The Montgomery advertiser., 1901-07-19
AFTERNOON SESSION.

l He convention was CalleQ 10 Of0er by the President and the roll being called showed the presence of eighty three delegates.
 Indefinite leave of absence was grant ed Mir Case on account of sickness in his family; indefinite leave was also granted to MT. Norwood of Lowndes, on account of sickness; leave of absence for today and until F o'clock tomor- row for MT. Dent; indefinite leave of absence granted to MT. Miller of Ma rengo on account of sickness in his family; leave of absence for today to MT. Weatherly on account of sickness; to MT. Tayloe for yesterday.
 MT. Pillans-Learning that the Hon. MT. Bankhead is in town, a distin- guished Representative, I wish to offer a resolueion rendering him the privi- leges of the floor.
 The President-The gentleman from Mobile asks unanimous consent to in troduce a resolution. The chair hears no objection. The secretary will read the resolution.
 The secretary read the resolution as follows:
 Resolution 2O4: Resolved, That the privileges of the floor of this Conven- tion be and are extended to the Hon. J. H. Rankhead."
 
 suspended, and further vote being taken, the resolution was unanimously adopted.
 The President-The special order for this evening is the consideration of the report of the Committee on Legislative Department. The secretary will read the next section.
 The secretary read Section 26, as fol- lows
 Sec. 26. The Legislature shall have no power to grant, or to authorize or require any county or municipal au- thority to grant, nor shall any county or municipal authority have power to grant any extra compensation, fee. or allowance to any public officer, servant or employe. agent or contractor, after services shall have been rendered or contract made; nor shall any officer of the State bind the State to the pay ment of any sum of money but by au- thority of law.
 MT. Oates-This section is changed to a considerable extent by the com mittee. It is intended to prevent the Legislature not only to deny to it power to grant or to authorize or require any county or municipal authority to grant, and the denial to any such mu- nicipal authority to grant any extra compensation, fee, or allowance to any public officer, servant or employe. agent or contractor, after services shall have been rendered or contract made. The latter part Nor shall any officer of the State bind the State to the pay ment of any sum of money but by au- thority of law" is old. It was not deemed proper for the Legislature to pass law touching any particular To- cality.
 Mir. Cobb-May I ask the gentleman question?
 The President-Does the gentlenRn yield?
 MT. Oates-When have finished my sentence. So as to allow any county or municipality to authorize or to re- quire the payment of money, supple mentary, for instance. to the amount agreed to be paid in the contract, or to supplement the salary of any State of fcer. and this is intended merely to deny that power. so that every one, whether an officer or contractor, must stand upon the contract made and the | amount of the salary or reward. l Mir Cobb-I desire to ask my friend if that would interfere with the pres ent law of allowing the sheriffs and clerks additional compensation. You know from time to time they are all lowed certain additional compensation to their fees. ex officio allowances. MT. Oates-You mean by country au- | thority?
 | MT. Cobb--By county authority. MT. Oates-No; not for services rem dered: it is only affecting contracts already made. or where some salaried officers, I don't think it would affect that power at all. for if it were found by the County Commissioners that the sheriff of the county had performed etxra services in any way. 1t would be competent for them to pass an order compensating him from the treasury for it.
 MT. Sanford (Pke)-May I ask the gentleman a question.
 The President-Does the gentleman yield for question?
 MT. Oates-CertainlY.
 MT. Samford-T just have one illus tration in my mind with reference to it. remember on one Occa- sion where the solicitor of a Circuit was disqualified from the pros ecution of a murder case by reason of his relationship. The court. of neces- sity. had to appoint an attorney to rep resent the State in the prosecution. Would this forbid making compensa- ton for such services as that?
 MT. oates-No; that is an original