The Montgomery advertiser., 1901-07-18

such. l now move to lay the amend- ment on the table. :,
 MT. Hehin (Randoiph)--on that l cal for the ayes and noes.
 The call was not sustained.
 The President-The question Is on the motion to table the amendment offered by the gentleman from Randolph
 Upon a vote being taken, a division was called for. and by vote of sixty ayes and thirty-two noes. the motion to table prevailed.
 MT. Pettus--I desire to offer an amendment.
 MT. Oates-I move the previous Ques- ton on the section.
 Mir. Pettus--I ask the gentleman to yield for an amendment. MT. Oates-My friend was a member of the committee and had ample oppor- tunity to amend.
 Upon a vote being taken. the main question was ordered, and upon fur ther vote. the section was adopted. Section 15 was read as follows: Sec. 15. Neither House shall, with out consent of the other, adjourn for more than three days, nor to any other place than that In which they may be sitting.
 MT Oates-That is the same as In the present Constitution.
 Upon vote being taken, the section was adorted.
 Section IS was read as follows: Sec. l6 No Senator or Representa- tive shall during the term for which he shall have been elected. be appointed to any office of profit under this State which shall have been created, or the emoluments of which have been in- creased during such term except such offices as may be filled by election ny the people.
 MT. O'Neal--I have an amendment desire to offer.
 The amendment was read as follows: | Amend Section IS by striking out all of said section which follows the l! word State in the second line" | MT. o'Neal-The amendment would leave the section to read as follows: | No Senator or Representative shall | during the term for which he shall have been elected. be appointed to any of- flee of profit under this State"
 It simply prohibits member of the Legislature from being appointed tc any office. whether 1t is created by the Legislature or not, while he is Q mem OCT.
 The President-The same question was presented on the report of tht Committee on Executive Department
 Mir. Oates-It was. MT. President. will say that the only changes made in this. and the only difference at al | from the way 1t. stands in the presen 1 Constitution, Is so as to make the Ian guage more easily understood. not re | quiring ana effort to fully comprehent | 1t. As 1t reads here. it ia quite plain | If gentleman Is a member of th' | House or Senate, and some Ctrcui Judge should die, the Governor could | if the authority were vested in him | appoint that member of the Legisla ture for the unexpired term. That | an office not created by the Lesislatur' during the term of such member, or th emoluments of which have been in creased during his term. The membe has had no connection with 1t, no mor' than any other citizen of the State.
 The President-The chair will invit' the attention of the delegate iron | Montgofnery to the amendmen, offered by the gentleman iron Lauderdale and inquire If it Is not thu same proposition that was passed upoi and decided by this Convention wher the report of the Committee on Execu tive Department was under considera tion.
 MT. Oates-I think 1t is substantiail, the same and I think it Is subject t' point of order. for the reason tha 1t was considered and voted down.
 MT. O'Neal Lauderdale)--I have no the book with me, but it Is laid dowi in Roberts Parliamentary Law tha the same amendment can be offered t different sections. It Is clearly lai' down in that work.
 1 The President--And the Convention could be required to vote upon tn same proposition on every Section O the Constitution?
 MT. O'Neal1Lauderdale) could ol the authority of that book.
 The Presidential the opinion of tn Chair, after the Convention deliberate ly considers a proposition and vote upon 1t, that question ought to be con sidered as concluded unless there is motion for it's reconsideration. Th' Chair, however, will say to the gen tlemap--
 MT. deGraffenreid-I want to b. heard one moment upon that point o order.
 The President-Certainiy. The Chai will be glad to hear the gentleman.
 MT. deGraffenreid-It seems to m that the position taken by the gentle man from Lauderdale Is the correc one. For instance. only few moment ago the Convention tabled the amend ment which was offered to Sectiol
 with reference to the issuance o free passes by railroads. The Chai stated to the Convention upon an in quiry. that he was in doubt as t
 whether that amendment was german to the Section. Now happen to knoy
 that there are members of this Con vention who voted to lay that resolu ton upon the table because the, thought it was not germane to tn particular Section then under consid eration.
 The President-That is not the poin
 now before the Convention.
 Mir. deGraffenreid-But want to SC if can not bring the Chair to tn
 consideration of the question that is be fore the Convention. 1t is possible tha
 the Convention has voted down tn same amendment. offered to some oth CT Section of some other Article, bu some members may have been actuate In so voting without expressing them selves upon the idea, that the amend
 ment as offered to that Section wa
 not germane to the subject. when i
 fact they favored the proposition 1t self. So 1t seems, If that be true, tn
 same amendment might be offered t
 different sections, and for that reaso
 1t seems to me that the point mad
 by the gentleman from Lauderdale
 unanswerable. Mir. Heflin (Chambers)-I move to la amendment on the table. / The President-In the opinion of tn
 Chair where the same proposition , offered. it is not in order, otherwis this same amendment could be of fered to every Section as we pro ceeC