The Montgomery advertiser., 1901-07-21

said Nil Burhs from 1al{1S h6< e :cupied the floor all the ttE<e< 11 5 report goes on down: The Chalr 19 consent Of this Conventt0n tr1t 314 Convention now act upon the txlI lr the ayes and noes demanded bx :H1 delegate from Mobile" Right fhere }1It< Cofer said: T rise to point Of o10exs that this is not germane and Y n34 been defeated by this house on d1<> ferent occasion and has been settleQ+ Then the President pro tenn. satd: ~1 1z Chair rules the point of order Is we1@ taken.
 MT. Jones-could the Chair hays ruled thing out of order that w@4 ci. the table if he had not conss1ere4 the proceedings aA tantam0unr Sc unanimous consentY <s
 Mr. Carmichael-The Chairman o4 tu4: Convention. amidst the confuszon that existed at the time, was ende4vof1nx to get the Convention to allow an ay& and no vote to be taken as requeste6 by the gentleman from Mobiis put the Convention had never agree1 70 that, as all this will show Ths .ost statement made by the Chair ts thiet "The Chair asks consent of this Con vention that the Convention now sc< upon the call for the ayes aa1 nosx de- manded by the delegate from Mohije,
 MT. O'Neal-I rise to q 1uins or 0fs der, the question before the :sorvention Is the motion of the gentleman. srom Montgomery to amend the report ok tho Committet on the Journal. Under snf rules of the house, the aebate iD lin1r ited to ten minutes. that is my fecoie lection of the rules.
 MT. Proctor-If the Chair recognlxe the point of order of the gentleman from Lauderdale. ask recognition to give my time to the gentleman rom Colbert.
 The Presidential seems to the Cha1r that the gentIeman's time has expifed.
 Mir. Proctor-I move that his tiyre be extended.
 The gentleman from Colbert yielded the floor to the gentleman from Jack- son.
 Mir. Proctor-Some gentleman in tho Convention desire things in the Jour nal which are not acted upon by tho house Whenever a result ia au< nounced by the Chair. it is the duty 05 the Journal to show that result, bu4 anything that the Chair may snx without aAv action by the house ts not the action of this Convention. and con- sequently ought not to be In the Jour nal. When this matter came up when the gentleman from Dallas offered tho amendment. the gentleman from Cei. houn moved to fay that amendment upon the table. Thereupon the Rree1- dent pro tenn. put that question te fnio body, a vote was taken, and the reNuzt was announced by the Chair-not a decision from the Chair, but a decisi3n of this Convention. consequently that was a matter that necessarily WenE into the Journal. Then whatever the Chair might have said of his own ac- cord. without giving the Convention an opportunity to act on 1t, is not Ques- ton that should go into the Journal. I was present. and I was giving eye and ear to what was taking place. vita no purpose to make any motion. and with no purpose to take any action put to vote when an opportunity presented itself. The gentleman from Mobile. all the time during the time the vote vas being taken, when the motion wac made. after the motion ot the e,Gentle- man from Calhoun was made, was on his feet demanding the ayes and noes. The Chair never recognized the sen- tleman from Mobile until after the re- suit was announced. After She result was announced. some complaint being made to the Chair that the gentleman was on his feet before the vote was nut to the house the Chair turned to the gentleman and made some remarks aa if he would like to give an opportunity to vote on this question by the ayes and noes and he said by unanimous consent I would like to put ths. But I maintain. Mir. President. that that never was put to this body. Four CT i've gentlemen arose. this gentleman here and that one over there rising 10 points of order amid great confusion. Ixr tunity offered. but 1t never was put. and whatever the Chairman announced without giving the Convention an op- nortunity to vote upon it. Is matter that should not go into the Journal. fhat is a matter for the stenographio renorter and not for the Journal. for inc Journal is there to record only what transpires bypthe Convention ana not by individual member nor py tnS Chair himself. do not think that anybody will contradict that unan. imous consent was never AsAso this Convention. The Chair an- ,oIrced his willingness if unanimous consent were given to put It 10 an ave and no vote, but I maintain tnas he never did ask this Convention " give unanimous consent.
 MT. I,omax-.Did not temporary Fres- ,dant sav that he did not hear 1ns yertlemar from Mobile, If he naa nsaru Ltn, he would have put the question TOT the a yes and noes. and say trust ana [ hone that this Convention VIII give lie unanimous consent to do so! Diah the Chair say that!
 Mr. Proctor-The Chair made soms remark like that.
 MT. Lomax--Was there opJectioh py anybody to that request by the CnairI
 Mr. ProctoR--That is the very poins I am making.
 MT. Lomax--If there was no onJection and the Chair had gone on and pue that motion, would you say that he dio not have the consent of the Conven- tion to the doing of that thing? That is what happened here yesterday. Ha asked for consent and nobody obtecteos and that is the whole contention oh ths gentleman. .,.
 Mir. Proctor-That is where we diff fer. He never asked consent. He salo I would like to put this question, ana probably it could have been done Dy unanimous consent, but he never asked i, the unanimous consent was gwen by the Convention. He made soma .sort of statement as the gentlema9 from .Montgomery states but he neveA did give the opportunity to the Cons vention to say whether or not unani< nous consent was given, and that is tne very point am making, because Was sitting there read to vote WheneVe1 it did come up. I will read from th$ stenographic report: MT. Reese
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