The Montgomery advertiser., 1901-07-20

The rreSluent--Tne motion i1 n3t e table. 1t is to strike out thA bsc<J<4
 Mir. Barefiein-I vote no.
 The President-upon cssting ur t1e' vote It appears that there are 7S Ayes and 54 noes and the substisute Y adopted.
 MT. Kyle--I desire to offsr a subssi- tute for Section z7.
 The Presidential is out of ordtf. The Secretary will read the next se0s tioD. S
 Section % was read as follows:
 Sec. 29. All bills for raising revenue shall originate in the House Of Repre~' sentatives; but the Governor. Audltof, Treasurer and Attorney General mall before each regular session of the lexie- 1ature. prepare general revenue bil1 to be submitted to the legislature for it's action, and the Secretary of Sfate. shall have printed for the use of tho legislature a sufficient number of cop- les of the bill so prepared which tho Governor shall transmit to the House of Representatives as soon as organix- ed. The Senate may propose amend- ments to revenue bills. No appyoprfa- ton or revenue bill shall be passed du- ring the last five days of the session.
 MT. Jackson--Am in order to oRer Q substitute for Section 29?
 The President--There are two pends ing substitutes.
 MT. Boone--I desire to ask unaniuous consent to withdraw the substftute offered and offer this one in It's place
 Mir. Lomax--On yesterday when the substitute of the gentleman from Mo- bile was offered made point of or der on the substitute. and do not want to lose
 The President-The gentleman ie cor rect. but the point of order would ao- ply equally to the substitute.
 Mir. Lomax-very we'll. sir.
 The President-The Chair win now rule upon the point of order made by the gentleman from Montgomery. Ik seems to the Chair that the point of order is not we'll taken. A substitute is regarded by all the authorities that the Chair has examined as merely .: form of amendment. Every amend ment, says MT. Cushing in bis work on Law and Practice of Legislative As- semblies, which can be proposed wheth- CT by leaving out or adding, or leaving out and adding, Is itself susceptible of amendment, but there can be no amendment to an amendment to an. amendment. Thus, if a proposition consists of AB, and 1t is proposed to amend by inserting CD. which Is an entire substitute, strikes out the whole and adds different proposition en- tirely, 1t may be moved to amend tho amendment by inserting EF, but it cannot be moved to amend this amend- ment as for example by inserting e It seems to the Chair that the substi- tute offered by the gentleman from Mobile will be in order. The point oe order is overruled.
 MT. Lomax--Will the chair permit as parliamentary inquiry? would like to ask if in Cushing's Law and Practice there Is any treatment separately of substituted?
 The President--There is not. but the substitute Is regarded and so stated by Mir. Cushing that a substitute is q mere form of amendment.
 Mir. Lonlax-Did the Chair. ever ex. anime the rule of the House of Repre- sentatives in Congress with reference to substitutes?
 The President-The Chair has not. The rules of the House of Congress would not govern this body.
 Mir. Lomax-No. sir, certainly not except as a precedent.
 The President-The question is upon the substitute offered by the gentle.
 
 read the substitute.
 The Secretary read the substitute aa follows: "Ail bills for raising revenue shall originate in the House of Repre- sentatives. The Governor, Auditor ana Attorney General shall before each regular session of the Legislature prn- pare a general revenue bill to be sub- mitted to the Legislature for it's in- formation, and that the Secretary of State shall have printed for the use of the Legislature a sufficient number Of copies of the bill so prepared which the Governor shall transmit to the House of Representatives as soon as organized to be used or dealt with 30 that House may elect. The Senate may propose amendments to revenue bills. No appropriation or revenue bill shall be passed during the last five days of the session. D.
 MT. Oates--Mr. President, the substi. tute.. the whole operation of it is repetition, except 1t substitutes for the word action" the word ''infOrnation" which is unobjectionabie--it was ale ways intended by the word faction" and then on the seventh line, would suggest to the gentleman from Mobile that 1t ought not to contain "appropri- ation or" those words should be omit ted. No revenue bill should be passed during the last five days of the ses- sion. but this should not apply to ap- propriation bills.
 Mr. Boone-I would say. MT. PresiL dent, that the delegate from Mobile followed in the last seven lines the exc act wording of the report ot the cons mittee.
 Mir. Oates-That Is quite true. but I had not the opportunity of offering that amendment-that should not be in there. those two words, and 1 ask unanimous consent to strike them out. appropriation or'' two words in the seventh line-so that 1t will read that no revenue bill shall be passed during the lGst five days.
 There being no objection the amenda ment was ordered.
 MT. Boone--I ask that the same words be stricken out of the suhsti1 tute.
 The consent was given.
 The President-The question Is on the adoption of the substitute.
 MT. Blackwell--I hope that substitute will not be adopted, and I do hope very much that the substitute of the from Dallas will be adopted. The substitute of the gentleman from Mobile does not cure. So far as [ can see. the defects in the section at ale It still leaves the power with the Gov> ernor ana the Auditor to prepare this general revenue bill for the Legisla- ture. no matter for what purpose 1t is prepared. and it takes out of the hands nf the T TaRtslattlra tha rfohf to