The Montgomery advertiser., 1901-08-14

times, the last time. 1t was submitted to the Convention 1t was decided oth- erwise. and the old adage is that wise men reserve their right to change their minds. Now. with the Article before the Convention. 1t seems . preposter- ous proposition that the majority can not manage 1t as 1t sees proper. We have precedents in the authorities ! have cited. for the re-commitment of an Article when it was upon its third reading, That Is done fer the purpose of permitting a Committee appointed by this body to perfect the article, that 1t may be in a proper condition for the approval of a majority of the delegates. It is the intention of this body, as I conceive it, to get at the will of a majority, and parliamentary tactics were never intended to permit mil nority of a body to finally thwart the will of the majority. It Is the rule in all bodies that 6 majority shall frame the laws. It was the intention of the people who sent us here that a major ity of this Convention should frame this Constitution, and with the prece- dents before us. in the shape of as high authorities as can be submitted, l see no reason why this Convention cannot order this article back to the Com mittee from whence 1t came. to be put in proper shape.
 MT. Cunningham (Jefferson)-Wii the gentleman permit a question!
 MT. Samfcrd-I am such poor par liamentarian that am afraid to pc interrupted by the scimitar of the gen. tleman from Jefferson. I merely make these suggestions so that the delegetes may see that we want to proceed about this matter in the best way for our people.
 yield to a question:
 MT. Samford-Nor to the sctmitar from Clarke. Gaughter.)
 The President-The gentleman de- clines to yield.
 MT. samford-we desire simply to ar rive at the best conclusions. Tne eesf way to arrive at that Is from sne re. port of the Committee. The thing hes gotten to where a majority is net In favor of the article. and 1t does seem to me that the wisest thing that we
 The President-The Chair would ifks to ask the gentlemen question!
 MT. Sanford (Piks)-Certainly.
 The President--If the Article would not be open to an amendment in the would 1t be open to an amendment in the Committee!
  Whenever an Article is referred to Sno Committee, 1t is done under the ap- thority that last sent to the Chasri for the purpose of ie-arranging par. section in the Article-for fhse purpore and for no other.
 MT. sollie-w1ll the gentleman yield to & friendly inquiry
 MT. samfor6-Yes, sir, if it is friend ly.
 MT. sollie-well. it Is this. am friendly to your object. Why could not this Article as 1t now stands be amend ed. Is 1t finai-having voted uHen S and passed 1t in open Convention.
 Mir. Samford-I simply say. the rul- ings of the Chair are against IL, and I am not sufficiently well versed sH law to answer that ques. tion I am simply addressing myself to the question of recommttai. MT. President, as understand the rule with reference to articles, after third read ing has been by reason of the construc- t ion of the Chair of parliamentary law In our actions heretofore, we have no special rule upon that subject. There Is no rule of this Convention that pro- hibits even any kind of an amendment urolt q third reading.
 The President-The purpose of the Chair in asking for information is the Chair desires to be informed before making final ruling. The idea of the Chair was, if this Article could be amended in Committee, 1t could be amended here, because the Committee Is a mere agency of this Convention, and the creature could not do what the creator could not do.
 MT. Samford-I admit that, and will address myself to that now
 The Presidential 1t could be amend ed there, it could here.
 MT. Samford-Wilson's Digest of Par iamentary Law says: "On third resd- ng clauses may be added or amend ments made which have been before re- Iected, and clauses made left out of the bill which have been inserted at any previous stage" There Is the au- .hority.
 MT. Graham (Talladega)-Is that au- thority in that book?
 MT. Samford-I don't know anything a bout the book except what I have -ead It is Wilson's Digest of Parlia- nentary Law, I am not familiar
 MT. Graham-It IS the application hat want to ask the gentleman about mot the book.
 The President-Please send up the au- -hority.
 MT. Samford-Yes sir. Now under he authority read before, if this Con- lention can do nothing else 1t can re- commit with instructions to the Com nittee If 1t can recommit at all, as 8 held by MT. Gushing. it may be 'ecommitted without instructions.
 Mir. ONeal-We have not got to hird reading.
 MT. Samford-Yes-
 The President-The Chair cannot per nit a running discussion between members. A running discussion on this point will not be in order.
 Mir. Samford-The same authority, Digest of Parliamentary Law Iays "After a third reading it is toc ate to recommit 1t generally, but it nay take this course to rescind the particular clause or proviso, 1t Is not 0 be recommitted for the matter or for he body thereof or for the purpose Of ,eing divided into two bills"-concurr- ng with the authority sent up prioI O that time. Now this article has not lad third reading as 1t stands. That las been reconsidered by this Convsn- ion, and before 1t can be finally passed Lgain, it must be read again 10 this Now 1t seems that all the authorities which I have been able to Ind, or which have been handed 70 me. lold that a recommitment under cer- ain circumstances can be had. r0 wit with an instruction from the Conven. ion. With those remarks submit this 
 The President-The Chair will hear rom the gentleman from Montgomery.
 MT. Oates-Questions of parliament