The Montgomery advertiser., 1901-08-02

 tered" Now suppose the Board of Reg istrars should admit q man of bad character. Are you to give the Legfs- lature power to revise that action?
 MT. White-No. sir. that ie not con- templated by that at all. That is a discretion vested in this board that cannot be divested by some subsequent proceeding.
 MT. O-Neal-well, is the Legislature then to determine who is legally or Illegally registered?
 MT. white-,Ne, sir, the Legislature does not have anything to do with that except to enact a law by which 1t may be done, If it is asoertained to have been done. I hope the motion Co table will not prevail.
 The President-The question is upon the motion to table the amendment of- fered by the gentleman from Mont gomery.
 MT. wfllfams CElmore)-I make the point of order the motion to re- commit was made before the motion to table.
 The President-That is true, but the motion to table outranks the motion to recommit and has precedence. and the motion to table must first be sub- mitted under our rules. If the gentle man will examine the order of prece- dence of motions in his book of rules
 MT. O'Neal-Is that subject to amend ment2
 Mir. Williams-My purpose was that if it was not in order, then would move to table the motion to recom- init.
 The Prcsident-There is already a motion to table pending. The question is upon the motion to table the amend ment offered by the gentleman from Montgomery.
 Upon a vote being taken, the motion to table was lost.
 The President-The question now Is upon the motion of the gentleman from Dallas to recsmmit the section and amnedments to the Committee on Suf- fraRe and elections.
 Mr. Harrtson-I desire to advocate that motion. I think SO far as the right of the Legislature to make these lists conform to the provisions of the Constitution, 1t would have ample pow CT to do so without any mandate in the Constitution itself, but from a casual reading of this amendment, it occurs to me that the Legislature Is given a supervisory power over the Constitution itself, which I do not think 1t ought to have. I think to car- ry out the idea that had first been sug- gested in advocacy of this amendment that 1t was to take names off of the list of those who had died, or been convicted or where there had been any judicial ascertainment of a dis qualification, the Legislature would be duty bound to carry into effect the am unwilling. and our Chairman of this Convention would be unwilling for the Legislature to supervise or re- hear the action of the registrars or any tribunal designated by the Convention for the purpose of passing on an efeo- tor.
 MT. Long (Walker)-How could it provide unless given authority by the Constitution. to take @ man off for fife when, under Section 18 here, it says that unless he becomes disqualidled under the provisions of this Article7
 MT. Harrisen-He is to remain so for life, provided he is not disqualified.
 MT. Graham move tos lay the mo- tion of the gentleman from Dallas on the table.
 MT. oNeal-Let us discuss the mat ter a moment.
 MT. Graham (Talladega)-I did not think a discussion ought to come up on a motion to recommit. The merits of proposition are not properly dis cussed, and I renew my motion to lay the motion to recommit on the table.
 Mir. Reese-I desire to ask for an aye and no vote.
 The call was not sustained.
 The President-The question is on the motion to table the motion to recom- init. 4,
 Upon a vote being taken. the motion to table was carried.
 MT. Thompson-I desire to re-offer my amendment as a substitute for the amendment offered by the gentleman from Montgomery.
 The Secretary read the amendment as follows: Amend Section 12 by adding at the end thereof the following: The Circuit Courts, or courts of like juris- diction. shall have the authority to strike from the roll of registered elec- tors. the name of any person not le- gally on such rell, upon the applica- ton of any qualified elector, when 1t is shown to the reasonable satisfaction of such court that the name of such per son was illegally on such roll. and a trial by jury may be had upon the de- mand of either-> the applicant or the elector, such trial to be without cost to either party to such trial.
 MT. Thompson-I do not care to make a speech on that. simply say to make its meaning clear: The only diff ference between that amendment and the one offered by the gentleman from Montgomery is that it is self-execut- ing. and 1t places now in the hands of the courts this matter of purging the list. instead of leaving 1t to the discre- tion of the General Assembly. It pro- vides that upon the application of any qualified elector, to the Circuit Court, the name of any person improperly on the roll may be stricken from it, upon proof being made to the court sufficient to reasonably satisfy the court that such person was illegally registered. That does not leave it subject to re- lection that has been suggested that some one could urge against the rati- fication, that this was left within the province of the Legislature to name any arbitrary cause by which names might be stricken from the roll. but 1t provides that the courts. which. of course, means the courts of the county in which such person was registered, shall pass upon that question, and on that matter a jury trial may be had. A jury trial has been mentioned here in other instances in this Article. A trial may be had before jury, and they must be reasonably satisfied that such person was illegally registered. Now then, gentlemen, l think this amendment would go long ways to satisfy the opposition and meet objec- tions that have been made that it was the deliberate attempt or purpose of some people to pad this registration roll to register the negroes in the Black Belt This is a sufficient guarantee