The Montgomery advertiser., 1901-07-19

utive Department, I do not think 1 am precluded from offering it here. be- cause each article proposed to this Constitution is separate and independ- : ent. Each one is entirely separate and distinct from the other, and does not become linked together until this Con- stitution Is completed and the Commit tee on Harmony reports 1t Is adopted as whole. Further, any proposition which is germane to any section In any one of these articles. may be of- fered as an amendment although it may have been considered under some other article. The amendment offered in the Executive Department was ger. emane and 1t was acted upon but the action of this Convention 1t seems to me cannot possibly affect any amend ment offered to an other article or section where it is germane. 1t seems to me that the only question for tha Convention or the President to deter mine when each article is up for con- sfderation is whether any proposition by way of an amendment is germane to any article or any section jn tha article. If that is true, If that is ger mane, why then this is the proper place and it Is proper forthis Convention to consider it. The only question would be 1t seems to me is whether or not the proposition offered-this amendment offered, is germane to this section. It is entirely distinct and independent of the section to the article of tho Exec utive Department which this Conven- tion ought to consider. if 1t is germane, that is as long as there Is any con- nection, this Convention is bound tn consider it, and the fact that it was considered III connection with any nth- CT section or any other article cannot have any influence upon that amend ment when offered. It is for that req son make these remarks. I wanted to give my views to the President before he ruled on the other question. I don't care to take up the further tim- of the Convention. 1 think the prop osition one ofgreat importance. It is a different one from the one consid- cred in the report of the Executivs Department. 1t was not in fact the question then considered. and ! offer 1t because l think 1t of great jmpor- tance and should be incorporated in the Constitution. I was not in favor of the broad proposition which was at tempted to be passed in the report of the Executive Department by which it was sought to have the legislators ex- cluded from all offices of every char acter. They should be excluded in or- der that we might have a government free from bias or prejudice.
 Mir. Stamford (Pike)-When this ques- tion was up before I was ;n favor of a similar provision; but it seems to me after We have thoroughly gone into a matter. thoroughly discussed it, thor oughly considered it. that it is unnec- essary for us to take up the time of this Convention in the further consid- eration of a useless thing. when we are not only getting along slowly in the formation of a Constitution, but are being criticized by the people who sent us here; and for that very thing therefore move to lay the amendment on the table.
 Mir Bulger-I rise to point of order. This question should not he put to a vote of this Convention because this amendment is out of order: and be- cause the Chair has twice decided 1t on this very question.
 The PresiGent-The point of order is well taken.
 Mir Jones (Montgomery)-Wo the Chair hear a member on the correct ness of a ruling that has beeen made
 The President-The Chair will hear the gentleman from Montgomery. The Chair has been rather liberal on this question. It is somewhat irregular. but the Chair will hear the gentleman from Mont tgomery and will then rule upon the ques..on and so far as the Chair is concerned will consider 1t as con- cluded. r., E.
 MT. Jones (Montgomery)-Owin tc it's effect on future legislation, a mo- l.. Al. h ing. It cannot be adopted. It has a very different effect from a vote to pass on a motion to indefinitely post pone. That may be called res adJudi- cata. A motion to lay on the table has no more effect, to use legal illus tration. than continuance of case would have as being res adjudicata. submit to the Chair, therefore, what ever may be the ruling, where a vote is passed to indefinitely postpone a question, the same effect cannot and does not arise when a temporary dis position is made by a vote to lay on the table. It occurs to me, therefore, that the Chair has not given that fact any prominence in the ruling heretofore made on that question.
 The President-Suppose for instance this Section 16 is now under consider dbiOIlp anu kuC 6cllllCbAoh OihSA HIS amendment, the gentleman from Jeffer- son; and the Convention lays his amendment upon the table and the next section of this article is read, and he offers this same amendment to the next Section. And the point of order is made against it. The reply of the gentleman from Montgomery and those who maintain that position, would be that is offering a different section? That does not make any difference if 1t is the same proposition? Now SUD- pose in a matter whether we should have a Lieutenant Governor-that question was up; and suppose the Con- vention had rejected it, that proposi- ton could not be added again when each section came up, the members get up and offer amendments to each section of the article of the Commit tee on Executive Department that we would have a Lieutenant Governor tenant Governor. It would be simply calling upon the Convention to con slider over and over again the same proposition.
 Mir. Rogers (Sumter)-I rise to ask a question.
 The President-The Chair thinks he has heard enough discussion on this subject.
 MT. Rogers-I want to ask the Chair if it Is not the opinion of the Chair when a gentleman wishes to go into these matters that the proper motion to be made Is to rescind the action ot the Convention before they will do it
 The President-certainly. That was brought up in the matter of the sher- ifs. where the Convention had decided s-sl e. Al IL.