The Montgomery advertiser., 1901-08-14

,hat put 1t there before 1t can be made ihe basis of further action. That IS we'll settled rule, or the Committee could. of course, originate different Ching 1 MT. Coleman (Greene)-May ask the gentleman question?
 The President-Will the gentleman yield? Mir. Oates-Yes. r'
 MT. Coleman-Would it not be en- tirely in order If that is done to Cffer an ordinance, an exact copy of this with the exception of that Section, to be referred to the Judiciary Committee?
 Mir. Oates-Yes, but it raises another question whether the Judiciary Com rnittee could bring in the same thing Nhat had been laid upon the table. MT. Coleman-If it is a different thing?
 Mr. Oates-well. if it is not the same thing, Of course they could do that. Nok, wish to offer some au- thls question. Now, sir, this from which I read is not only the ruies by which Congress is governed, but tt also embraces Barclays ana Jetrer- sons Manual of Parliamentary Law, and the most valuable part or It is the digest which gives precedence. rulings and decisions of the Speakers of the House and the President of the Senate, which have been concurred in and &C., cepted as proper expositions of ques- lions of parliamentary law not settled by rules. Now, sir. on the proposition to recommit it is stated: "Committal to the Committee which has reported measure. or recomnnitted-recomm tai is the action usually taken when numerous amendments have been adopted. or when it is found necessary to rearrange the text of a bill. The moticn to commit or recommit is of the same rank with the motion to amend. and in the house is in order at any time that an amendment would be in order and none others" Then: "A motion to commit with instructions or to report a certain amendment Is not in order if the proposed amendment Is not In order as an amendment to the bill. The Journal. first volume, 18th Congress. page 1247-4S." In this case 1t would be impossible for them to amend because the motion to pass this Article, to order an engrossment and third reading of it, has been passed, and motion made to reconsider, and that voted down and tabled. So it is not in a condition where before that pe- riod 1t was open to amendment. It's condition is unlike 1t was then and an amendment could not be offered, so the lO TeCOHiIhlL WllNOul lLSti uStiOH to bring in different proposition upon this particular thing, because that could not be offered as an amendment here. Nowy sir. can 1t be done any, way? In Congress comrnittals and re- committals are made, but listen to what is said: Tt is in consequence of this rule it shall be in order pending the motion for or after the previous question shall have been ordered, on ta for n tam and admit a motion to commit with or without instruction, to a stand Ing or select Committee. This rule is construed to permit but one motion , Go recommit, vhich motion Is amend able as other motions until the pre- vious question is ordered thereon" Now. in the absence of that rule here is what is declared: "A motion to commit or to recommit would not be fin order after the order for rhe en- grossment and third reading of a. bill had been passed, but for the express provisions of Rule IT." Now you have no Rule T. here. and this Is an enun- ciation of well recognized settled par liaulertary law. After the engross- ment and third reading of the hill it Is then too late. and it cannot he done in the absence of an expIess rule. That is held without dissent.
 MT. Harrison-I will ask you If Rule 4S of this Convention which reads as follows: Ordinances and reports may be recommitted at the pleasure of the Convention" is not fully as broad as Rule II of the House of Representa- tives. under which they hold it could be recomHitted. (,
 Mir Oates-The trouble about 1t is that it Is not applicable all along the line. They may be recommitted at any time so long as they are amendable, but when they pass beyond that state. the motion then under that rule Is not al Iowable.
 MT. Sanford (Pike)--Will the gentle man permit an interruption just there 2
 MT. Oates-Yes.
 MT. Samford-I desire to ask the gentleman if Rule AS says anything about. amendments-is it not absolute?
 Mir. Oates-I have just read the gem eral parliamentary rule, and it is only when the measure is subject to amend ment
 MT. Coleman-Therc is Rulo AS which governs
 MT. Oates-I have read'it before. but that Is not broad enough. The proper construction of it is that it is appli- cable so long as the measure is amend able and no farther than that. It has frequently been decided that it ts not in order to move to recommit bill with instructions to bring in report which would not be in order if offered in the House" The House having vot- ed to strike out what II is proposed 10 instruct the committee to report, though they have not offered any in struction here it is exactly what they are trying to reach. It is not in order to move to recommit with instructions to report the original matter as sub stitute for or amendment to the bill in it's present sta.us." So ruled by Speak CT Carlisle. reported in The Congress sional Record in Volume 1. 49th Con gress.
 The Preziaent-What was the ruling of Speaker Carlisle? -.-.+.
 MT. Oates-That it had been fre- ouently decided that it Is not in order to move to reconmit bill with in- struct:ons to bring in a report which would not be in order If ordered in the house It ia very similar to the ques- tion propnunded to the delegate from Pike a while ago. The house having voted to strike out what it is proposed 10 instruct the Committee to report" or desire thrm to report is the same thing. Tt is not in order to move to recomnit with instruction to report the original matter as a substitute for. or amendment to the bill in its present status" That is in harmony with oth. CT decisions made by Speaker Carlisle,
 a.