The Birmingham age-herald., 1914-09-14
EIGHT GOVERNORS OF ALABAMA
 i874-1901
No. 141-The Rig ht of the Governor Joseph F. John ston, Governor


 the call of constitutional convention and gone home, Governor Johnston ad- dressed personal letter. The governor requested the legislator to inform him whether in the legislators individual opin- ion an extra session should be called to revoke the enabling act.
 I It was a bold if not a desperate thing I to run in the face of the 133 select men of the state who had been nominated al- reody, under the act, as delegates. The politics of the state was put in a paradox. The sovereign had been put in process of action. The defacto enabling act had already brought the people into power. Their delegates had been selected could the legislature reduce the dele gates chosen by the people (nominatfon be- Ing equivalent to election) back into desuetude of public service? If the legis- iature Tn extra session might arrest the sovereign in the preliminary stage. might not the legislature dissolve a constitu- uonal convention at will or renounce a new constitution at discretion? The constitution of 1875 differed from the four that had preceded it in this that 1t expressly removed the executive department from influence in the pro- cesses Of amending and revising the or sanlc law Because of the obscuration of that -purinciple. in the experiences of 1899 the constitution of 1901 under which we now live, sought, by more than one spe- cific proviso. to restore the principle to efficiency.
 So far as I know. only one member Of the legislature replied by open letter to Governor Johnston. At the risk of un- usual length to this number that reply IS reproduced in order to develop the ar gument of the opposition.
 Huntsville, April 10, 1899. Governor Joseph F. Johnston, Montgomery, Ala.
 Dear Governor Johnston: I am in receipt of your valued favor of the for my opinion the advisability of call ing special session of the general as- sembly for the express purpose of re- pealing the act authorizing vote of the people on the question of calling a constitutional convention. T favored constitutional conven- tion in the house using all the ener- gies l possessed.
 The conditions existing then are still unchanged. Those who opposed the calling of a convention had the oppor- tunity to defeat the bill and I take it that no man would stullify himself by changing his vote now. The matter was elaborately discussed in both the House and the Senate and every
 
 fair opportunity to make up his mind and 1t would be a sad commentary and reflection on the intelligence of the members of our general assembly, should they so soon change their po- sitions.
 "The question has been settled and lit is simply an expensive application instituted by the opponents of the con- vention to have rehearing of the case they have lost.
 The democrats were not even united in the House on the constitutional con vention bill. You are cognizant of the fact that the populists co-operatod with the democrats who fought the bill But We won over both opposing fac tions. You insist the majority for the bill was so small that had you ve- toed t?) it, it would not possibly have passed either House.
 Note: The bill went to the governor in defiance of article ,, section 3 of the constitution then in force. His ar- proval actually made was of no effect and his veto If made, must have been brutem fulmen.
 MT. Wallace proceeds: '"rhere is no serious division in the democratic party. You say that it is urged that many loyal democrats will oppose tho convention. I deny this. No loyal democrat will oppose his party's plat form and the democratic party has spoken in no uncertain tones, in favor of calling constitutional convention
 ''The argument that the convention will fail to carry thereby greatly dam- aging and impairing our party or ganization, Is preposterous "I am opposed to calling a special session of the general assembly. I do not think it would be to the best h. terest of the party. I believe that 1t would effect hostilities in our ranks, that it would take years to overcome. Gentlemen have made their canvasses, have been nominated and it would pro- mote antagonisms in the democratic ranks through the nominees and their | friends.
 s'The people of Alabama are going to have a constitutional convention for | to vote so as to perpetuate the rule of the white man in Alabama and they should not be deterred in their de- termination now.
 eIn my judgment, a special session ] of the general assembly would dc nothing to change in the slightest de- gree matters as they now stand.
 "Thanking you for the honor you | have done me in asking my advice, | I am very respectfully your friend, "J w. WALLACE, JR.' l majority of the legislators replied affirmatively to the governors ques- tion He paid former Chief of Police R. c. Briclle $250 for an opinion and the opinion sustained the right Of the to revoke the call. 1 JOHN WITHERSPOON DUBOSE.