The Montgomery advertiser., 1901-07-21


 XU4fks in the sfenographic report:
 IE6 ChAir has coneented"--but the oop3>ution did not give the consent. an4 maintain that 1t would not be n uoft of the Journal.
 IT. cobb--Mr. President sometimes 1t 5 M happy position to be in to know X1xx little about the mysteries of par 11nm&ntary law. Now. there were cer- &otn .things that did occur yesterday. md which no man disputes. One of f4ou& things was that after the time &y upon the table prevailed. this HouUe took vote that 1t would re- malp in session for another purpose. and purpose inconsistent with the Dtnf4ment made in the Journal that that motion was laid upon the table. We took vote upon the question as Eo whether we would remain in session here. For what purpose? For the pur- pcs4 of deciding whether the tempo rAry President of this Convention had ruled rightfully or wrongfully in sus- taining the point of order made by ths gentleman from Cullman. Now, when the appeal was made from the 2 decision of the Chair, by the gentle man from Montgomery, and this Con- yention decided by solemn vote to re- main in session until the question was decided, and when the Convention went on and entertaied this appeal from the presiding ofYlcer of the Convention, when lt wns put to the Convention and voted upon by an aye and no vote. and no- < body objected. Is not that at least an Endorsement of the action of the Pres i4eut In entertaining the motion made 1v the gentleman from Cuilman7 Now. then, if that action made in the face q the House. made with the consent of tho House, made by . solemn vote of the House. and sustained as correct, if af conflicts. which Is to prevail ?
 Mf. Harrison--I would like to ask question: will ask you if the Chair Hes not prevented from ever really 6uhmitting that matter to the House 0y the confusion that existed?
 MT. Cobb--Yes. sir: that is true. The chair was prevented and before he put the motion to the House relative to the action proposed by the gentleman from Mobile, the gentleman from Cullman ynterposed. and the point make Is the fact that he did not technically put that question to the House makes no difference. What has parliamentary law to do here among a Convention of gentlemen framing Constitution. who intend to do right in framing 1t? Now. there Is no use of shirking this ques- ton. It is before this Convention, and the question Is free passes or no free passes and If this Convention have a fair show, they will determine and strike down free passes forever.
 Mir. oates-I was in my seat and have in charge the section which was under discussion when the amendment was onered. I was necessarily a close ob- server of what transbired. During the confusion yesterday evening tried three different times to get recognition Go give what I saw and knew about 1t, which I thought would have some ten- dency to explain the situation. will do so now, briefly. The amendment was offered by the delegate from Dai- Jas. Mr. Burns. which has been stated, and t is not necessary to repeat 1t. At once there was a good deal of ex- cttement. until motion was made by the delegate from Cullman to table the amendment and the vote was taken upon tabling the amendment. The pre- siding officer announced that it seemed to the chair that the ayes have 1t. That may not have been the precise lau- Euage, but that is the substance of it. He is too good a parliamentarian to announce at once a result without giv- ing any opportunity. He announced, however, that it seemed to the chair that the ayes had 1t, and just at that time the delegate from Mobile, who was occupying a seat over here where Delegate White now sits, was, and had been from the very moment of the an- nouncement. demanding the ayes and noes. The attention of the chair was then directed to that part of the hall, several gentlemen being on their feet, and the gentleman from Mobile. MT. Pillans. repeated his demand time and again, until he gained recognition, and then it was that the delegate from Calhoun made the point-that he could not make this demand because he was not in his seat. After that question was canvassed for a short time, the chair agreed or submitted the question whether he could not do it. am not sure about whether any vote was taken, but the chair entertained 10; said that if he had heard the delegate from Mobile. he would have recognized his demand for the ayes and noes on that vote. but that he had not been able to hear him, his attention was di- rected to so many occupants of the floor seeking recognition in another part of the hall. and he said he had no inten- tion to do an injustice to any delegate and he was disposed to grant the de. mand of the delegate from Mobile, stating he was on the floor making a demand for ayes and noes from the very moment when the vote was taken, and just at that time the occupant of the chair said he had no disposition to do anybody any wrong. and the dele gate from Mobile said certainly he did not, and the chair stated about that time, T will ask permission for unani- nous consent that the demand of the delegate from Mobile for ayes and noes be put to the Convention, and just at that point, before it was done, the dele gate from Cullman obtained recogni- fion from the chair and interposed his point of order which the chair enter tained, and decided and the appeal was taken from that decision. Those are the facts as witnessed them and rec ollect them, and, without going into < all the details, those are the essential facts of the case. Now, sir, 1t seems too me that while the vote had been taken and the chair had declared that it seemed to the chair the ayes had 1t, the final result had not been put: cer- taiYly his recognition of the delegate from Cullman, who interposed the point of order upon the identical question under consideration. The secretary had reported the truth that the motion had been to lay on the table had been carried, and the chair stated 'it seems 60 to the chair" but the final result had not been put. If it had been, the point of order came too late, and the chair would have so regarded 1t, but as he had not announced the final re- suit. the time had not passed, the op- portunity had not gone by. for demand ing the ayes and noes; he was disposed