The Montgomery advertiser., 1901-08-15

Kirkland. Tayloe. Kyle Willet
 Leigh. Williams (Elmore).
 AYES. NOES.
 Weatherly. Messrs. President,
 And the motion to table was lost.
 MT. Fitts CTuscaloosa)-I demand the previous question on the motion to re- consider.
 MT. Hood-I rise to a point of order. The Article on Impeachment has been ordered to third reading and to be engrossed, and a single Section of that Article cannot be considered without reconsidering the order by which it was ordered engrossed and to a third read ing.
 MT. Fitts-That point of order should have come before the last vote. It comes too late.
 MT. O'Neal-Cannot stop this. It was a motion to table the vote to re- consider, and it comes up now on the motion to reconsider.
 Mir. Jones (Montgomery)-This is a separate ordinance. anyhow, 1t has nothing to do with that
 MT. ONeal-It has nothing to do with the question of impeachment.
 MT. Hood-It is not a separate ordi- nance. but on the contrary was an amendment added to Section 8 of the Article on Impeachment. and that Arr ticle has been passed and ordered to be engrossed and to a third reading.
 The President-The Chair recognizes the gentleman from Tuscaloosa.
 MT. Fitts-I want to make the point of order. that the point of order made too late. The Convention has voted. and I moved the previous question on reconsideration. Furthermore, the Convention voted down a motion to ta- ble, and on yesterday notice was given of the reconsideration of the measure by which sheriffs were given a right to succeed themselves; that was the mo- tice of consideration of all legislation that accomplished that end. That was the form in which notice was given. The point of order comes too late and the notice of reconsideration covers the entire field.
 MT. Hood-I do not think the Journal will show that.
 Mir Fitts-I think 1t will.
 MT. Hood-As I recollect the motion was made to reconsider the Section in which the right of succession was con- ferred upon the Sheriff. That Section is part of the Article on Impeachment. The amending stage of that Article of Impeachment has passed out of the ju- risdiction of this Convention, under the present parliamentary status, accord ing to the uniform ruling of the Chair heretofore.
 The President-The Chair will look at the Journal.
 Mir. OFNeal-It is in the stenographic report.
 The President-The official Journal controls the Convention.
 The Journal shows: "Mr. Jones Montgomery moved to reconsider the vote by which amendment to Section of the Article on Impeachment was adopted (regard to sheriffs having two terms"
 Now that motion would not have been in order without a motion made and adopted 10 reconsider the vote whereby the Article was ordered en- crossed and to third reading. which would have to be followed up by a mo- tion to reconsider the vote whereby the Section as amended was adopted, and then it would be in order to move to reconsider the vote whereby the amend ment--
 MT. ONeal--I make the same point of order with reference to the motion of Mir. Long, with reference to Inn if that be the ruling of the Chair.
 MT. Fitts (Tuscaloosa)-Th steno- graphic report has the motion to re- consider: MT. Jones (Montgomery)- I make a motion now to reconsider the vote by which two terms were given to the Sheriff. voted for that"
 MT. O'Neal (reading from steno- graphic report): "Mr. Jones (Mont- make a motion to reconsider the vote by which two terms were giv- en to the Sheriff. I voted for that"
 MrI Fitts-That covers the third read ing and all.
 Mr. OINeal-Therefore I move that the Journal be corrected, so as to state the facts.
 MT. Ftts-Those are the very words.
 MT. Lowe (Jeeffrson)-I suggest the point of order that the matter has been taken up by unanimous consent of the Convention, and the point of or der therefore, that it is out of order. comes too late. There was not dis senting voice, the matter had been taken up and laid before the Conven- ton and a vote has been had to table the motion to reconsider.
 The President-The difficulty in the mind of the Chair is how the Conven- ton without a motion Is to get over those other two votes, the vote where bv this Article was ordered to a third E., ton as amended was adopted. Two votes must be reconsidered before the motion of the gentleman from Mont gomery would be in order
 Mir, Lowe-I recognize the difficulty, but 1t does occur to me subsequent vote taken on a different proposition could not cut off the right of a member to move to reconsider a specific matter of which he gives notice he will move to reconsider. The right to reconsider $ preserved by the rule. Any member voting favorably has the right within the morning hour to move to recon sider. Now can a subsequent action Df the Convention m voting down a dif- ferent proposition, cut off a vote or lake away that right? I submit it a question that Is difficult of solution.
 The President-It appears to the Chair hat the Convention without objection nas taken up the question. It is prop er and competen; where the Chair pre- 'ers not to rule, to submit the point of order to the Convention and the