The Montgomery advertiser., 1907-02-09
OvERT0N FORCED TO YIELD
 .GAvEL 10 BARBOUR MAN
Randolph Senator Called to Preside
 Over Chamber.
snubbed Omcial Passes scathing Crit icfxm on Disregard for Canstffr- ton shown--Repeats vote
 on Railroad Measure.

For the first time since the session of the Alabama Legislature met. Pres ident pro tenn E. r. Thomas yesterday afternoon occupied the chair of the presiding officer. and his occupancy of the post was marked by one of tho most dramatic incidents of the entire session.
 With deliberation. and carefully ss- lecting his words. the President charR- ed Lieutsnant-Governor Henry B. Gray with an intentional dIscourtesy to him, and hs charged the Lieutenant-Govefs- nor with disregarding a plain provision of the Constitution in summoning ans other Senator to the chair whiie the President pro tenn was in the chamber.
 Senator Henry F. Reese preceding the earnest and deliberate speech of Senator Thomas. had twice protested against the presence of Senator John W. overton. who had been summoned to the cnair by. President Gray. and of order.
 With two or three different Senators on their feet. their finger on Section 5l, and intimating that the temporary presiding otncer had made an erroneous ruling, Senator Overton reversed his ruling. and surrendered the chair to Senator Thomas.
 Womi.a be Unconatftuttanal.
 The inciuent occurred during khA consideration and passage of one or Eha administration's most important bills. the bill introduced by Mr. Gardner un- der the title. ITO regulate railroads ia Alabama"
 In the opinion of practically every lawyer on the Senate roor. the pass age or the bill would have been ull- constitutional. with neither the Press ident nor the President pro tenn pre- . siding. while ono of them was in the Senate Cnambe.. The centan450n lA based upon Section 5i of the Consul tuition. which declares the "Preaident pro tenn shall preside during the ab- sence of the President"
 Lieutenaht-Governor Gray. few minutes before 5 o'clock. motioned Co Senator Overton of Randolph. to as- sume the cnair When he had turned the gavel over to the Randolph sena~ tor. the bfeutenant-uovernor cisap- peared in the rotunda- Senator Luslk was speaking on the railroad reguIat- ing measure at the time. AS he con- cluded he presented an amendment which had been agreed upon by the friends of the measure. Senator Over ton directed the roll be called on the amendment.
 The roll call had hardly started when Senator Reese arose and said earn estly;
 Rules Reese Out Of order.
 T rise to a constitutional point OG order. The present occupant of thu chair is holding it in violation Of fhM spirit and letter of the Constitution. The President of tho Senate has left the chair, and although the President pro tenn of the Senate Is in his seaa in this Chamber, he has called to the chair another member of this body fs violation of Section 61 of the Consti. tuition.
 "The gentleman from Dallas is ouA of order Proceed with the roll cali.@ said Senator Overton.
 Tn the meanwhile, some of the menu bers of the majority made efforts tm have Lieutenant Governor Gray found and brought back to the Chamber, bus the efforts were unsuccessful. Tho vote showed the amendments had been adopted, but before 1t could be ans nounced, Senator Reese rose again
 T demand the right to file on tho journal my protest against this uri- constitutional and Illegal proceeding. I want 1t understood there Is nothiua personal to the gentleman from Ram dolph, for whom I nave the highest consideration, but I am standing upon a clear and distinct provision of thu Constitution"
 The gentleman from Dallas will pua his protest in writing" said Senator Overton.
 At this juncture. Senator spragins with some solicitude, said:
 Al -a--n will read Section 51. of the Constftu- tlon. he will, perhaps change his rui- ing. think the provision Is quito clear"
 OvertOn Forced to Yield.
 At the same time, Senator Lusk stepped to the desk of the presiding officer and held a whispered conference with the senator from Randolph. AZ It's conclusion, Senator Overtop said:
 The chair rules the point of the Senator from Dallas was we'll taken. The Senator from Dallas may consid- CT himself a committee of one to os- eort the President pro tenn to the chair
 "The President pro tenn has ample ability, and will experience no dlfi- culty In finding his way to the chair. said Senator Reese.
 When Senator OYertoD had surren- dered the Eavel to him, Senator Thom- as said deliberately and with feeling;
 For the first time since the session of the Senate began. 1 find myself called to the chair. I find my self in u delicate position. and in q position Of some embarrassment. You honored me with the election as President pro tenn of the Senate. I have differed with n majority of tho Senators aR 10 the constitutional prerogatives of that office But you honored me with the of- flee. and have been here through ev- cry session of the Senate to discharge the duties Of that office.
 Charges Gray with DiScourtesy.
 The President Of the Senate has lefA the chair to another member of thiz hody 10 preside during his absence. In violation of the Constitution. The President of the Senate In doing this has been guilty of a grave discour tesy to me. was approached by friend in the Senate who asked me 10 rise and enter a protest when the