The Montgomery advertiser., 1901-06-01

to me 1t does not get at 1t as directly as the original motion. It directs the committee, it is true, to report euch portions of the constitution as have not
 been adopted but it does not create the distinction which the original resolu-
 tion does, that all portions of the con- stitution not affected by the work of
 this convention shall stand at part | of the new constitution. The objections of the gentleman from Jefferson seem to me not well taken as We are now proceeding in number | of instances by the introduction of ordinapces whose sole purpose is 10 | re-enact portions of the constitution we are falling into the same embarrass- ment that my friend points out as the | result of this resolution. We here adopt before the matter has been fully considered a portion of the existing constitution as a part of the new con- stitution. Later on 9 gentleman in- troduces resolution in conflict with it or a committee when 1t comes to
 report upon an article makes a report in conflict with it and in each ana every instance an inquiry would be made as to whether or not some pre- vious motion or resolution has to be
 considered before that new ordinance or report of committee can be taken up and considered. = MT. White-Will the gentleman allow me to ask a question? MT. Smith (Mobile)-yes, sir. MT. White-Suppose that some mem Der should want to introduce some measure that is entirely new law, and does not form any part of the present constitution, are we not limited by that resolution to simply amending, ai- terlng, or changing the present Consti- In nfk opportunity under that resolution to introduce measures entirely new and not embraced by that? In other words. can we do anything, except alter, amend, or change the present Consti- tuition if that is adopted?
 MT. Smith (Mobile)-In reply to the gentleman, l beg to say that in my opinion it does not prevent any change of any kind or description. If a reso- luton Is offered, expressly repeating, or in conflict with any provision of the present Constitution, it seems to me that by its own force it alters the Con- stitution to that extent.
 MT. Willett-Will the gentleman al- low me to ask question?
 The President-Does the gentleman consent to be interrupted?
 MT. Smith CMobile)-Yes.
 MT. Willett-Suppose I should intro- duce the bill of rights here as a reso- lution. who passes upon it? Under that rule as the delegate from Pickens, I send forward to the clerks desk a reso- lutio9. Does the journal show it, or is it ruled out. under that resolution?
 MT. Smith (Mobile)-It seems to me that it would be directly in conflict with the resolution now offered.
 MT. Willett-Then what becomes of my resolution?
 MT. Smith (Mobile)-1 think it would have the same effect as if you offered to reintroduce a resolution which had already been adopted by the conven- ton.
 MT. Willett-would the chair order that resolution stricken from the jour nal?
 MT. Smith (Mobile)-I am not able to answer the gentleman for lack of parliamentary experience. The gen. tleman, believe, is more of parlia- mentarian than I am. I am informed, however, that the chair would refer 1t to the committee. As far as I am able to go personally, is to say that it would be asking the convention to do over c second time what has already been done.
 MT. Carmichael (colbert)-Mr. Pres ident, at the proper time, I wish to in- troduce the following resolution
 The President-The question is up- on
 MT. Carmichael (colbert)-Yes, sir; but I propose to use this as a part of my remarks.
 Resolved, That the Committee on the Order and Harmony of the Con- stitution be directed to report back to the convention, when they make final report such parts of the old Constitu- tion as have not been amended by the proposed ordinances, as a part of the proposed new Constitution"
 It seems to me, MT. President, that the adoption of this resolution would obviate the objection made by the gen. tleman from Jefferson. The object of the proposed resolution by the gentle man from Lauderdale was to obviate the necessity of reading parts of the old Constitution. which will be accept ed by all members of this convention. Now, if this Committee on the Order and Harmony of the Constitution be directed to report back to this conven- tion such parts of the old Constitution as have not been amended, and the re- port of this committee be taken up and acted upon, if that course be adopted, we will neither adopt the old Constitution at this time, nor will we in any manner hamper the action of the convention. I will propose this resolution at the proper time. It is not proper How, but I will propose to offer it as substitute for the substi- ute.
 I will now offer this as an amend ment MT. President, to the amendment which has peeH offered.
 The President-The gentleman from Colbert offers to amend the amend ment offered by the gentleman from Clarke.
 MT. Coleman (Greene)-Let it be sent up and read from the clerks desk.
 The resolution was again read.
 MT. deGraffenreid-Mr. President, the House will remember that during the past three or four days, we nave spent most of our time in receiving ordi- nances and resolutions from the va rious members of this Convention. A great many of those ordinances were but reiterations of the present Consti- tuition, in many particulars. There was, occasionally, an ordinance intro duced which had as its basis. an entire article of the Constitution, with only one or two changes. The result was that we were listening to the reading of a long ordinance, re-enacting in nearly every particular the present Constitution, and making only an important change therein. It was thought by the Committee on Rules that, if this resolution of MT. O'NeaFs was adopted, we would have before us a framework upon which to build; that it would be unnecessary for this Con vention, for instance, to consider the question as to whether or not there