The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-16

Montgomery, December 15.-(Speclal)-
The question of who shall appoint the
committees of the senate, the lieutenant
governor or the president pro tem grows
mere interesting as the time for the open
irg of the legislature approaches. 1t now
seems certain that Senator Perry Thomas
CT Barbour county will have no opposi-
ton for the position of president pro tenn,
and it is also a well known fact that he
aGheres to the idea that the committees
should be appointed by the president pro
tenn Lieutenant Governor-elect Henry b.
Gray takes the other view of the matter,
holding that it is not only the preroga-
tive of the lieutenant governor to select
these committees, but it is a response
bilty that he as the elected representa-
tive of the people has no right to pass on
to some one else. The retiring lieuten-
ant governor, lr. r. M. Cunningham, left
the appointment of these committees to
tie president pro tenn of the senate, be-
liexing that it was not the constitutional
duty of the lieutenant governor to make
the selections. As a result of this opinion
he allowed Senator Goldsby to make the
appointments during the last session, and
vas criticised by some persons who
thought that he should not have taken
this view o. mis- duties.
When asked for expression of opin-
icr directly on this subject, Lieutenant
Governor elect Gray said: Il can only say
that 1 think it is absurd for the presi-
dent pro tenn or any body to assume the
prerogatiVe of the permanent presiding
off icer, and to attempt to appoint the
anding committees. l do not believe that
the constitution contemplates such
ching, as the only word it has to say
of the duty of the president pro tenn is
that the president pro tenn shall preside in
the absence of the president OF course
| suppose that the senate has right to
make rules governing itself in the abb
sonce of positive statement in the consti-
tuition, and if the majority of the SEN
ate are not in favor of my appointing
committees, / will not be able to do SO,
although [ have not yet fully determined
what course to take"
Mr.. Gray would not have it understood,
nc viewer, that 4.e is in any sense in an an
tagonistic attitude to Senator Thomas.
I'he fact Is lat he is very much attached
to the popular young upper house man
from the Nome county of the governor,
as Well as the governor elect, and without
doubt they will be found working to-
gether in matters of important state leg
isiation. However," says Mr.. Gray, Il
think | have some rights in the matter.
having been elected by the people to the
position of lieutenant governor, and
shall under no circumstances relinquish
those rights unless forced to do So 1t
has been we'll known since Mr.. Gray
first entered the race that he believed In
the doctrine that it was the duty of the
lieutenant governor to provide the stand
iia committees, and as he ran with that
understanding fairly prevalent, he is al
wrys arguing thai it is nothing but right
tnat he should proceed with the appoints
n-ent of the committees.
Cunningham's Position.
1t is interesting to note the position of
Dr. Cunningham on this question and TO
recall his reasons for failure to appoint
the committee. To the correspondent of
this paper he said, when asked for an eX-
preston on the subject: II am of the
opinion, and such was my opinion four
years ago, that the appointment of the
committees should not be conferred by
the senate upon the lieutenant governor,
and for the following reasons:
q. Constitutional objections. The con-
stitution defines the duties of the office of
lieutenant governor to-wit: a. to preside
over the senate as its ex-officio president;
(2.) to vote in case of tie; g. to admin
lister the office of governor in the event
of a constitutional vacancy, permanent or
temporary, of that office The constitu-
ton also provides three distinct but co
ordinate departments of government,
neither of which shall discharge the duties
of the others, but the relations of all are
constitutionally defined and prescribed
The legislative power inhering In the APP
pointment of committees. in my opinion,
confers upon the executive department OF
the government prerogatives not author
lied by the constitution. This is particu-
larly true II the ruels of the senate pro-
vide that the presiding officer OF the SEN
ate and a majority of the senate, or a
majority of the committee and the pre-
siding office Of the senate has equal power
with two-thirds of the senate in referring
bills and three-ffths of the senate in
putting them on the calendar.
80. 1t is not expedient The legislature
meets on the second Tuesday in January.
The lieutenant governor (elecD is not
sworn in until the following Monday