The Montgomery advertiser., 1907-01-10
GRAY FORCES WIN OUT IN OPENING STRUGGLE ON
 FLOOR OF SENATE CHAMBER

ment of laws and not of man. and.
 Whereas. 1t Is further provided that the office of Lieutenant Governor be- longs to the executive department; and.
 Whereas, it Is further provided that the Legislature shall be In session about one week before the beginning of the term of office of the Lieutenant Governor. from which it is made mani- fest that 1t was not the purpose of the framers of the Constitution that the Senate should remain idle and Inactive, at great expense to the State for a period. of about one week, until the be- ginning of the term of office of the Lieutenant Governor, for the sole pur- pose of affording him the privilege of appointing the standing committees of this body:
 "Now, therefore. we. the undersigned members of the Senate of the State of Alabama. being mindful of the oath of office, which we have taken to supper, the Constitution, and In order that the action of this body may not constitute a precedent in a matter, which we be- lieve to be in violation of the Consti- tuition of the State, and dangerous In effect; and believing in a strict adher- ence to the principle that ours shall be a government of laws and not of men. feel impelled to protest, and we now do solemnly protest, against any action of this body whereby 1t yields to the Lieu tenant Governor the power to appoint its standing committees; and we de- mand, under the authority guaranteed to us by the Constitution that this pro- test be spread upon the journals, of the Senate"
 The protest was signed by the fol- lowing Senator's: W. c. Jones' H. c, Reese. F. L.. Blackmon, j. w Heae cock, E. Perry Thomas. Evans Hinson, J. J. King, Charles B. Teasley, E. H. Glenn.
 Officers Are Elected.
 It was noon when the Senate began its session, with Lieutenant Governor R. M. Cunningham in the chair. Pray CT was offered by Rev. MT. Avery of the House. The roll call developed the presence of the Senate.
 The Senate went immediately into the election of the Senate officers and assistants, as named by the Demo- cratic caucus Tuesday night. Senator E. P. Thomas of Barbour was nomina- ted by Senator F. l.. Balckmon, and unanimously elected president pro tenn.
 The election of the other officials quickly followed. They were:
 Secretary, James A. Kyle of Jack son, nominated by Senator H. F. Reese.
 Assistant Secretary, William J. Con- mfr of Montgomery, nominated by Sen- dIOr CndTleS D. 1eaSley.
 Enrolling and Engrossing Clerk, Mrs. W. A. Gessner. nominated by Senator Norman Gum. .s Doorkeepcr. CaptainssW. B. Kemp, nominated by Senator O. O. Bayles.
 Assistant Doorkeeper. Captain W, H. Maybin, nominated by Senator Charles B. Teasley.
 Doorkeeper of the Gallery. John D. Watkins nominated by Senator Lucien Gardner.
 On motion of Senator Evans Hinson, a committee of three wAs appointed to escort the president pro tam-elect to the desk of the President. When this committed. which consisted of Senators Hinson, Lusk and Reese, had perform ed its duty, and Senator Thomas stood before the Senate, he said:
 T desire to express to the Senate my sincerest thanks for the honor the Senators have conferred upon me.
 T desire, too, to assure the Senators in advance that in the discharge of the duties of the trust which you have conferred upon me, I shall know no friends and I shall know no foes. shall attempt to discharge those duties them with fidelity to my State and to my people,"
 Then Fight Begins.
 
 same as that taken by the Senators, was then administered to the newly elected secretaries and doorkeepers. q. And then the big fight opened. Tho opening gun of the engagement was from the Gray forces. and 1t was in resolution from Senator John A. Lusk The artillery of the Thomas <orces re- piled with counter resolution, and the engagement was on in earnest.
 The Lusk resolution provided that the rules of the last Senate should govern the Senate with the exception of Senate Rule 30 which was to be SO amended that the Senate committees should be named by the incoming Lieutenant Governor.
 The resolution of the ether side of the controversy was offered by Sena- tor R E. Spragins of Madison, and 1t provided the Senate should name .ts own committees through a committee of the Senate. The resolution itself named the steering committee, which was to be entrusted with the duty of naming the Senate committees. Named on the Committee were Senators Lusk of Marshall, Lowe of Colbert, Overton of Randolph, Horton of Greene, and Reid of CoVington.
 At this moment hostilities were sus- pended until Clerk C. B. Brown of the House could deliver to the Senate a House message. The house lnIOrul- cd the Senate that it had organized and was ready for business. It fur ther informed the Senate that 1t had nassed a joint resolution providing for a joint committee to inform the Cover nor the Legislature had duly conven- ed The President of the Senate nam- cd on that committee Senators Lowe and Hamburger.
 A second joint resolution provided that a joint session of the House and the Senate should be held today at II o'clock to canvass the returns from the last State election, and declare the result. This, too, was adopted.
 Then the flag of truce was taken down. and the parliamentary hostilities were resumed. Senator Spragins' was recognized, to speak on his resolution, which provided for the steering com mIttee to name the Senate committees. He pointed out there were two clearly defined opinions on the question, as to who should appoint the Senate commit tees one that the President pro tenn of the Senate should name them, and one that the incoming Lieutenant-G Gov ernor should name them.
 Spragins Explains Position.
 50 far as [ am personally con- earned" said Senator Spragns, there are many strong cogent and convinc- ing arguments to be brought forth by both sides I leave 1t to those who have strong convictions on the subject to discuss those reasons and advance the argument. I feel, however, the of- flee of Lieutenant Governor is an exec utive office, and the appointment of the committees is a legislative right.