The Montgomery advertiser., 1901-08-06

Iu6 EcGb OI QEOWdtG-11e6yo atAN StiCutt clerks do not come out of the pockets of the people?
 MT. .Cobb-Certainiy, out of litigants, just as the Supreme Court Clerk. but they are quite different offices. As said here today about the probate judge. the most intimate connection exists between him and the people in the county. Different classes of off, cers have different duties to- be per- formed. With reference to judge of probate. everything is open to the pub lie. everybody knows what is being done. and have the right to know. It is not so here, and this cry about high salaries-why. gentlenn. it makes me sick. The ''laborer Is worthy Of his hire" everywhere and on all occasions. and want to see the day come in Alabama when we will wake up to the fact that we ought to do justice to our officials. Do you know, gentlemen. that the most important department of government of the State of Ala bama is the judicial. and do you know that the Judicial officers in the State of Alabama are paid more meagerly than any other officer under the gov ernment. but the cry Is always raised by somebody of too high salaries. It reminds me of an incident once heard This question was up In the legislature years ago before the war, and the cry was to reduce the salary Of the Gov ernor. and they were contending that you could get men to be Governor for little or nothing. One prominent old farmer got up and said: "Gentlemen. yes. let us reduce the salary of the Governor. my overseer will take 1t for sl GOO and he thinks he is as competent as any man in the State of Alabama. (Applluse). Inasmuch as believe that the majority Is about correct in this matter, I move to table the amendments and the minority re- ports.
 MT. Graham (Talladega)--I move for a division of the question.
 The President pro tem-Ihe question will be on the motion to table the sub- stitute of the gentleman drom Mont gomery to the minority report.
 MT. Watts-I call for the ayes and noes on that question.
 The call was net sustained.
 The motion to table prevailed by vote of 46 ayes end 12 noes on divis- ion.
 The President pro tem-The question recurs upon the motion to table the minority report. ..'..
 Mir. Graham (Talladegal-I ask. If possible, to have a division of that question. It says in substance that the clerk shall be elected by the people. and a salary paid him. I ask for a division of that question as to salary and cleo tion by the people.
 MT. Heflin (Chambers)-I raise the point of order that it is not susceptible of division.
 Mir. Rogers Sumter)-Replying to the gentleman from Talladega. who asked for a division of the question, I beg to say that have an amendment to offer when you have taken up the minority report that will meet the suggestion of the gentleman from Talladega.
 Mir. Hef1in (Chambers)-I raise the point of order that a motion to table is not debetable. r....
 The President pro tem-lt is the Chairs opinion that the question Is not susceptible of division. The motion, therefore, is to table the minority re- port. s-'
 Upon a vote being taken, division was called for, and, by vote of 53 ayes and Il noes, the motion to table pre- vailed. -.-.,
 MT. Hood-I make the point of order that no quorum voted.
 A Delegate-Too late.
 MT. Rogers (Sumter)-I desire to of- fer an amendment to Section 25.
 MT. Oates-I rise to a question of or der. I voted to table that proposition. but the point made by the delegate from Etowah does not come too late. that quorum did not vote, and. with all due respect to points of order, was not made too late.
 Mir. Rogers-You had recognized the gentleman from Sumter, who had of fered an amendment.
 The President pro tem-The chair Is not quite sure whether he had recog- nized the gentleman from Sumter or not The Chair was of the opinion that he had recognized the gentleman from Sumter.
 MT. Hehin (Chambers)-At that time was asking for recognition myself. and. If my recollection serves me cor rectly, the Chair stated that he had recognized the gentleman from Sum ter.
 MT. Oates-Even though the Chair does recognize another gentleman, but before the Conventions acts, and when 1t transacts no business, when a dele gate makes the point that a quorum has not voted, the Chair is bound to take cognizance of it, because it is not a vote until a quorum has voted or is present.
 President pro tem-The chair does not wish to do injustice to any one, and, therefore, the motion will be put again.
 MT. Ferguson-I rise to point of order There was a quorum present.
 The President pro tem-The Chair has not so ascertained.
 MT. Ferguson-The Chair must pre- sume 90 in the absence of anything to the contrary.
 The President pro tem-The Chair will not presume so in the absence of a vote that does not show quorum.
 Mir. Oates-One of the greatest par liamentary battles ever fought On this continent was over that very question: whether, when there may have been a quorum present and did not vote, 1t was A legal passage of the measure. It oc- cupied many days in Congress. and never was overturned until Speaker Reed overturned it by deciding that he could count a quorum If present. So the vote itself, when short of a quorum will not be questioned If no point be made. but if the point be made, then the chair must either adopt Reeds rules and ascertain the presence of quorum, or he may ascertain 1t by a call of the roll--a yea and nay vote, or a call of the roll. so as to ascertain if A quorum be present.
 The President pro tem-The Chair a agrees with the gentleman in part, but
 MT, Ferguson-I move that the roll of the Convention be called for the pur- nose of ascertaining whether or not quorum Is present.