The Montgomery advertiser., 1907-01-13

Tn the discussion of the Lusk resolu- fscu in the Senate Friday, which gave to the Lieutenant-Governor the right 10 appoint the standing committees or that body, Senator F. L. Blackmon or Calhoun County made a strong speech in opposition to the measure. He call ed attention to the fact that his expe- rfeuce in the Senate had convinced him that rarely ever were votes changed by a discussion of the issues involved. but that as a number of Sen n&ors seemed to place the question or their action on the appointment of the committees, on the ground that they were pledged to the Lieutenant-Gov- errcr, he could not allow this errone- ous Idea to be unchallenged, and stated it was not . question between MT. Gray and Mir. Thomas. nor should the tact that . number of Senators were pledged either to Mr. Gray or MT. Thomas, have influence with them as to how they cast their votes; but that the controlling influence should be, What can we legally do under the Con- stitution, which we have just taken an oath to support? He said he had not had the honor, or the pleasure, Of ob- faining the views of the incoming Chief Executive, or the views of the distin- guished geneleman from Jefferson, to whom the incoming Chief Executive had referred the Senator from Madison as to a settlement of the committees, but that, fortunately for himself. he had learned, in a feeble way. to read the English language, and was taking his instructions, and was being con- frolled by the Constitution of the State of Alabama, which could not De changed by the Chief Executive or the distinguished gentleman from Jener- son, or the Lieutenant-Governo or the President pro tenn of the Senate.
 Reads from Constitution.
 Tn this connection, he read to the Senate Article iii, Sections 42 and 4S' of the Constitution:
 Section 42. The powers of the gov ernment of the State of Alabama shall be divided into three distinct depart rnents, each of which shall be confided to . separate body of magistracy, to- wit. Those which are legislative, to one; thpse which are executive. to an- other; and those which are judicial, 70 another.
 Section 43. In the government Of this State, except in the instances Of this Constitution hereinafter expressly directed or permitted, the legislative ffepartment shall never exercise tho executive and judicial powers. or either of them; the executive shall never ex. ercise the legislative and judicial pow. CTS, or either of them; the judicial shall never exercise the legislative and ex- ecutive powers, or either of them; to the end that it may be a governments of laws and not of men"
 He also read Article iv, Section A, or the Constitution:
 eSection A The legislative power of this State shall be vested in a Leg fslature, which shall consist of Sem ate and a House of Representatives"
 Also Article V. Section 112:
 Section 112. The executive depart" ment shall consist of a Governor, Lieu tenant Governor, Attorney General, State Auditor, Secretary of State. State Treasurer, Superintendent of Educa- ton. Commissioner of Agriculture and Industries and a Sheriff for each county"
 Challenges Lawyers.
 He said no member of the senate, whether he be a lawyer or not, could fail to gather the plain intent or the framers of the Constitution. It clear 1y appeared 1t was not intended the lieutenant governor should appoint the committees, because in Article Of the Constitution quoted in the same ar -tjele in which the lieutenant governor is designated as a part of the executive department in Section IT of said arti- cle. is to be found the following lan- guage:
 .sThe lieutenant- governor shall be ex-oficio president of the Senate, but