The Montgomery advertiser., 1906-07-03

acted upon in session bv the standing
 committee to which 1t had beenA re- .ferred, and returned bv the committee
 to the House.
 "The House Journal must affirma-
 lively show, among other things, that
 the standing committee to which the
 bill was committed acted upon it in
 session and returned 1t to the House.
 Constitution. Sec. s2.l These essen
 tials are shown onlv bv the following entry upon the House Journal; Upon an examination and investigation maoe. this November '. 1903. of the orlginal report of standing committees, house register, documents and records or the House, from which this journal IS com piled and transcribed. 1t appearing that House Bill No. 217. a bill to be entltieo an act to amend chapter ninety six, 1 (96) of the Code of Alabama of 1Ss6,
 was returned to the House by the com mIttee on Commerce and Common Car riers with the following report: Tne | bill was acted upon by the commit | tee on Commerce and Common car
 riers in session and ordered reported adversely. George H. Parker. chair man. Said return to the House or said bill and the action of the commit | tee thereon, in session Is not entered and made a part of this journal"
 Was It Part of Journal.
 "The matter above quoted was re- corded on the journal by the Clerk or | the House after the final adjournment of the Legislature. but before the 1os1 . nal left the possession. custody ana control of the clerk. and oerore it naa hsen sipred by the Speaker, attested | bv inc clerk and deposited win the Secretary of State. The question to be determined Is whether or not tnis entry is to be treated us part oI lh. | journal If it is part or the Jouinai | the act is not subject to the iniirmlty charged against 1t: if 1t is not part
 of the journal the bill was never c"n | stitutionally enacted. .s. MT Cushing. in speaking or tns duties of the clerk of the House or 1 Commons. says: At the end or the | session it is the busine of the cleIk to see that the Journal or the sessioh is properly prepared. and fairly trans | cribed from the mipute books, the printed votes and the original papers that have been laid before the House. l (9th Ed. Sec S27). Again, speaktns E I of leeIslatiye bodies in general, the same author says: When the prac- flee prevails Of taking minutes or the l votes and proceedings in the tirst in | stance. and of making up the 1ohrhai I lberefrom afterwards. the former mus. he considered as bearing the sahs | analogy to the latter that the oocAes l of a clerk of a judicial court peals to the complete record. ihe sos ,ram
 nroce sdtnas arc usually printed Iron
 dav to day for the use and conVeh- I iences of the members: but when the
 Journal comes to se made up, IT there lis any discrepancy between the IVY inc journals are held to be correct "Tbs practice in this State Is for the clerk and his assistant to attehu ,he desk and keep an account .. a
 ransactions of the House on separate
 shaats of naner. using for this purpose ro,n,,tes made by himself. original Is, norts. original messages. printed Ioi |. eoI1. printed documents ana rueps'
 stan,r forms. These sheets or paper are fastened together at the ena .S each days session. and consttule sn' , ,ournal of that day. The Hatlel 4, corlpiied Is afterwaras 'o',,roe, , bound volumes. ne Lne tournal.
 .@The recording of the journai Al, |, tbese records is never completed at 'i' , time the House finally aaJou n,
 rbvaical1v impossible for IL 10 NJ , comn,eted at the time ot adJ2u,nSsm s',, The clerk not only has the rlsh., eS .S, , it is his duty. to correctly F'o0iN
 journal in these recoras' s-.-..---.r- Instances Are Cited. "In the case of Montgomery, eso.. ',
 easton' 1a6 Ala, 425, by reference U tba original transcript. it will be seer shat the clerks compilation or tn
 tournal on sheets of paper as nelos' : 1 Seacrihed. which was approved py .n' , l journal committee, was not recoI ue' i. until after the final ad1ournnheht o the legislature. This compilation we correct The error was Tn tne
 | cerding on the final record "n,c a, sS , done by the clerk after tue Ilhal au i, tournament. The court held that th : recorded jeurna1-rrecorded aiter una 2 adiournment-contr The couF hai6 further that after the Journa
 had been signed by the speaker M Man'
 attested by the clerk. and deposlte'
 with the Secretary ef. state me ole''
 had no further control over it.
 .srhe effect of the decision is that af fer adiournment and before the Jour nal Is signed and deposited with tn . Secretary of State, the clerk may cor | rectlv record his manuscript Tn th : final record which constitutes the or icial journal. If he may so record II | he may certainly correct any error In parts of it theretotoEe EeIonons aor.
 Neither the House nor the journal com
 mittee ever sees the recorded journal They pass only, on the clerks manu
 scrint The clekk alone attends to tn recording of the journal and with us as the above extract from cushinl . shows. in the case of the House Commons of England. if there is con fict between the clerks manuserip } and the journal. as finally transcrine
 by him in the record, the latter gov . erns. The following extract from tn . opinion in the case above cited snow , the court was careful In that case no