The Montgomery advertiser., 1901-07-17

Mr 0ateG--The only cnange recom- mended by the committee fs the change in the first part of the section, which is the same as was made h the first section, which has already been passed upon--abe 1t enacted by the Legislature of Alabama" Fae latter part Of the chanre Is in regard to Sections of Acts. You win find . good many Acts that have been passed repeat in every section Be 1t further enacted" which Is wholly unnecessary, and this pro- ytdes that 1t h not necessary to repeat those words in the subsequent sections.
 MT. Jones (Montgomery)-What is vour op.nion if the Legislature put 1t. :.be it further enacted" in some of the suhseouent sections? Would that in- validate the Act or that part of the Act? |. vitiate t at all.
 MT, Jones--The courts baye held If you leave out the word Aiapams. or anyth,ns that Is mandatory. 1t vttiates the law.
 MT Oeter--I do not think the repeti- ton of 'be 1t further enacted" would inrsiidate the law.
 MT Jones-would the gentleman ac- ccnt need instead of "shall?" Make it read need not" instead of shall not?"
 MT. oates-I oo not think it is neces- cary. but if it is insisted on. do not care.
 The amendment of the delegate from Montgomery was read as foilows: Amend Section ? by striking out the word shall where it frst appears. and insert the word med in place tnereoi' In line 9"
 A vote being taken. the amendment was adopted.
 Mr. O'Neal (Lauderdals)--i- have an
 The amendment was read as fol- lows:
 Amend Section 2 by striking out the word Legislature in the second line and adding in lieu thereof. the words Gen cral Assembly.
 Mir. Oates-That question has been considered in the first section and the vote there was adverse to the gensie- mans proposition I therefore move to lay the amendment on the table:
 A vote being taken the amendment was tabled, and a further vote being taken the section as amended was adopted.
 Section : was then read as follows:
 Sec. 3. Senators and Representa- tivcs shall be elected by the quei,riec electors on the first Monday in Au- gust. nineteen hundred and two. and every four years thereafter, unless the legislature shall change the time Of holding elections. The terms of off,ce of the Senators and Representatives shall be four years. commencing on the day after the general election. except as otherwise provided m this ConS~ tuition. Whenever 8 vacancy shall oc- cur in either House the Governor shall issue a writ of election to fill such va cancy for the remainder of the term" ;"
 Mir. Oates-This section. as recom- mended here. retaining the first Mon- day in August as the day for electing these officers, did not meet the approval of the Chairman of the Committee. who favored the Tuesday after the first Monday in November. will state to the Convention that the delegate from Mobile (Mr. Brooks) and the del- egate from Sumter (Mr. Chapman) were the members of the Committee who most strongly advocated this in this form I. therefore. propose to yield the floor to the delegate from Mobile (Mr. Brooks.)
 Mir. Jones lMontgomery)-Wouid 1t be in order to offer an amendment?
 Mir. Brooks-If the gentleman will yield to me for a moment.
 MT. Jones-I will yield.
 Mir. Brooks-I do not rise for the pur- pose of discussing the point referred to by the Chairman of the Committee. although. before get through. hope to have something to say on that sub ject.
 The Section reported by the Commit tee proposes a chanGe in the present Constitution, which, as l conceive 1t, is not only a serious but m ipjudicious change. It proposes that hereafter the representatives shall be elected every four years instead of every two years; and subsequent section requires that the legislative sessions snail be had every four years. instead of every two years. Now. 1t is impossible to dis cuss one of these points without at the same time discussing, to a certain extent. the other. they are so intimate ly connected. In the discussion of these two points 'onnectedly three phases of the question have been pre- sented. The first point of view Is fa- vorable to that which now obtains un- der our present Constitution, namely. biennial elections and biennial ses- sions. The third is favorable to the proposition in this section of Quadri- ennial elections and quadriennial ses- sions. Now I cannot get my consent to the change proposed. I prefer to have biennial elections snd biennial sessions. If I cannot get that. l would prefer to have quadriennial elections and biennial sessions.
 have heard no good reason assigned i for this change. Gentlemen refer to the action of this Convention in elim- mating from the legislative action hereafter so much in regard to local laws
 Mir. Oates-Will the gentleman allow me. l did not state that there are two questions involved In this section. One is that the August election shall be retained and the other is whether the elections shall be Quadrienniai or biennial as heretofore. The first uues- ton, as to whether you will have elec- tions in August or November. is the question 1 presented but both are in volved in it.
 MT. Brooks-Probably the gentleman frem Montgomery did not near my opening remarks when stated that I would not confine myself to the par ticular issue he raised, but would dis- cuss the proposition contained In the section and in discussing that 1t was hard to separate the question of quad riennial elections and sessions. MT. Jones (Montgomery)-Will the gentleman allow me to offer an amend ment which Is in line with his re- marks and then he can discuss it. Mir. Brooks--I would prefer the gen. tleman to wait until l get through. MT. Jones-I yielded the floor to you. MT Brooks-I say that contention falls to the ground when we recollect