The Montgomery advertiser., 1908-12-27

Council of Montgomery. lss Ala. 4ss l (36 So. 23.) The opinion of Mir. Chief Justice Mcclellan points out clearly the causes that brought this constitutional provision into being and the purposes for which 1t was adopted. Speaking of the discussion of this section and of section 20, AArticles4 of the Consti- lkutfon of 1875, which was the spredeces- sor of Section .62: in the Constitutional Convention of 1901. thestopinion says: Tt was said fhat sometimes bills which | had been referred by the House to one committee had, .without the sanction Of the House. gotten into the posses- I sion of and been considered and re- | ported by another and distinct com-- mittee and to prevent this in future 6 l provision was inserted requiring the | committee to which reference had been | made to consider, act upon and return the bill to the House.
 Tn reporting this Section to the l Convention. It's Committee on Legisla- tive Department made the. following 1 staetment: TO Section 20 (of Art. {, Constitution of 1s75) arc added the re- 1 qnirements that the reference of bills 1 therein, provided for must be to standing committee of each House. that the action of such committee thereon must be had in session. and that the facts of reference. action, in session, and return must affrmativeIy appear on the journal of each house. a Furthermore, the Journal of the Con stitutionaf Convention shows that Sec tion 62 as originally reported by the Committee on Legislative Department had the words, the committees" where such committed" now appears. On; motion of Mir. Browne, the words, "the committees'' were struck out and the words. such committees" were insert ed in lieu thereof.
 The language of the Constitution. en- forced by the opinion in the Walker case supra and the discussion and ac- tfon of the Constitutional Convention, seems to leave no room for doubt that bill, to be constitutionally enacted. must be returned to the House by the identical committee to which 1t was, referred. Such committed" is the plain and, forcible language of the Con- stitution and to cut off tfie possibility of construction of Section 62 diff ferent from that given by the conveu- ton, "sucn'' was inserted for 'the" which originally stood before the word committee <-sl
 The return of the bill to the House by such committee to which, 1t was referred is one of the facts which must ~afiirmatively appear upon the Jour nal. of each House." If any doubt could ever have arisen on this point. 1t has been settled beyond .cavil by the opinion in the Walker case. The court, in that case, took occasion to examine the proceedings Of the Constitutional Convention. and alter thorough con sideration of the question, enumerated the facts which must '.affirmative1y appear on the Journal of each House." They are: "The reference to 8 stand committee, action in session by it, and return to the House."
 Whether these provisions were com. piled with by the Legislature in act ing on the act of November 23rd. can only be ascertained from the Journals of the Legislature. The following en- tries appear on. the Senate Journal:
 Message from the House.
 ''Mr. President:f
 "The House has originated and pass ed the following House Bills:
 HI. II. To repeal an act entitled 'an act ito define who are delinquent chill dren and to provide for their, arrest, March l2, 1907.
 Cyrus B. Brown, Clerk.
 House Message.
 'The House bills in the foregoing House message were severally read once and referred to appropriate stand ing committees as follows:
 I'll. 67. To Finance and Taxation.
 =55 =He
 "H., Il. To Local Legislation" Sen-i ateF Journal, Page 190. f
 Reports of Committees.
 ''Mr. Lusk, chairman of the stand ing committee on Judiciary, reported that said committees In, session. had acted on sthe following bills and or dered same returned to the Senate with & favorable report, and they were seY- erally read a second time and placed on the calendar, to wit:
 HI. II. To repeal an act entitled An actsto define who are delinquent chilr dron and to provide for their arrest, care and reformation, approved March | 12. 19O7." Senate. Journal, Page 231. II
 From these entries, it will be seen that the bill in question was referred | to the CoTflmittee on Local Legislation | and returned from the Committee on Judiciary. Such procedure was un- questionably not a compliance with l the mandates of the Constitution, as provided in Section 62, and operated, | to prevent this bill from becoming law.
 The question Is of sufficient import | ance, It seems to me, to the citizens | and officials of the State. to call for | an opinion from you as Attorney-Gen- era1. It may be that many of our | judges, solicitors and sheriffs are un- willingly violating the Code as point | ed out Rbove.- have called your att | above that you might advise these officers on the subject If you so desired, | or that you might take whatever action | may seem best to you. I
 Respectfully.
 T. T I,afcher