The Montgomery advertiser., 1901-06-14

the words between the first semt-co1oH in the seventh line, and the period af~ ter the word Convention. in the ninth line. and leave 1t exactly
 The President-The Chair will remind the gentleman that the question before the house is the question of reconsid- eration.
 MT. Jenkins--weIi, I ana speaking, Mir. President. if the Chair will par- dop me-. to that point.
 The President-The gentleman win proceed. The Chair was under diff. ferent impression. lHaughterJ
 Mfr. Jenkfns-I was merely sugge4t- ing to the Chair that was going to offer. an amendment to strike out if the gentleman's amendment failed, ana for that reason am opposed to re- consideration, because think his amendment is good one and covers the point; although I think that the whole clause ought to be stricken out But take 1t the gentleman from Chambers has covered the ground. Now this Is a very serious proposition of allowing the legislature to pass up on these returns, other than as they are read from the Speakers desk, be- cause there is the evidence and that is the only evidence before that Con- vention and If you allow them to de- part in the least from it, why then they decide what they think the peo- ple want. and not what as matter o1 fact the people decided. shall vote against reconsideration.
 MT. Jones tMontgomeryl-I would like to inquire of, my friend of Cham bers if the substitute I proposed meets the objection he wished to -obviate, m ii. >s ro i. xxrk atonAay
 Mr.. Robinson--I think that the amendment offered by myself is clear CT and better and ought to prevail, ana do not want reconsideration.
 MT. Jones (Montgomery)-Mr. Presi- dent I regret very much, that as Cnair- man of the Committee. l have to ap- pear on the floor so often. The origi- nal change reported by the Committee from the present Constitution. was 10 remove doubt and obscurity. as to the power of the Speaker of the Houses about which a controversy has existed ever since the foundation of the Uni- ted States. until the Tilden ana Hayes election. There never has been an hour in the history of Alabama, whens if the General Assembly in joint con- vention refused to do It's duty, and to count the votes and declare the result that the officer who was elected Dy the people had any constitutional rem- edy. Therefore. the Committee desm- ed it wise to insert that the Speaker . duties are ministerial merely- Speak- ing in behalf of the Committees de- sire to say we are thoroughly Tn ac- cord with the purposes expressed by my friend from Chambers, for whose common sense and legal learning we have great respect; but I do submit that when the amendment offered py the gentleman says that the power os the joint convention shall be the same as that of the Speaker, and the section reported by the Committee, above the place where the amendment comes IT says the Speaker shall be controIel pA the joint convention 1t certainly does not carry out what is in the brain on r,v friend from Chambers. The SpeakS ar can't be subject to control or the ioint convention and yet have equat nowers. Now, what I understand ne objects to. is that this joint convention
 might 70 behind the returns. AS tno aectIon now reads in the Constitutions if is very clear that legally they coula rot do if. because it says contesteo elections shall be determined in sucn manner as shall be prescrtDeo Dy iaWs
 by the two Houses. Take tniS eases MT. President. I knew It to occur n this HOueG. ElW TCtdAA&o contrary to law, at q date dltLefeh1 from that prescribed by law. suppose the election had turned upon WnelneE thoae two returns were excluded or counted. I happened to be the occu- nsnt of the Chair at that time, ana reuarked that to avoid creating
 nrecedent. or claim of power in the Sneaker. to determine those questiohs' that the Speaker would take the ao- wise of the joint convention, renleLu-
 Der among some very eminent si.'s'ls..
 bers. the late Mir. Hewltt oL oes.Sas S.asI- sg..
 County, protested against the opeaH- er'a surrendering the power that ne claimed he had under the Constitutions
 to decide for himself.
 Now. when it comes to the fetest-=s
 A Sneaker may say this return ls 1oe genuine. I refuse to count IL. Ohuel fine section as proposed, an appear can he taken, and the joint convention can say you shall count 1t. It seelns " me. MT, President, that IT the ahlenu- a,l ment, offered by me, audlng tnal ln
 be ministerial merely, and confined 70 the opening. publishing and deciarinB the result of proper returns, tnis IS as good aL safeguard as we can have anu the only one that we can put III us Constitution, unless we proViue soln0 anneal from the action of the )olht con-
 MT. Cobb-win the gentleman allow me to ask a question?
 MT. Jonss-Certainly.
 MT. Cobb-What is the probable el- feet of that word proper you have sos in there? . 4A..a ts
 MT. Jones (2iontgomery)-Ah, there IS a great deal in that. '.
 Mir. Cobbs-That is why ask. lt gives that convention the same power they have under your original propo- sition. ,-,.,,,
 MT. Jones (Montgomery)-Exactly' The words were used adVlsedly, SuP.
 pose the returns came up here, nos signed by the proper oihcer' l nave nave known a case where the returns "eaes signed by three men, and 1t turned out that the Probate Judge and other ot- hcers were incompetent. and, thereIoIe, thev had selected these gentlemen to serve as returning board in thir stead and they properly sent up the returns, hut there was not a word on the face of those returns showing how these gentlemen came to be there. or Wny | they had any more right than John Smith. or James Brown, or John Jones'
 or any other citizen of Alabama, to slsn if. Now I say on It's face that was nor A proper return. It may be that re- luTn comes here, Mir. President, that has been tampered with. There are great many cases which the word prop CT would cover, which l cannot deilhs just at this time, and which my 1rlehu from Macon, I doubt, cannot dehne' | We have to trust somebody, and tne
 smendment offered by me Is in the di-