The Montgomery advertiser., 1901-06-19

ESrsldent pro tcm of the Senate and Hueaker of the House, etc.
 Now. not one of these adjustments, fl underst2nd the reading of them, provide for the incumbency in the event of vacancy. In the first pro- Fiticu if the Governor and lieutenant Governor both shall die. resign or be removed from office. 1t provides for an &zectIon. and all these other arrange us<nfz for the incumbency and admin istrztion of the offlce are for special Eonditions. neither one of which is the eontinEency to which I refer and it struck me there is a vacancy unavoid- able. and the amendment offer pro- vjfies for that situation, wiping out any hance of a vacancy. It Is an asaendment that does no harm even If the gentlemen think it Is not necessary. but reading this ordinance in plain 9ld-fashioned English. I cannot see 1t <therwise than there may be vacancy with no one provided to i'll it..
 1fr. Boone--I move that the amend menk be adopted.
 A vote being taken the amendment vas adopted.
 Adr. Pettus-I offer an amendment.
 The amendment was read as follows:
 Amend Section IS of Article V. by striking out the words President pro tern of the Senate in lines 22 and g of said Section"
 Afr, Pettus-My reason for offering that amendment is that at time when the Senate is not in session if ques- tion as to the succession to the office of Governor arose. there might be grave doubt as to who is the President pro tenn of the Senate, or in case there is no President pro tenn of the Senate and the succession should go to the Speaker or the House, there might be some question as to whether or not Pres ident pro tenn of the Senate subse- auently elected. after the Speaker of the House had assumed the duties of the ofslce-as to whether the President pro tenn had a superior right. although elected subsequently to the Speaker of the House taking charge. To remove that doubt I move to strike out Pres tdent of the Senate wherever, it occurs In this Section and ln the amendment proposed by the gentleman from Bar bour. It seems to me that having pro- vided for a Lieutenant Governor who presides under the Constitution over the deliberations or the Senate. if he is 1ncompetent or refuses to uqalify for his ofice that the succession should go directly to the Speaker of the House. and not to the President pro tenn of the Senate, and therefore move the adoption of the amendment.
 Mir. Jones-I call my friends atten- ton to the fact that provision is made in the Constitution for the election of @ Presfdent pso tenn of the Senate when the Lieutenant! Governor is ab- sent from the Senate, therefore. if the Lieutenant Governor were to die or. as z6 the common practice in Washington, gets out of the way for the purpose uf allowing 8 President pro tenn to be elected. the President pro tenn would be elected and the records show that he was President pro tenn of the Sem ate, and it seems to me there is no necessity of the amendment of the gen. eIetnan from Limestone.
 Mr. Pettus-In the event of the Gov efnor succeeding to his office before the meeting of the Legislature and then a vacancy occurring and the Lieuten- ant Governor refuse sto qualify, the succession would go directly to the Speaker of the last House.
 MT. Jones--I think it would go to the President pro tenn of the Senate, if there was such an officer.
 Mir. Pettus-But suppose there Is no such officer. 1t would go to the Speaker of the House. and suppose after he takes charge President of the Senate IS elected. would the Speaker of the House hold on or would the President pro tenn of the Senate take charge?
 Mr. Jones-i could not say. I have not examined as to that.
 Nff. Pettus-Then there is a doubt as to the construction. and we ought to make 1t plain.
 1ar. Jones-I would not give an off, hand opinion on a constitutional ques- ton like that, but 1t seems the last President pro tenn would be the one to take charge.
 Mr. Pettus-I would ask If the Pres ident pro tenn is not casual officer?
 Mir. Jones (Mofitgomery)-Casua in one sense. because he is created when the Lieutenant-Governor is away but he is no more casual than any other 6facer. | move to lay that amendment on the table.
 On 8 division the motion was car ried by .75 yeas and 9 nays, % the amendment was tabled.
 Mr. Fitts-I now move the adoption Of Section l5 as amended and upon tbat l call the previous question.
 Mfr. Robinson-I i'll ask the gentle man to withdraw that a moment. I would like in line six where the words are his absence from the State for over twenty days" I would like to make that twelve.
 Mfr. Fitts-I do not yield.
 The President-The gentleman from Tuecaloosh moves for the adoption of 2 me S6cIlO1t as amended and calls for the previous question. 3
 Mir. Reese-I want to be informed. h Section of this article it proviies that the Governor shall be ineligible to once and is under pledge rot to go to the United States Senate. This Sec- 4ion 15 provides for the election of a Governor for an unaxpired term. Is he to be excluded the same way?
 Mir. Fitts-He is.
 Mir Reese-And in the event the At- torney General is called on to he Gov ernor. who is to serve as Attorney Gen araI?
 Mr. Fitts-The probability Of an At torney General ever succeeding as Governor is so remote that We did not think it was necessary to make Con- rtitutional provisio, but should 1t ever occur, tue Attorney General would va cate his office by becoming Governor and ha would appoint his own suc- cessor to the office of Attorney Gen. eral.
 A vote being taken the previous queS- tion was ordered and a further vote being taken the section as amended was adopted.
 The President-Read the next sec- tion.
 Section IS was read as follows:
 Sec. IS. If the Governor or other .of- ficer administering the office shall be- come of unsound mind, it shall be the duty of the Supreme Court of Alabama,
 kNS.-.