The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-01-03
AUTAUGA SENATOR
FAHORS CRAY PLAN
Thinks The Lieutenant Governor
Should Name Committees
CITES THE CONSTITUTION
Let Gray Decide Upon Them and the
President Pro Tenn. Announce
Them and a Recess Can
Be Avoided.

H S. Doster. state senator from Au-
tauga county, was in Birmingham yester-
day He declares himself in favor of hav-
ing the lieutenant governor appoint the
committees of the senate, and states that
there is no doubt but that a majority of
the senators favor this programme
Mr.. Doster is a well known man in
state politics, having served in the Leg
islature several times. He is a newspaper
man and prominent in the Alabama Press
association. In an interview on the mat
ter of appointing the senate committees
he says:
THE next senate of Alabama will be
organized by Henry B. Gray, who was
Ell ted lieutenant governor by the people
of this state Senator Thomas of Bar
bour has no opposition for the position
of president pro tenn of the senate, whose
sole duties. as defined in section 81 of the
constitution, are to preside over the de-
alterations of the senate in the absence
OF the lieutenant governor
Claim of infringement.
1T has been urged by some members
of the senate that for the lieutenant gov
ernor to appoint the committees of the
senate would be an infringement of the
executive department upon the legislative
department of the state government. This
opposition is based on sections AZ and 43
of the constitution, which declare the d.
visions of the government and provide
among other things that the executive
department shall never exercise the leg
islative or judicial powers or either of
them. By referring to section 112 Of the
constitution, it is made plain that the
lieutenant governor is not the executive
department but that department consists
of the several executive officers named
therein. The duties of the lieutenant gov
ernor are dual. He is a member of the
executive department as lieutenant COVER
nor, also under the constitution he Is made
ex-officio president of the senate, and, as
such president to all intehts and pur-
poses, is a part of the legislative depart
ment.
section III of the constitution makes
him the president of the senate, with all
of the prerogatives and duties pertaining
to that position, the only limitation upon
his powers being that he shall not have
the right to vote except in the event of
a tie.
Expressly Defines His Powers.
Section 81 of the constitution expressly
defines the powers of the president pro
tenn of the senate to be that he preside
over its dellverations in the absence of
the lieutenant governor. The power to ap-
point committees and organize the same
is not conferred in express terms upon
either the president pro tenn or the lieuten-
ant governor, unless 1t be insisted that
this power inheres in the regular presid-
ing officer of the senate. In the absence
of any constitutional provision the senate,
under section SO of the constitution would
have power to determine the rules of its
own proceedings, but it seems clear from
fair construction of the various pro-
visions touching the question that the
constitution intended to make the lleuten-
ant governor TIE pIeSlulllS Vi lHe
senate with all the powers and duties
that attach to such a position. One argu-
ment in favor of this policy is that he is
elected by the people for this purpose.
"As to the objection that the senate win
convene before the lieutenant governor is
inaugurated this may be easily answered
by referring to the practice in other
states where the incoming lieutenant gov
ernor appoints the committees of the SEN
ate, and the retiring lieutenant governor
announces them on the first day that the
senate convenes. For example, in the
state of Mississippi the lieutenant gov
ernor does not take mis- seat until sew
eral weeks after the meeting of the sem
ate, but 1t is recognized that he is re-
sponsible for the satisfactory working
of the committees, so the appointment is
left to him, and the retiring lieutenant
governor announces the appointments. 1t
has been suggested that both houses adj
journ until the inauguration of the leu
tenant governor, but the practice that
prevails in Mississippi and other states
would obviate any such necessity