution No. 2ss by MT. Long | (Walker.)
 Whereas, from the action of this Constitutional Convention, it appears that any and all persons holding of- flee of honor, trust or profit under the State of Alabama, are in the habit of | accepting free passes from railroads, | and are unduly influenced and cor rupted thereby,
 And whereas, the members of this Convention, are holding their office as such member under this State, and may. by reason thereof, be liable to bt I .,tiuenced or corrupted by accepting free passes for themselves, friends and l families, therefore,
 Be it resolved, That the secretary or of this Convention be and he Is hereby ordered immediately upon tno passage of this resolution to call the roll Of the delegates of this Convention, ana as his name Is called, each member Of this l Convention shall rise in his seat anu answer the following questions, whlch | shall then and there in open session of this Convention be propounded, to him by the secretary, the answers to which shall be recorded by the Secreta- rv in the journal of thls Convention l inc questions to be as follows:
 First-Have you a pass or passes now in your possession, q under your
 NaO 1