The Montgomery advertiser., 1901-08-17

motion could not be reconsidered. Now the gentleman comes in with report from the Committee on Rules, and at- tempts to do by indirecucn what they cannot do directly. and hold that the Chair has correctly held that they can not do directly, and I hold that the Chair has correctly held that they can not by changing the phraseology. sus- pend Rule 57. and that would be the effect of 1t, if the resolution were adopted.
 Mir. Browne-This matter has alre ,oy been settled by this Convention. Sub division S of Itule 2 reads as follows: Gall of the roll in alphabetical! oIder for the introduction of resolutions, memorials. petitions and ordinances. and ther proper reference" Under that rule. the Chair so construed that rule
 The President-What rule?
 Mir. Brownc-Subdivision 6 of PUie 22 so as to compel the completion of the roll call before any regular order or special order could come up. It Was found to work dilateriously. and the Committee reported an amendment to that rul", changing that rule entirely. as follows: Resolved that Subdivis- ion of Rule 22 be amended so as to read as follows: Call of the roll in apha betical order for the introduction of resolutions. memorials. etc. out if the roll coll Is not completed oy II shall at that hour, immediately pro- ceed with thei next regular nrier "f business" That settles the ulssti ,n now before the Convention. That was an amendment to the rule. No not'.c was given, and it did not require a two- thirds vote. Rule 55: That the rules of the Convention shall not ne suspended. except by a two-thirc;s Vol c etc" has no reference whatever to the changing or amending of rules. There has never been parliamntary body that by any rule was so handicapped that a majority of the body could not change the rules: they are so handicap ped that the Convention itself without out amending or changing its rnies. cannot suspend the rules for any par ticular occasion or purpose, but under all parliamentary laws. the rules can be amended Or changed. Now We na>e a rule here that no rule shall he lc- scfnded without one days notice. It $ not necessary, however, to give one days notice, when the proposition Is to amend or change a rule oc briSg jn a new rule. but only when a rule is to be rescided. they must have one days motive. submit if it was necessary to give one days notice, this Convention has had more shan one days notice. because the gentleman from Greene. I believe. 1t was. CT some member, introduced rule and referred 1t to this committee, and the committee reports this as a substitute for that resolution. and the introduction of that resolution was mo- tice. The gentleman from Greene tated the other day when he advocated the laying of this on the table that the rule would be so changed, but I con- tend that Rule 55 has no application because this Is not suspension. but a change of the rule, neither does 1t come under Rule 57, because the Rules Committee does not propose to rescind any rule, but to amend one. No such pom: was made, and 1t is res adjudj- cata as far as this Convention Is con- cerned, because Subdivision 6 of Rule g has already by this Convention been adopted. This amendment does not sus- pend the operation of the old rule, but it amends the Rule so as 10 provide that if the roll call had not been completed at II o'clock, then they went 10 the regular order or any special order wI,n- out completing the roll call, under Subdivision 6 of Rule 22.
 MT. Oates-All parliamentary bodies have right to change the rules gov erning their procedure. but oa.J Tn tn manner provided for in those rules. Now. sir, the manner provided for In these rules, 1t Is contended, has not been compiled with and it is contended on one side this is a change of rules and denied on the other s.de The ar gument of the delegate who last oocu- pied the floor Is not at all to the point, that changes have been made, aI. 1 they have been made without question, but whenever there is any question made against a change of rule or a!.y new rule which has the effect of a cnange then 1t does invite the attention Of the Convention to the rules governing changes. Now, sir, the delegate from Talladega claimed that there had been ample notice given of this and then said that the delegate from Greene (Mr. Coleman) notified the other day that he was gong to do it. but there is no re- port on the resolution introduced by him this morning. It certainly is, of k "se in the power of the majority of the Con- vention. to make or unmake rule, as it pleases, but the parliamentary code IS that changes of rules are as much governed by the rules which have been adopted in the first instance as any other change which may be made by the Convention or anything else, any business, that may be made. Now, sir, here is fair test. l ask the Chair and every delegate on this floor if when tn Judiciary Article is taken from the table, can it be amended? Can 1t, ac- cording to the ruling of the hair? But the other day the Chair held that the Article having been ordered to a third reading and a motion then made to reconsider, which has been laid upon the table that t was not open to amendment, and consequently the next step was taken by the friends of those who wish to retain the Circuit Solicitor system, and the delegate from Greene moved to lay the whole Article on the able, and that is the way it got on the table Now if it were taken from the table, would not the Cha.r adhere to the able decision made jus: tn other day that it was not at all amendable It certainly would, unless it reversed itsel' That being true, how can the committee on Rules bring in a report into this Convent on and adopt it to- day which was not 10 be done and could not be done under the rules ex- ept for that report that is brought in anG that proposed, and proposed this morning.
 The President-The Chair Will inquire of the gentleman from Montgomery what s the pract Ce in Congress with re. ercnce to changing the rules? Does it require days notice?
 Alr. Oates-l will sta e that l was coming tO that will not eVade it.